{"operation":"document","citation":"22-0033","title":"DOT Safety Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-05-16","effective_on":null,"summary":"22-0033 response to DOT Safety Solutions concerning 180.401, 180.403, 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0033.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0033.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0033","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77581/220033.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 16, 2023\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRandy Decker\nDOT Safety Solutions\nPO Box 25311\nOverland Park, KS 66225\nReference No. 22-0033\nDear Mr. Decker:\nThis letter is in response to your April 19, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to qualification and\nmaintenance of cargo tanks. Specifically, you describe a scenario where crude oil is transported\nin cargo tanks made of aluminum; you state that, as a registered inspector, you have firsthand\nexperience that the crude oil transported in the region of service can be and is corrosive to an\naluminum tank. You ask who is responsible for making the determination that the cargo tank was\ntransporting a material that was corrosive to the cargo tank or valve.\nIn accordance with § 180.401, the requirements in Part 180, Subpart E for the qualification and\nmaintenance of cargo tanks apply to any person responsible for the continuing qualification,\nmaintenance, or periodic testing of a cargo tank. In § 180.403, corrosive to the tank or valve\nmeans that the lading has been shown through experience or test data to reduce the thickness of\nthe material of construction of the tank wall or valve. Thus, if the crude oil in the region of\nservice has been shown through experience or test data to reduce the thickness of the material of\nconstruction of the tank wall or valve, then the cargo tank must be subjected to the testing and\ninspection regimen for associated cargo tanks transporting lading corrosive to the tank found in\n§ 180.407(c).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: 180.403 clarification\nDate: Wednesday, April 20, 2022 2:03:16 PM\nAttachments: image006.png\nimage007.png\nimage008.png\nCardez\n22-0033\nHello Alice,\nPlease see the below interpretation request.\nLet me know if you have any questions.\nRegards,\n-Breanna\nFrom: Randy Decker <randydecker@dottrainingsolutions.com>\nSent: Tuesday, April 19, 2022 1:25 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: RE: 180.403 clarification\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\n180.403\nCorrosive to the tank or valve means that the lading has been shown through experience or test data\nto reduce the thickness of the material of construction of the tank wall or valve.\nI have had owners tell me that crude oil wasn’t corrosive. From experience as an RI testing Crude\ntrailer’s, I know that crude product is corrosive to an aluminum tank in this area.\nQuestion: I as the RI, tell the owner or the tank that the crude in this area is corrosive to his tank and\nI must do an internal, PRD test, and a liner inspection (if lined) annually and a thickness test every\ntwo years if unlined. The owner says it’s not in corrosive service and not to do the additional test.\nWho’s right and if the owner is correct, does this relieve the responsibilities from the RI? Can the RI\nsupersede what the owner says in this case?\n\n<<<PAGE 3>>>\n\nCrude residue sat in this Alum. DOT 407 unlined for 6 months.\nPlease respond by email and or by mail to PO Box 25311 Overland Park, KS 66225\nThank you\nRandy Decker\nSafety Consultant\nMobile: (913) 350-0373|Toll Free: (866) 296-7394\nEmail: randydecker@dottrainingsolutions.com\nWebsite: https://dottrainingsolutions.com\nFrom: Randy Decker\nSent: Thursday, March 17, 2022 3:44 PM\nTo: Infocntr@dot.gov\nSubject: 180.403 clarification\nI have had owners tell me that crude oil wasn’t corrosive. From past experience as an RI, I know that\ncrude oil is corrosive to an aluminum tank.\nQuestion: I as the RI, tell the owner or the tank that the crude is corrosive to his tank and I must do\n\n<<<PAGE 4>>>\n\nan internal, PRD test, and a liner inspection (if lined) annually. The owner says it’s not in corrosive\nservice and not to do the additional test. Who’s right and if the owner is correct, does this relieve\nthe responsibility’s from the RI?\nRandy Decker\nSafety Consultant\nMobile: (913) 350-0373|Toll Free: (866) 296-7394\nEmail: randydecker@dottrainingsolutions.com\nWebsite: https://dottrainingsolutions.com","truncated":false,"body_characters":4538}