Hazardous Materials: Safety Standards for Preventing and Mitigating Unintentional Releases During the Unloading of Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 177, 178, 180

[Docket No. RSPA-97-2718 (HM-225A)]

RIN 2137-AD07

Hazardous Materials: Safety Standards for Preventing and

Mitigating Unintentional Releases During the Unloading of Cargo Tank

Motor Vehicles in Liquefied Compressed Gas Service

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of establishment of advisory committee for negotiated

rulemaking and notice of first meeting.

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SUMMARY: RSPA announces the establishment of an advisory committee to

develop recommendations for alternative safety standards for preventing

and mitigating unintentional releases of hazardous materials during the

unloading of cargo tank motor vehicles in liquefied compressed gas

service. The Committee will develop and adopt its recommendations

through negotiation. The Committee is composed of persons who represent

the interests affected by the proposed rule, such as businesses that

transport and deliver propane, anhydrous ammonia, and other liquefied

compressed gases; manufacturers of DOT specification MC 330 and MC 331

cargo tank motor vehicles used to transport liquefied compressed gases;

state and local public safety and emergency response agencies; and the

federal Department of Transportation. This notice also announces the

time and place of the first advisory committee meeting. The public is

invited to attend; an opportunity for members of the public to make

oral presentations will be provided if time permits.

DATES: The first meeting of the advisory committee will be from 9:30

a.m. to 4:00 p.m. on Tuesday, July 28, 1998 and will continue from 9:30

a.m. to 4:00 p.m. on Wednesday, July 29, 1998.

ADDRESSES: The first meeting of the advisory committee will take place

at the Department of Transportation, Room 2230, 400 Seventh Street,

S.W., Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Jennifer Karim, 202-366-8553, Office

of Hazardous Materials Standards, Research and Special Programs

Administration, Department of Transportation; or Nancy Machado, 202-

366-4400, Office of the Chief Counsel, Research and Special Programs

Administration, U.S. Department of Transportation. Facilitator: Philip

J. Harter, The Mediation Consortium, 202-887-1033.

SUPPLEMENTARY INFORMATION:

I. Background

On June 4, 1998, RSPA published a notice of intent to establish an

advisory committee (Committee) for a negotiated rulemaking to develop

recommendations for alternative safety standards for preventing and

mitigating unintentional releases of hazardous materials during the

unloading of cargo tank motor vehicles (CTMVs) in liquefied compressed

gas service. The notice requested comment on membership, the interests

affected by the rulemaking, the issues the Committee should address,

and the procedures it should follow. The reader is referred to the June

4 notice (63 FR 30572) for further information on these issues.

RSPA received 19 written comments on the notice of intent. In

addition, 43 people participated in a public meeting in Washington,

D.C., on June 23-24, 1998. All endorsed the negotiated rulemaking

process. Based on this response, and for the reasons stated in the

notice of intent, RSPA has determined that establishing an advisory

committee on this subject is appropriate and in the public interest. In

accordance with the Federal Advisory Committee Act (FACA; 5 U.S.C. App.

I sec. 9(c)), RSPA prepared a Charter for the Establishment of a

Negotiated Rulemaking Advisory Committee. RSPA intends to file the

charter within fifteen (15) days from the date of this publication.

II. Membership

A total of 29 individuals were nominated or applied for membership

to the Negotiated Rulemaking Committee either through written comments

or at the June 23-24 public meeting.

In considering requests for representation on the Committee, the

task before RSPA was to decide whether the requesters represent

interests significantly affected by the proposed rulemaking. As

identified in the notice of intent, in addition to the Department of

Transportation (DOT), these interests are: the National Propane Gas

Association (NPGA); The Fertilizer Institute (TFI); National Tank Truck

Carriers, Inc. (NTTC); the National Fire Protection Association (NFPA);

small businesses that transport and deliver propane, anhydrous ammonia,

and other liquefied compressed gases; large businesses that transport

and deliver propane, anhydrous ammonia, and other liquefied compressed

gases; manufacturers of DOT MC 330 and MC 331 specification CTMVs used

to transport liquefied compressed gases; state safety regulatory

agencies; state safety enforcement agencies; and state/local emergency

response and fire services agencies.

