NH3 nurse tank permitting changes proposed

Washington-The Pipeline and Hazardous Materials Safety Administration (PHMSA) last week issued a notice of proposed rulemaking (NPRM) in the Federal Register to allow changes to hazardous materials regulations that would modify the special permit process for cargo tanks, and potentially impact anhydrous ammonia nurse tanks. Because they are non-DOT specification containers, nurse tanks currently are not subject to periodic inspections, testing, or requalification requirements, PHMSA said. The hazardous materials rule authorizes the use of nurse tanks operated by private motor carriers exclusively for agricultural purposes, provided the nurse tank has a specific minimum design pressure and meets ASME specifications at the time the nurse tank was manufactured; is equipped with pressure relief valves; has a capacity of 3,000 gallons or less; is loaded to a filling density no greater than 56 percent; and is securely mounted on a farm wagon. PHMSA is proposing to incorporate nurse tanks mounted on field trucks into the hazardous materials regulations, requiring them to be tested and inspected in accordance with the rules’ cargo tanks specifications. Operations would be restricted to rural roads within 50 miles of the distribution site where the nurse tank is loaded. As proposed, the changes would also allow existing nurse tanks with missing or illegible ASME plates that successfully pass the required inspections and tests and are marked with a unique identifier to be authorized and remain in service. PHMSA said the proposed revisions will provide “wider access to the regulatory flexibility offered in the special permits and eliminate the need for numerous renewal requests.” PHMSA said this would reduce paperwork burdens while maintaining an appropriate level of safety. The NPRM kicked off a 30-day public comment period. Comments are due by Aug. 20, 2010, and can be submitted online at http://www.regulations.gov; by fax at 1-202-493-2251; or by mail at Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590. The docket number for the NPRM is PHMSA-2010-0017 (HM-245).