{"operation":"document","citation":"98-0578","title":"Delta Liquid Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-01-29","effective_on":null,"summary":"98-0578 response to Delta Liquid Energy concerning 173.415.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0578.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0578.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0578","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-10/980578.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nSpecial Programs\nJAN 29 1998\nMr. Robert Jacobs\nDelta Liquid Energy\nP.O. Box 3068\nPaso Robles, California 93447\nDear Mr. Jacobs:\nThis is in response to your letter of June 23, 1997, requesting clarification of requirements for\ntransporting compressed gases in a storage tanks under the Hazardous Material Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you asked whether storage tanks, under § 173.315\n(i) (4), are allowed to be charged with propane to more than 5 percent of their water capacity\nwhen being either delivered to a residence or being pickup from a residence and being returned to\nthe propane retailer facility.\nThe answer is no. A storage tank with a water capacity exceeding 1,042 pounds (125 gallon) may\n....\nnot be shipped when charged with propane to more than 5 percent of its water capacity regardless\nof whether the tank is being delivered to a residence or being picked up from a residence.\n:%\nI hope this information is helpful. Should you have further questions, do not hesitate to contact\nSincerely,\nHatle mitshelf\nHattie L. Mitchell, Chief\n210*30298.\"22200832\nExemptions and Regulations Termination\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nJAN 2 9 1998\nMr. Robert Jacobs\nDelta Liquid Energy\nP.O. Box 3068\nPaso Robles, California 93447\nDear Mr. Jacobs:\n20\nThis is in response to your letter of June 23, 1997, requesting clarification of requirements for\n...\ntransporting compressed gases in a storage tanks under the Hazardous Material Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you asked whether storage tanks, under § 173.315\n(i) (4), are allowed to be charged with propane to more than 5 percent of their water capacity\nwhen being either delivered to a residence or being pickup from a residence and being returned to\nthe propane retailer facility.\nThe answer is no. A storage tank with a water capacity exceeding 1,042 pounds (125 gallon) may\nnot be shipped when charged with propane to more than 5 percent of its water capacity regardless\nof whether the tank is being delivered to a residence or being picked up from a residence.\nI hope this information is helpful. Should you have further questions, do not hesitate to contact\nus.\nSincerely,\nNatle mitakelf\nHattie L. Mitchell, Chief\nExemptions and Regulations Termination\nOffice of Hazardous Materials Standards\n173,315\n\n<<<PAGE 3>>>\n\n- I\nJAN 29 1998\nMr. Robert Jacobs\nDelta Liquid Energy\nP.O. Box 3068\nPaso Robles, California 93447\nDear Mr. Jacobs:\nThis is in response to your letter of June 23, 1997, requesting clarification of requirements for\ntransporting compressed gases in a storage tanks under the Hazardous Material Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you asked whether storage tanks, under § 173.315\n() (4), are allowed to be charged with propane to more than 5 percent of their water capacity\nwhen being either delivered to a residence or being pickup from a residence and being returned to\nthe propane retailer facility.\nThe answer is no. A storage tank with a water capacity exceeding 1,042 pounds (125 gallon) may\nnot be shipped when charged with propane to more than 5 percent of its water capacity regardless\nof whether the tank is being delivered to a residence or being picked up from a residence.\nI hope this information is helpful. Should you have further questions, do not hesitate to contact\nus.\nSincerely,\nOriginal signed by\nMattie - Mitchell\nHattie L. Mitchell, Chief\nExemptions and Regulations Termination\nOffice of Hazardous Materials Standards\ncbetts:DHM-12:7/31/97:cdd\nRevised: 8/6/97:cdd\nRevised:08/18/97:gt\nRevised:DHM-12:1/28/98:cdd\nFile: 173.315\nSC:358\n\n<<<PAGE 4>>>\n\n06-23-1997 10:42\n1-805-239-1327\nSAN LUIS BUTANE\nP. 01\nDELTA LIQUID ENERGY\nLocation: Freeway 101 at 46 West • PO. Box 3068 • Pasu Rubles, California 93447 • Phone (805) 239-0618\nune 23, 1997\nFAx (805) 239-1327\nD\n173315\nUnited States Department of Transportation\nFile.