Interpretation Response #99-0248 ([Arizona Department of Public Safety] [Mr. Steve Herman])

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

Interpretation Response Details

Response Publish Date: 02/06/2001

Company Name: Arizona Department of Public Safety

Individual Name: Mr. Steve Herman

Location State: AZ Country: US

View the Interpretation Document

Response text:

February 6, 2001

Mr. Steve Herman                     Ref. No. 99-0248
Hazardous Materials Coordinator
Arizona Department of Public Safety
2102 West Encanto Boulevard
Phoenix, Arizona 85005-6638

Dear Mr. Herman:

This is in further response to your letter dated September 3, 1999, requesting clarification of the requirements applicable to non-specification cargo tanks operating under the provisions of § 173.315(k) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Specifically, you asked if the final rule adopted under HM-225A requires these cargo tanks to be equipped with an internal self-closing stop valve.

The answer is yes.  However, we have reconsidered our conclusion, in our October 20, 1999 letter to you, as to the date by which non-specification cargo tanks must be equipped with internal self-closing stop valves.

Section 180.405(n) of the HMR requires non-specification cargo tanks conforming to § 173.315(k) to be equipped with a means of thermal activation for the internal self-closing stop valve by the date of its first scheduled leakage test after July 1, 1999.  The thermal activation device must meet the requirements for thermal remote operators in § 178.337-8(a)(4). This requirement does not apply to a non-specification cargo tank authorized under § 173.315(k) that is not currently equipped with an internal self-closing stop valve.

Although a non-specification cargo tank that does not have an internal self-closing stop valve need not be retrofitted with a thermal activation device at this time, it will be necessary to install such a device as part of the emergency discharge control System retrofit program required under § 180.405(m). This section requires a non-specification cargo tank authorized under § 173.315(k) to be equipped with an emergency discharge control capability as specified in § 173.315(n) at the date of its first scheduled pressure test after July 1, 2001.  Section 173.315(n) requires each cargo tank used to transport liquefied compressed gas to have an emergency discharge control capability.  For each cargo tank operating in metered delivery service, as defined in § 171.8, with a capacity of 3,500 gallons or less, the emergency discharge control capability consists of an off ­truck means to close the internal self-closing stop valve and shut off all motive and auxiliary power (see § 173.315(n)(3)).

Thus, at the date of its first scheduled pressure test after July 1, 2001, each non-specification cargo tank operating under § 173.315(k) in metered delivery service must be equipped with an internal self-closing stop valve and an off-truck means to close the valve and shut off all motive and auxiliary power.  When the internal self-closing stop valve is installed, each non-specification cargo tank must also be equipped with a means of thermal activation for the internal self-closing stop valve in accordance with § 180.405(n).

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Edward T. Mazzullo
Director, Office of Hazardous Materials Standards

173.315

Regulation Sections