Interpretation Response #02-0006 ([Railroad Commission of Texas Gas Services Division] [Richard L. Gilbert])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12/03/2003

Company Name: Railroad Commission of Texas Gas Services Division

Individual Name: Richard L. Gilbert

Location State: TX Country: US

View the Interpretation Document

Response text:

DEC 3, 2003

Mr. Richard L. Gilbert                             Reference No.: 02-0006

Railroad Commission of Texas

Gas Services Division

P. O. Box 12967

Austin, TX 78711-2967

Dear Mr. Gilbert:

This responds to your letter regarding clarification of the compliance dates in § 173.315(n)(5)(ii) as they apply to appropriate emergency discharge control capability applicable to MC 330, MC 331, or non-specification cargo tanks authorized to transport liquefied compressed gas. I apologize for the delay in responding and hope it has not caused any inconvenience.

You asked:

Q 1. Are cargo tank motor vehicles that have been repaired or modified to the extent that a pressure test is needed also required, as specified in § 173.315(n)(5)(ii), to meet the emergency discharge control retrofit requirement before they can be placed back into service?

A 1. The compliance dates specified in § 173.315(n)(5)(ii) apply to the requalification of a cargo tank motor vehicle, and not to a cargo tank that has been repaired or modified and requires a pressure test. However, if the pressure test associated with a repair or modification is also used as a requalification test and to establish a new retest date, such requalification triggers the requirement for emergency discharge control retrofit.

A requalified cargo tank motor vehicle in liquefied compressed gas service must be equipped with an emergency discharge control capability at the date of its first scheduled pressure test after July 1, 2001. An MC 330, MC 331, or non­specification cargo tank motor vehicle may not be operated after July 1,2006, unless it has been equipped with emergency discharge control equipment as specified in § 173.315(n). Each passive shut-off system installed prior to July 1, 2001, must be certified by a Design Certifying Engineer that it meets the requirements of § 173.315(n)(2).

Q2. Mayan operator arbitrarily have a pressure test performed on a vehicle prior to the next scheduled pressure retest date and thereby delay the retrofit requirement until July 1, 2006?

A2. The answer is no. As specified in 173.315(n)(5)(ii), an MC 330, MC 331, or non-specification cargo tank motor vehicle in liquefied compressed gas service is prohibited from being "operated" after July 1, 2006, unless it has been equipped with emergency discharge control equipment. A pressure test performed prior to its scheduled pressure retest date has no bearing on this date.

A specification cargo tank that for any reason no longer meets the applicable specification may not be used unless the cargo tank is repaired and retested in accordance with §§ 180.407 and 180.413 prior to being returned to hazardous materials service. Each cargo tank must be tested and inspected as specified in accordance with the § 180.407 by an inspector meeting the qualifications of § 180.409.

Q3. Is it the intent of this rule to require that the emergency discharge control capability be installed anytime a pressure test is performed after July 1, 2001?

A3. See answer "A1."

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

Susan G. Gorsky

Senior Transportation Specialist

Office of Hazardous Materials Standards

173.315

Regulation Sections