Interpretation Response #02-0095 ([Burdette & Associates, Inc.] [Michael Burdette, P.E])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Burdette & Associates, Inc.
Individual Name: Michael Burdette, P.E
Location State: LA Country: US
View the Interpretation Document
Response text:
June 26, 2002
Mr. Michael Burdette, P.E. Reference No. 02-0095
Burdette & Associates, Inc.
P.O. Box 264
Milton, LA 70558
Dear Mr. Burdette:
This responds to your letter dated March 31, 2002, regarding whether a nozzle on an IM 101 portable tank, which is in place solely for diesel fuel return, can be considered a "fill" nozzle in accordance with the requirements in 49 CFR 178-270-12(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
An IM 101 dedicated, diesel generator fuel tank is equipped with a fuel return nozzle located in the vapor space. This nozzle is a ½ inch threaded opening with a "tee" fitting equipped with screwed plugs for closure during transport. A "tee" fitting is required in order to be able to connect two diesel engine fuel return lines to the tank -- 100% backup is often required for emergency situations. Specifically, you asked if this nozzle can be considered as a fill nozzle and thus not require a manually operated stop valve.
Paragraph (a) of § 178.270-12 requires all tank nozzles, thermometer wells and inspection openings to be fitted with manually operated stop valves located as near the shell as practicable, either internal or external to the shell. However, a tank nozzle installed in the vapor space to provide a filling or cleaning opening, which is closed by a blank flange or other suitable means, is not required to be provided with a manually operated stop valve. It is our opinion that a diesel engine fuel return line nozzle located in the vapor space for the sole purpose of returning excess diesel fuel from the engine back to the fuel tank, although technically not a fill line, is an inlet opening in the vapor space for product to be returned to the fuel tank, and thus would be considered a filling opening in accordance with § 178.270-12. Therefore, the IM 101 dedicated, diesel generator fuel tank equipped with a fuel retain nozzle located in the vapor space need not be provided with a manually operated stop valve.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
178.270-12