In response to comments, RSPA has modified the list of interests to

add the Compressed Gas Association to represent the interest of

companies that produce and use liquefied compressed gases other than

propane and anhydrous ammonia, such as oxygen and nitrogen. In

addition, to accommodate the separate interests of large and small

companies that may be affected by the rulemaking and the separate

interests of companies that transport propane versus anhydrous ammonia,

RSPA has identified as distinct interests small propane distribution

companies, large propane distribution companies, small anhydrous

ammonia distribution companies, and large anhydrous ammonia

distribution companies. Finally, RSPA believes that the interests of

companies that manufacture so-called ``bobtail'' CTMVs (most commonly

defined as truck-mounted tanks having a capacity under 3,500 gallons)

differ sufficiently from the interests of companies that manufacture

``transport'' CTMVs (most commonly defined as semi-trailers or full

trailers having a capacity greater than 3,500 gallons) as to justify

separate representation on the Committee.

In the notice of intent, RSPA requested comments on how best to

include manufacturers of cargo tank components, such as internal self-

closing stop valves, pumps, meters, and other components of emergency

discharge control systems and remote shut-off systems. RSPA believes

that component manufacturers have technical expertise that would be

valuable to the Committee's deliberations. As noted in the notice of

intent, the convener's report examined several options for integrating

component manufacturers into the negotiated rulemaking process. The

convener recommended that they participate as members of work groups

that the Committee may establish to gather information and develop

proposals for specific issues related to the rulemaking, but not as

members of the Committee itself.

Many commenters support the recommendation of the convener's report

and oppose inclusion of component manufacturers on the Committee

because these manufacturers may have a vested interest in

[[Page 38457]]

developing a solution that includes their equipment. However, other

commenters believe that component manufacturers should be members of

the Committee because they will be significantly affected by any

rulemaking that results from the Committee's deliberations. RSPA agrees

with these commenters and believes that technology interests, such as

manufacturers of internal self-closing stop valves, hoses, remote shut-

off systems, and leak detection sensors and monitors, should be

included on the Committee. Thus, RSPA has modified the list of

interests that will be represented to include a technology interest.

Following is the list of Committee members, identified by interest.

Members are encouraged to designate alternates who can serve in place

of the member if necessary. As noted in the notice of intent, the

Committee will make its decisions through a process of negotiation

leading to consensus. ``Consensus'' means the unanimous concurrence

among the interests represented on the Committee, unless the Committee

explicitly adopts a different definition. Where two representatives are

identified, RSPA expects that they will act together to represent the

interest's views and perspectives in the negotiations.

For the interest identified as ``Cargo Tank Manufacturers--

Bobtail,'' RSPA has requested that the three individuals identified

below consult with each other to determine how their interest will be

represented on the Committee. Similarly, for the interest identified as

``Technology,'' RSPA has asked the three identified individuals to

consult with each other to determine how the technology interest will

be represented on the Committee.

1. Department of Transportation

Edward Mazzullo, Research and Special Programs Administration

2. National Propane Gas Association

Charles Revere, Revere Gas and Appliance

3. The Fertilizer Institute

Charles Rosas, Farmland Industries

4. National Tank Truck Carriers

Clifford Harvison

5. Compressed Gas Association

Ronald McGrath

6. National Fire Protection Association

Theodore Lemhoff

7. Propane Distribution--Small

Mike Gorham, Northwest Gas, and Lin Johnson, Lin's Propane

8. Propane Distribution--Large

Russell Rupp, Suburban Propane, and Ken Faulhaber, Ferrellgas

9. Anhydrous Ammonia/Dual Use Anhydrous Ammonia-Propane--Small

Charles Whittington, Grammer Industries

10. Anhydrous Ammonia/Dual Use Anhydrous Ammonia-Propane--Large

Jean Trobec, Growmark, and Jim York, National Private Truck Council

11. State Safety Enforcement Agencies

Steve Herman, Cooperative Hazardous Materials Enforcement

Development (COHMED), and Eric Adair, Commercial Vehicle Safety

Alliance (CVSA)