\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\nsci\n400 7th. Street Southwest\nWashington, D.C. 20590\n(800) 167-4922 fax (202) 366.8700\nATT: Edward Mazzullo, Director\nDear Mr. Mazzulln,\nDelta Liquid Energy operates five retail propane facilitics in central California. Daily\noperations require the delivery of propane storage tanks in excess of 125 water gallon\ncapacity to private residences. Their has always been some confusion as to the under\nstanding of Title 49 C.F.R. 173.315 () (4). I have spoken with Deborah Boothe\nregarding this issue, at which time she conferred with Hattie Mitchell, and gave me the\nansiver. \"Propant storage tanks exceeding a 125 gallon water capacicy cannot be\nshipped when charged with liquid potroleum gas to more than 5 percent of their water\ncapacity isgardless if the tank is being delivered or picked up.\" This is what our\ncompany has always understood. However, othcr propane rctailers do not agree when\nI explain Title 49. They believe the tank must be at 5% or less when delivering to a\npermanent location, however they are allowed to ship the tank aboye 5% when\nbringing a tank from a residence back to the propane retailer's office/plant location.\nAt this time I am requesting a written interpretation of Title 49 that will alleviate the\nconfusion amongst several propane companies and consumers. Please prepare the\nwritten interpretation so that it is easily understood that the above described propane\ntanks are not lo exceed the 5% charge when you are cither delivsring to a residence\nretailers facility.\nor picking up a propane storage tank from a residence and returning it to the propane\n•\nor comments.\nThank you very much. Please contact me at (805) 232-0616 if you have any questions\nSincerety,\nDirector of Markering\nUPGA\nMEMDER\n\n<<<PAGE 5>>>\n\n>86-23-1997 10:42\n1-805-239-1327\nSAN LUIS BUTANE\nP. B1\nDELTA LIQUID ENERGY\nLocation: Freeway 101 at 46 West • PO. Box 3068 • Paso Rubles, California 93447 • Phone (805) 239-0618\nlune 23, 1997\nFAX (805) 239-1327\nFile: 173315\nUnited States Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\nsei\n400 7th. Street Souchwest\nWashington, D.C. 20590\n(800) 167-4922 fax (202) 366-8700\nATT: Edward Mazzullo, Director\nDear Mr. Mazzullo,\nDelta Liquid Energy operates five recail propane facilitics in central California. Daily\noperations require the delivery of propane storage tanks in excess of 125 water gallon\ncapacity to private residences. Their has always boen some confusion as to the under\nstanding of Title 49 C.F.R. 173.315 (j) (4). I have spoken with Deborah Boothe\nregarding this issue, at which time she conferred with Hattie Mitchell, and gave me the\nanswer. \"Propane storage tanks exceeding a 125 gallon water capacity cannot be\nshipped when charged with liquid potroleum gas to more than 5 percent of their water\ncapacity isgardless it the tank is being delivered or picked up.\" This is what our\ncompany has always understood. However, orhcr propane rotailers do not agree when\nI explain Title 49. They believe the tank must be at 5% or less when delivering to a\npermanent location, however they are allowed to ship the tank above 5% when\nbringing a tank from a residence back to the propane retailer's office/plant location.\nAt this time I am requesting a written interpretation of Titlc 49 that will alleviate the\nconfusion amongst several propane companies and consumers. Please prepare the\nwritten interpretation so that it is easily understood that the above described propane\ntanks are not to exceed the 5% charge when you are cither delivoring to a residence\nretailers facility.\nor picking up a propane storage tank from a residence and returning it to the propane\nThank you very much. Please contact me at (805) 239-0616 it you have any questions\nor comments.\nSincerety,\nRobert Jacobs\nDirector of Marketing\nMEMDER\nPGA\nPROPANE 842 semito","truncated":false,"body_characters":8094}