Interpretation Response #20-0040

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

Interpretation Response Details

Response Publish Date: 03/23/2021

Company Name: Silverback Consulting Group LLC

Individual Name: Michael Di Giorgio

Location State: NJ Country: US

View the Interpretation Document

Response text:

March 23, 2021

Mr. Michael Di Giorgio
Silverback Consulting Group LLC
Propane University
41 Woodside Avenue
Hasbrouck Heights, NJ  07604

Reference No. 20-0040

Dear Mr. Di Giorgio:

This letter is in response to your May 4, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the odorization of liquefied petroleum gas in cargo tanks and portable tanks, as required in 49 CFR 173.315(b)(1) and (2). Specifically, you ask several questions concerning the odorization of propane gas.

We have paraphrased and answered your questions as provided below:

Q1. You ask who would be responsible for ensuring that the amount of odorant (ethyl mercaptan), whether injected manually or automatically into a cargo tank or portable tank of propane, is sufficient as registered by the ethyl mercaptan injection meter.

A1. Section 173.315(b)(2) states that for cargo tanks or portable tanks being transported from a refinery, gas plant, or pipeline terminal, the offeror must ensure that enough odorant will remain in the cargo tank or portable tank during the course of transportation and must have procedures to ensure that quantitative testing methods are used to measure the amount of odorant in the liquefied petroleum gas. This requirement would not apply to a secondary or retail shipper.

Q2. You ask whether a company should request the calibration records for an odorant meter.

A2. There is no requirement in the HMR that would prevent a person from requesting a copy of a calibration record of an odorant meter. However, there is also no requirement in the HMR that compels an offeror to supply such records.

Q3. You ask whether a gas company that offers propane from its plant storage tanks for delivery to the end-user is responsible for performing a quantitative test to verify sufficient odorant is in the propane before it leaves the plant.

A3. The answer is no.  See Answer A1.

Q4. You ask whether the odorant injected at the refinery is intended to last for one leg of transportation (from the refinery to the owner's storage tank) or for the entire transportation of the propane (from the refinery to the owner's storage tank to the end-user).

A4. Section 173.315(b)(2) is limited to cargo tanks or portable tanks being transplanted from a refinery, gas plant, or pipeline terminal and states that the offeror must ensure that enough odorant will remain in the cargo tank or portable tank during transportation. For purposes of the HMR, transportation begins when a carrier takes physical possession of a hazardous material for the purposes of transporting it and continues until the hazardous material is delivered to the destination indicated on a shipping paper, package marking, or other medium.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.315(b)(2)

Regulation Sections