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Interpretation Response #16-0048 ([Public Utilities Commission of Ohio] [Mr. Ronald Swegheimer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Public Utilities Commission of Ohio

Individual Name: Mr. Ronald Swegheimer

Location State: OH Country: US

View the Interpretation Document

Response text:

August 3, 2016

Ronald B. Swegheimer
Division Chief
Public Utilities Commission of Ohio
180 East Broad Street
Columbus, OH 43215

Ref. No. 16-0048

Dear Mr. Swegheimer:

This responds to your March 18, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requalification and maintenance of cargo tanks.  In your email, you describe a Specification DOT 407 cargo tank equipped with vapor recovery equipment that is transporting “UN3295, Hydrocarbons, liquid, n.o.s.”  Your questions are paraphrased and answered as follows:

Q1. Are all specification cargo tanks equipped with vapor recovery equipment allowed to use the EPA Method 27 leak test?

A1. No.  Only cargo tanks used to transport petroleum distillate fuels (defined in the test as a petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kilopascals or greater which is used as a fuel for internal combustion engines) that are equipped with vapor collection equipment may be leak tested in accordance with the Environmental Protection Agency (EPA) “Method 27—Determination of Vapor Tightness of Gasoline Delivery Tank Using Pressure-Vacuum Test,” as set forth in Appendix A to 40 CFR part 60.

Q2. If a cargo tank with vapor collection equipment that has been tested in accordance with EPA Method 27 transports gasoline one time, is it authorized to carry other hazardous materials without being retested in accordance with § 180.407(h)(1)?

A2. No.  The authorization to perform the leak test in accordance with EPA Method 27 is only for cargo tanks that are in dedicated service for the transportation of petroleum distillate fuel.

Q3. If a cargo tank is not operated in petroleum distillate fuel service but is equipped with vapor recovery equipment, is the vapor recovery equipment subject to the requirements in Part 180, Subpart E of the HMR?

A3. The qualification and maintenance requirements in Part 180, Subpart E of the HMR apply to all specification cargo tanks.  To be considered an authorized specification packaging, all applicable requirements in Part 180, Subpart E must be met for the particular cargo tank in question.  However, there are no specific qualification and maintenance requirements or retesting requirements specific to vapor collection equipment, as it is not included in any cargo tank specification.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks