{"operation":"document","citation":"20-0040","title":"Silverback Consulting Group LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-03-23","effective_on":null,"summary":"20-0040 response to Silverback Consulting Group LLC concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0040.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0040.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0040","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74811/200040.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 23, 2021\nMr. Michael Di Giorgio\nSilverback Consulting Group LLC\nPropane University\n41 Woodside Avenue\nHasbrouck Heights, NJ 07604\nReference No. 20-0040\nDear Mr. Di Giorgio:\nThis letter is in response to your May 4, 2020, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the odorization of liquefied\npetroleum gas in cargo tanks and portable tanks, as required in 49 CFR 173.315(b)(1) and (2).\nSpecifically, you ask several questions concerning the odorization of propane gas.\nWe have paraphrased and answered your questions as provided below:\nQ1. You ask who would be responsible for ensuring that the amount of odorant (ethyl\nmercaptan), whether injected manually or automatically into a cargo tank or portable tank\nof propane, is sufficient as registered by the ethyl mercaptan injection meter.\nA1. Section 173.315(b)(2) states that for cargo tanks or portable tanks being transported from\na refinery, gas plant, or pipeline terminal, the offeror must ensure that enough odorant\nwill remain in the cargo tank or portable tank during the course of transportation and\nmust have procedures to ensure that quantitative testing methods are used to measure the\namount of odorant in the liquefied petroleum gas. This requirement would not apply to a\nsecondary or retail shipper.\nQ2 You ask whether a company should request the calibration records for an odorant meter.\nA2. There is no requirement in the HMR that would prevent a person from requesting a copy\nof a calibration record of an odorant meter. However, there is also no requirement in the\nHMR that compels an offeror to supply such records.\n\n<<>>\n\nQ3. You ask whether a gas company that offers propane from its plant storage tanks for\ndelivery to the end-user is responsible for performing a quantitative test to verify\nsufficient odorant is in the propane before it leaves the plant.\nA3. The answer is no. See Answer A1.\nQ4. You ask whether the odorant injected at the refinery is intended to last for one leg of\ntransportation (from the refinery to the owner’s storage tank) or for the entire\ntransportation of the propane (from the refinery to the owner’s storage tank to the end-\nuser).\nA4. Section 173.315(b)(2) is limited to cargo tanks or portable tanks being transplanted from\na refinery, gas plant, or pipeline terminal and states that the offeror must ensure that\nenough odorant will remain in the cargo tank or portable tank during transportation. For\npurposes of the HMR, transportation begins when a carrier takes physical possession of a\nhazardous material for the purposes of transporting it and continues until the hazardous\nmaterial is delivered to the destination indicated on a shipping paper, package marking,\nor other medium.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nEdmonson\n20-0040\nFrom: Ciccarone, Michael (PHMSA)\nTo: Hazmat Interps\nSubject: FW: REQUEST FOR INTERPRETATION\nDate: Wednesday, May 6, 2020 8:59:41 AM\nAlice/Ikeya,\nPlease log as a request for interp.\nThanks,\nMike\nFrom: DerKinderen, Dirk (PHMSA)\nSent: Wednesday, May 6, 2020 8:47 AM\nTo: Ciccarone, Michael (PHMSA) \nSubject: RE: REQUEST FOR INTERPRETATION\nThanks Mike,\nIf you haven’t already done so, have the HMIC forward to Alice/Ikeya for submittal and assignment.\nThanks,\nDirk Der Kinderen\nChief, Standards Development Branch\nPHMSA\n202-366-4460\nFrom: Raynor, T'Mia (PHMSA)\nSent: Monday, May 4, 2020 10:59 AM\nTo: DerKinderen, Dirk (PHMSA) \nSubject: FW: REQUEST FOR INTERPRETATION\nHi Dirk,\nHope all is well. I received the below email in the webmaster inbox. Would you be able to assist or is\nthere someone I can send these types of emails to?\nThanks,\nT'Mia Raynor\nWebmaster\nPHMSA Office of the CIO (PHF-30)\nDesk: (202) 366-9818 | Mobile: (202) 580-9447\nFrom: Silverback Consulting Propane University [mailto:hazmat1075@silverbackconsultingllc.com]\n\n<<>>\n\nSent: Monday, May 4, 2020 8:47 AM\nTo: PHMSA Webmaster \nCc: Silverback Consulting Propane University \nSubject: REQUEST FOR INTERPRETATION\nTo whom it may concern,\nPlease help in our understanding of 173.315 (b)(1) and (2) as it relates to the\nquantitative testing for odorant in propane. It is my understanding that the\nregulation applies to the shipper/offeror and we interpret this to be the\nrefinery (initial shipper). According to the regulation, the initial shipper needs\nto conduct the quantitative testing to ensure that the adequate amount of\nodorant (Ethyl Mercaptan) was injected into the cargo tank with the propane.\nThis leads me to a few questions:\n1. Whether the odorant is injected manually or automatically who is\nresponsible to ensure the proper amount that was registered by the Ethyl\nMercaptan injection meter was sufficient; the initial shipper/refinery or the\nsecondary shipper (being the owner of the product) loading their own cargo\ntanks to fill end user tanks? Or both? In addition, should companies be\nrequesting calibration records for the odorant meter?\n2. Does the gas company that becomes the shipper when the propane leaves\nthe plant (from their storage tanks) to be delivered to the end-user have the\nresponsibility to perform a quantitative test to verify sufficient odorant is still\nin the propane?\n3. Is the odorant injected at the refinery intended to last just for one leg of\ntransportation (the refinery to the owner storage tank) or for the entire\ntransportation of the propane from the refinery to owner storage to the end-\nuser?\nThe bottom line is that we all want to be safe and ensure that the odorant is\nincluded and effective for transportation to the end-user. We just need\nclarification on who needs to conduct the quantitative testing and what\ndocumentation should be obtained and maintained.\nThank you for your help and support.\nMike Di Giorgio\nSilverback Consulting Group LLC\nPropane University\nYour Transportation and Safety Leader\n\n<<>>\n\nMichael DiGiorgio\nPropane University\nSilverback Consulting Group\n41 Woodside Avenue\nHasbrouck Heights NJ 07604\nCell Phone 914 645 9631\nSilverback Consulting Propane University\nhazmat1075@silverbackconsultingllc.com\nhttp://www.silverbackconsultingllc.com/\nhttps://www.propaneuniversity.net/\nTRAVEL SAFE\nE-Mail Circulation and or Sharing This E-mail\nThis email is intended solely for the use of the individual to whom it is addressed and\nmay contain information that is privileged, confidential or otherwise exempt from\ndisclosure under applicable law. If the reader of this email is not the intended\nrecipient you are hereby notified that any dissemination, distribution, or copying of\nthis communication is strictly prohibited.\nProtection of Confidential Information. All items of information, documents (including\nelectronically stored documents like email), and materials pertaining to the referenced\nsubject are private and considered confidential.","truncated":false,"body_characters":7264}