{"operation":"document","citation":"99-0248","title":"Arizona Department of Public Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-02-06","effective_on":null,"summary":"99-0248 response to Arizona Department of Public Safety concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0248.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0248.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0248","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990248.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh St., S.W\nof Transportation\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nFEB\n6 2001\nMr. Steve Herman\nRef. No. 99-0248\nHazardous Materials Coordinator\nArizona Department of Public Safety\n2102 West Encanto Boulevard\nPhoenix, Arizona 85005-6638\nDear Mr. Herman:\nThis is in further response to your letter dated September 3, 1999, requesting clarification of the\n; 173.315(k) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\nequirements applicable to non-specification cargo tanks operating under the provisions o\nSpecifically, you asked if the final rule adopted under HM-225A requires these cargo tanks to be\nequipped with an internal self-closing stop valve.\nThe answer is yes. However, we have reconsidered our conclusion, in our October 20, 1999\nletter to you, as to the date by which non-specification cargo tanks must be equipped with\ninternal self-closing stop valves.\nSection 180.405(n) of the HMR requires non-specification cargo tanks conforming to\n§ 173.315(k) to be equipped with a means of thermal activation for the internal self-closing stop\nvalve by the date of its first scheduled leakage test after July 1, 1999. The thermal activation\ndevice must meet the requirements for thermal remote operators in § 178.337-8(a)(4). This\nrequirement does not apply to a non-specification cargo tank authorized under § 173.315(k) that\nis not currently equipped with an internal self-closing stop valve.\nAlthough a non-specification cargo tank that does not have an internal self-closing stop valve\nneed not be retrofitted with a thermal activation device at this time, it will be necessary to install\nsuch a device as part of the emergency discharge control system retrofit program required under\n$180.405(m). This section requires a non-specification cargo tank authorized under § 173.315(k)\nto be equipped with an emergency discharge control capability as specified in § 173.315(n) at the\ndate of its first scheduled pressure test after July 1, 2001. Section 173.315(n) requires each cargo\ntank used to transport liquefied compressed gas to have an emergency discharge control\ncapability. For each cargo tank operating in metered delivery service, as defined in § 171.8, with\na capacity of 3,500 gallons or less, the emergency discharge control capability consists of an off-\ntruck means to close the internal self-closing stop valve and shut off all motive and auxiliary\npower (see § 173.315(n)(3)). Thus, at the date of its first scheduled pressure test after\nJuly 1, 2001, each non-specification cargo tank operating under § 173.315(k) in metered delivery\n990248\n\n<<<PAGE 2>>>\n\nPage 2\nservice must be equipped with an internal self-closing stop valve and an off-truck means to close\nthe valve and shut off all motive and auxiliary power. When the internal self-closing stop valve\nis installed, each non-specification cargo tank must also be equipped with a means of thermal\nactivation for the internal self-closing stop valve in accordance with § 180.405(n).\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nDirector, Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nARIZONA DEPARTMENT OF PUBLIC SAFETY\n2102 WEST ENCANTO BLVD. P. O. BOX 6638\nPHOENIX, ARIZONA 85005-6638 (602) 223-2000\nJANE DEE HULL\nGOVEHNON\nOE ALB\nIRECTO\nSeptember 3, 1999\nU.S. Department of Transportation\nResearch & Special Programs Administration\n3173.315\nATTENTION: Mr. Ed Mazzullo\nOffice of Hazardous Materials Standards\n400 Seventh Street S.W.\nWashington, DC 20590\n99-0248\nDear Sirs:\nregarding the requirement for a internal self-closing stop valve on a nonspecification\nI am writing to clarify the intent of the recently adopted Docket HM-225A changes\ncargo tank operating under the provisions of 49 CFR 173.315(k).\nNew wording in 173.315(k)(5) states such a tank must \"....be) equipped...as specified\nfor MC 331 cargo tanks.\nrequirements of this subchapter,\" such a nonspecification tank would be subject to\nFurther, since 173.315(k)(8) states \"It must be operated in conformance with all other\nmeans to close the internal self-closing stop valve...\"\n173.315(n), specifically 173.315(n)(3) which states,\n...must have an off-truck remote\nparagraph (k) of this section must have a thermal means of closure for each internal\nFinally, since 173.315(p) provides \"...or nonspecification cargo tank authorized under\nself-closing stop valve as specified in Sec. 178.337-8(a)(4) of this subchapter,\" the tank\nis subject to 178.337-8(a)(4) which provides, \"\nmust be fitted with a primary discharge control system as defined in Sec. 178.337-1(g),\"\n\"...each liquid or vapor discharge outlet\nsuch a nonspecification tank would be subject to 178.337-1(g) which states, \"Primary\ndischarge control system means a primary shut-off installed at a product discharge\noutlet of a cargo tank consisting of an internal self-closing stop valve...\ntank operating under the provisions of 49 CFR 173.315(k) must be equipped with an\nIn light of all of the above, is my understanding correct that a nonspecification cargo\ninternal self-closing stop valve?\nPlease do not hesitate to contact me at 602-223-2886 if my request for an interpretation\nis not clear.\nSincerely\nSteve Hermann\nHazardous Materials Coordinator","truncated":false,"body_characters":5331}