Delta Liquid Energy — Hazardous Materials Safety Interpretation

Page 1U.S.Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administration Special Programs JAN 29 1998 Mr. Robert Jacobs Delta Liquid Energy P.O. Box 3068 Paso Robles, California 93447 Dear Mr. Jacobs: This is in response to your letter of June 23, 1997, requesting clarification of requirements for transporting compressed gases in a storage tanks under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether storage tanks, under § 173.315 (i) (4), are allowed to be charged with propane to more than 5 percent of their water capacity when being either delivered to a residence or being pickup from a residence and being returned to the propane retailer facility. The answer is no. A storage tank with a water capacity exceeding 1,042 pounds (125 gallon) may .... not be shipped when charged with propane to more than 5 percent of its water capacity regardless of whether the tank is being delivered to a residence or being picked up from a residence. :% I hope this information is helpful. Should you have further questions, do not hesitate to contact Sincerely, Hatle mitshelf Hattie L. Mitchell, Chief 210*30298."22200832 Exemptions and Regulations Termination Office of Hazardous Materials Standards#

Page 2U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration JAN 2 9 1998 Mr. Robert Jacobs Delta Liquid Energy P.O. Box 3068 Paso Robles, California 93447 Dear Mr. Jacobs: 20 This is in response to your letter of June 23, 1997, requesting clarification of requirements for ... transporting compressed gases in a storage tanks under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether storage tanks, under § 173.315 (i) (4), are allowed to be charged with propane to more than 5 percent of their water capacity when being either delivered to a residence or being pickup from a residence and being returned to the propane retailer facility. The answer is no. A storage tank with a water capacity exceeding 1,042 pounds (125 gallon) may not be shipped when charged with propane to more than 5 percent of its water capacity regardless of whether the tank is being delivered to a residence or being picked up from a residence. I hope this information is helpful. Should you have further questions, do not hesitate to contact us. Sincerely, Natle mitakelf Hattie L. Mitchell, Chief Exemptions and Regulations Termination Office of Hazardous Materials Standards 173,315#

Page 3- I JAN 29 1998 Mr. Robert Jacobs Delta Liquid Energy P.O. Box 3068 Paso Robles, California 93447 Dear Mr. Jacobs: This is in response to your letter of June 23, 1997, requesting clarification of requirements for transporting compressed gases in a storage tanks under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether storage tanks, under § 173.315 () (4), are allowed to be charged with propane to more than 5 percent of their water capacity when being either delivered to a residence or being pickup from a residence and being returned to the propane retailer facility. The answer is no. A storage tank with a water capacity exceeding 1,042 pounds (125 gallon) may not be shipped when charged with propane to more than 5 percent of its water capacity regardless of whether the tank is being delivered to a residence or being picked up from a residence. I hope this information is helpful. Should you have further questions, do not hesitate to contact us. Sincerely, Original signed by Mattie - Mitchell Hattie L. Mitchell, Chief Exemptions and Regulations Termination Office of Hazardous Materials Standards cbetts:DHM-12:7/31/97:cdd Revised: 8/6/97:cdd Revised:08/18/97:gt Revised:DHM-12:1/28/98:cdd File: 173.315 SC:358#

Page 406-23-1997 10:42 1-805-239-1327 SAN LUIS BUTANE P. 01 DELTA LIQUID ENERGY Location: Freeway 101 at 46 West • PO. Box 3068 • Pasu Rubles, California 93447 • Phone (805) 239-0618 une 23, 1997 FAx (805) 239-1327 D 173315 United States Department of Transportation File. Research and Special Programs Administration Office of Hazardous Materials Standards sci 400 7th. Street Southwest Washington, D.C. 20590 (800) 167-4922 fax (202) 366.8700 ATT: Edward Mazzullo, Director Dear Mr. Mazzulln, Delta Liquid Energy operates five retail propane facilitics in central California. Daily operations require the delivery of propane storage tanks in excess of 125 water gallon capacity to private residences. Their has always been some confusion as to the under standing of Title 49 C.F.R. 173.315 () (4). I have spoken with Deborah Boothe regarding this issue, at which time she conferred with Hattie Mitchell, and gave me the ansiver. "Propant storage tanks exceeding a 125 gallon water capacicy cannot be shipped when charged with liquid potroleum gas to more than 5 percent of their water capacity isgardless if the tank is being delivered or picked up." This is what our company has always understood. However, othcr propane rctailers do not agree when I explain Title 49. They believe the tank must be at 5% or less when delivering to a permanent location, however they are allowed to ship the tank aboye 5% when bringing a tank from a residence back to the propane retailer's office/plant location. At this time I am requesting a written interpretation of Title 49 that will alleviate the confusion amongst several propane companies and consumers. Please prepare the written interpretation so that it is easily understood that the above described propane tanks are not lo exceed the 5% charge when you are cither delivsring to a residence retailers facility. or picking up a propane storage tank from a residence and returning it to the propane • or comments. Thank you very much. Please contact me at (805) 232-0616 if you have any questions Sincerety, Director of Markering UPGA MEMDER#

Page 5>86-23-1997 10:42 1-805-239-1327 SAN LUIS BUTANE P. B1 DELTA LIQUID ENERGY Location: Freeway 101 at 46 West • PO. Box 3068 • Paso Rubles, California 93447 • Phone (805) 239-0618 lune 23, 1997 FAX (805) 239-1327 File: 173315 United States Department of Transportation Research and Special Programs Administration Office of Hazardous Materials Standards sei 400 7th. Street Souchwest Washington, D.C. 20590 (800) 167-4922 fax (202) 366-8700 ATT: Edward Mazzullo, Director Dear Mr. Mazzullo, Delta Liquid Energy operates five recail propane facilitics in central California. Daily operations require the delivery of propane storage tanks in excess of 125 water gallon capacity to private residences. Their has always boen some confusion as to the under standing of Title 49 C.F.R. 173.315 (j) (4). I have spoken with Deborah Boothe regarding this issue, at which time she conferred with Hattie Mitchell, and gave me the answer. "Propane storage tanks exceeding a 125 gallon water capacity cannot be shipped when charged with liquid potroleum gas to more than 5 percent of their water capacity isgardless it the tank is being delivered or picked up." This is what our company has always understood. However, orhcr propane rotailers do not agree when I explain Title 49. They believe the tank must be at 5% or less when delivering to a permanent location, however they are allowed to ship the tank above 5% when bringing a tank from a residence back to the propane retailer's office/plant location. At this time I am requesting a written interpretation of Titlc 49 that will alleviate the confusion amongst several propane companies and consumers. Please prepare the written interpretation so that it is easily understood that the above described propane tanks are not to exceed the 5% charge when you are cither delivoring to a residence retailers facility. or picking up a propane storage tank from a residence and returning it to the propane Thank you very much. Please contact me at (805) 239-0616 it you have any questions or comments. Sincerety, Robert Jacobs Director of Marketing MEMDER PGA PROPANE 842 semito#