12. State Safety Regulatory Agencies

Vicki O'Neill, Bureau of Liquefied Petroleum Gas Inspections/

Florida Department of Agriculture and Consumer Services, and Ronald

Coleman, California State Fire Marshal

13. State/Local Emergency Response Agencies and Fire Services

Ronald Dykes, International Association of Fire Chiefs

14. Cargo Tank Manufacturers--Transports

Mike Pitts, Mississippi Tank

15. Cargo Tank Manufacturers--Bobtails (one of the following)

David Auxier, Bulk Tank and Transport, or Jerry Kowalski, Arrow

Tank and Engineering, or David Fulbright, White River Distributors

16. Technology (one of the following)

Jim Griffin, Fisher Controls, or David Stainbrook, REGO Valve, or

Bob Lyons, Thermolite, or Todd Coady, Rocket Supply

In addition to those listed above, the following people asked to be

members or were nominated for membership on the Committee: Gary Nelson,

Nevada Propane Board (Nelson); Douglas Buchan (Buchan); Paul Horgan,

California Highway Patrol (Horgan); and Terry Pollard, Nebraska Highway

Patrol (Pollard).

Buchan asked to participate based on his expertise and experience

with the issues that are the subject of the regulatory negotiation;

however, because he does not represent an interest that will be

affected by the rulemaking, he was not selected. Horgan and Pollard

were nominated by a commenter; RSPA agrees that they are well qualified

to represent the interests of state safety enforcement agencies on the

Committee. However, the number of state representatives on the

Committee is necessarily limited. Both Horgan and Pollard have been

invited to participate as alternate members and on working groups that

the Committee may establish to make recommendations on technical

issues. Nelson was nominated by a commenter to represent the interest

of state regulatory agencies. RSPA agrees that state regulatory

agencies should be represented on the Committee. However, RSPA believes

that the Committee should also reflect geographic diversity. Since many

of the members selected are from the western United States, RSPA

decided to select a representative of a state regulatory agency--Bureau

of Liquefied Petroleum Gas Inspections/Florida Department of

Agriculture and Consumer Services--from an eastern state.

Persons not selected as members of the Committee will have ample

opportunities to participate in the negotiated rulemaking process. For

example, RSPA expects that the Committee will establish one or more

technical working groups to offer advice and recommendations on

specific issues. Further, there will be opportunities for non-members

to speak or provide written comments at meetings of the Committee. RSPA

encourages all those who are interested in this rulemaking to take

advantage of these opportunities to assure that the Committee considers

their views.

One commenter recommended that committee membership be determined

on a proportional basis, so that those interests having what they

believe to be the most at stake in the rulemaking would be allotted the

most representatives on the committee. RSPA does not agree and believes

that this comment stems from a fundamental misunderstanding of the

negotiated rulemaking process. A negotiated rulemaking is intended to

be an inclusive process that affords all the interests that will be

significantly affected by a rulemaking an opportunity to contribute to

development of a consensus regulation. Each member of a negotiated

rulemaking committee speaks for the interest he represents and has an

equal voice in the process of negotiating towards consensus. The key to

success for a negotiated rulemaking is to assure that all the interests

that may be affected are represented.

This commenter also suggested that representatives of the propane

industry could also adequately represent companies that transport both

propane and other liquefied compressed gases. RSPA does not agree.

Transportation of anhydrous ammonia in MC 330 and MC 331 CTMVs presents

safety and operational issues that differ from those involved with the

transportation of propane. For this reason, RSPA believes that

companies that transport anhydrous ammonia have an interest in the

negotiated rulemaking that is distinct and separate from the interest

of propane transporters and should, therefore, have separate

representation.

[[Page 38458]]

Similarly, RSPA believes that companies that transport liquefied

compressed gases other than propane and anhydrous ammonia are a

distinct and separate interest and should have separate representation

on the Committee.

