February 09, 2016
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a February 2nd letter to Paraco Gas a clarification of the federal Hazardous Materials Regulations (“HMR”) in regards to the condemnation of cylinders.
Paraco asked PHMSA to provide a definition of the term “incapable of holding pressure” as it applies to § 180.205(i)(2)(iii).
PHMSA was also asked whether removal and/or destruction of the service valve was an acceptable means of rendering the cylinder incapable of holding pressure.
The federal agency responded that the HMR does not provide a definition of the term “incapable of holding pressure.” However, PHMSA does note:
… we consider a cylinder incapable of holding pressure when it is unable to contain a material or a gas at a pressure higher than ambient pressure. Furthermore, this Office does not consider removal or destruction of the service valve as an acceptable means of rendering a cylinder incapable of holding pressure because of an individual may not be able to conclude that the cylinder is actually condemned. Drilling holes through the cylinder walls is an example of rendering a cylinder incapable of holding pressure and communicates to an individual in possession of the cylinder that it is no longer suitable for such service.
Click here to download a copy of the letter.
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