Several commenters recommended that a university transportation

institute be included as a member of the Committee and specifically

suggested the Pennsylvania Transportation Institute (PTI). These

commenters believe that a transportation institute could be a valuable

source of unbiased technical information and assistance. RSPA agrees.

However, a transportation institute does not represent an interest that

would be significantly affected by the rulemaking. It would, therefore,

not be appropriate for a transportation institute to participate as a

member of the Committee. RSPA expects that the Committee will gather

information from a variety of sources and will encourage the Committee

to consult with any organizations that can provide relevant data and

technical information.

III. Participation by Non-Members

Meetings of the advisory committee will be open to the public so

that individuals who are not part of the Committee may attend and

observe. Any person attending the Committee meetings may address the

Committee if time permits or file statements with the Committee.

IV. Key Issues for Negotiation

In its notice of intent, RSPA tentatively identified major issues

that should be considered in this negotiated rulemaking and asked for

comment concerning the appropriateness of these issues for

consideration and whether other issues should be added. These issues

were:

A. Prevention of Unintentional Releases

The Committee should examine possible preventive measures to reduce

or eliminate the incidence of unintentional releases during unloading.

For example, some commenters to the Advanced Notice of Proposed

Rulemaking (ANPRM) issued under Docket No. RSPA-97-2718 (HM-225A) [62

FR 44059] on August 18, 1997, have suggested that RSPA adopt a rigorous

hose management system that assures that delivery hoses and lines meet

high standards for quality, strength, and durability, and that requires

periodic examination and testing to assure continued suitability for

use in the transfer of high risk hazardous materials. Advocates of such

a system say that it could significantly reduce the number of unloading

incidents related to failures in hoses or hose assemblies. Similarly,

the Committee should consider whether there are preventive measures,

such as daily inspections or periodic testing, that should be

implemented for other parts of the cargo tank delivery system,

including pumps, valves, and piping.

B. Detection of Unintentional Releases

Preventive measures alone cannot assure the safety of cargo tank

unloading operations. Despite the best efforts of the industry and the

government, incidents will occur, and unintentional releases of high

risk hazardous materials such as propane or anhydrous ammonia will

occur. The Committee thus should consider methods to assure that

unintentional releases can be detected and controlled. One such

detection method is provided by the current regulatory requirement for

continual visual observation of the cargo tank throughout the unloading

process. Alternatives that have been suggested include remote

monitoring and signaling systems, such as sensors, alarms, and

electronic surveillance equipment, or ``patrolling'' whereby the person

attending the unloading operation moves between the storage tank and

the cargo tank to assure that each is monitored periodically throughout

the unloading process.

C. Mitigation of Unintentional Releases

Once a leak has been detected, methods to prevent catastrophic

consequences are critical. A passive system for shutting down unloading

when a leak has been detected operates automatically, that is, without

human intervention. Examples include excess flow valves, which are

intended to close the internal self-closing stop valve if the flow rate

exceeds a threshold level, and thermal links, which are intended to

close the internal self-closing stop valve if the temperature reaches a

threshold level. A remote system provides a means to shut down cargo

tank unloading operations using a mechanical device that is located on

the CTMV but away from the valve(s) that it operates. Many CTMVs have

remote mechanical shut-offs located near the vehicle cab. The remote

shut-off may be manually activated. An off-truck electro-mechanical

remote system includes a portable device that can shut down cargo tank

unloading operations away from the CTMV. In many instances, an off-

truck electro-mechanical remote is manually activated, although some

systems default to the fail-safe mode under certain circumstances. The

Committee should evaluate alternatives with a view towards determining

which methods or combination of methods provide the most cost-effective

means for controlling unintentional releases during cargo tank

unloading operations.

V. Comments on Issues List

In response to the notice of intent, one person submitted comments

on the issues involved in the regulatory negotiation. The commenter

suggested that, in addition to the issues outlined in the notice of

intent, the Committee should consider: (1) Defining an acceptable hose

life and specific inspection pressures for hoses; (2) alternatives to

the current attendance requirements; (3) specific requirements for off-

truck remote systems; and (4) limiting the types of fittings and valves

used directly on cargo tank walls to malleable steel or ductile iron

construction for vessels in propane service. RSPA agrees that the first

three issues should be considered by the Committee and notes that hose

management, monitoring of unloading operations, and off-truck remotes

are all included in the issues list in the notice of intent. However,

RSPA does not agree that the issue of the material used for fittings or

valves located directly on cargo tank walls should be included in the

issues that will be considered by the Committee. This rulemaking is

concerned only with operational issues related to unloading of MC 330

and MC 331 CTMVs and with the components of a CTMV's emergency

discharge system. General issues related to cargo tank design and

construction are more properly the subject of a separate rulemaking.

This recommendation will be considered as part of RSPA's docket HM-213.

VI. Procedure and Schedule

Staff support for the advisory committee will be provided by RSPA

and the facilitator, and meetings will take place in Washington, D.C.,

unless agreed otherwise by the Committee.

Consistent with FACA requirements, the facilitator will prepare

summaries of each Committee meeting. These summaries and all documents

submitted to the Committee will be placed in the public docket for this

rulemaking.

As stated in the Notice of Intent, the Committee's objective is to

prepare a report containing an outline of its recommendations for a

notice of proposed rulemaking with suggestions for specific preamble

and regulatory language based on the Committee's recommendations, as

well as information relevant to a regulatory evaluation and an

evaluation of the impacts of the proposal on small

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businesses. One commenter recommended that the Committee's final

product be a Notice of Proposed Rulemaking (NPRM), with the Committee

reaching consensus on the language of the NPRM and preamble. RSPA

believes that this is a decision that the Committee should make as it

develops ground rules and timetables for its deliberations.

The negotiation process will proceed according to a schedule of

specific dates that the Committee devises at its first meeting on July

28-29, 1998. RSPA will publish notices of future meetings in the

Federal Register. RSPA anticipates that the Committee will meet for up

to five two-day sessions beginning in July 1998. If the Committee

establishes working groups to support its work, additional meetings for

the working groups may be necessary. RSPA expects the Committee to

reach consensus and prepare a report recommending a proposed rule

within six months of the first meeting. RSPA expects to publish an NPRM

based on the Committee's recommendations by February 15, 1999, and a

final rule by May 1, 1999. If unforeseen delays in the anticipated

schedule occur, the Research and Special Programs Administrator may

agree to an extension of time if the consensus of the Committee is that

additional time will result in agreement.

VII. Meeting Agenda

The first meeting of the negotiated rulemaking committee will begin

at 9:30 a.m. on July 28 with consideration of Committee ground rules,

procedures, and calendar. The Committee will then address the specific

issues that should be included in the negotiation and how data to

support its deliberations will be developed. In addition, the Committee

will consider whether to establish working groups to provide technical

support and recommendations for specific aspects of the negotiations.

The first meeting will conclude at 4:00 p.m. on July 29.

Title 41 CFR Sec. 105-54.301 requires that notices of advisory

committee meetings must be published at least 15 calendar days prior to

a meeting. However, that section also permits less than 15 days notice

of a meeting in exceptional circumstances provided that the reasons for

doing so are included in the meeting notice published in the Federal

Register. RSPA determined that an early date for the first meeting was

necessary because the agency timeframe for publication of an NPRM is

very short. The temporary regulation that is an issue in this

rulemaking expires on July 1, 1999. RSPA was unable to provide 15 days'

notice for the first meeting because of delays in contacting potential

committee members to confirm their interest in participating. However,

RSPA indicated in its June 4 notice of intent that the first meeting of

the committee would be scheduled for July 1998. Additionally, RSPA

provided a tentative meeting schedule that included the July 28-29

meeting date at the June 23-24 public meeting. Thus, representatives of

the identified interests were informed of the meeting date well in

advance of the 15 day period. RSPA expects that all Committee members

will be present for this first important meeting.

Issued in Washington, DC on July 14, 1998 under authority

delegated in 49 CFR Part 1.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety, Research and

Special Programs Administration.

[FR Doc. 98-19108 Filed 7-15-98; 8:45 am]

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