[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27903-27911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13579]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 195
[Docket No. RSPA-97-2095; Notice 1]
RIN 2137-AC11
Pipeline Safety: Adoption of Industry Standards for Breakout
Tanks
AGENCY: Research and Special Programs Administration (RSPA),DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed rule would incorporate industry consensus
standards for aboveground storage tanks into the regulations for the
transportation of hazardous liquids by pipelines. This action would
upgrade the pipeline safety regulations for breakout tanks to the level
of the industry standards currently applicable to other steel petroleum
tanks at tank farms and refineries throughout the United States. The
proposed incorporation of these industry published standards would
ensure the safety of breakout tanks used in the transportation of
petroleum, petroleum products or anhydrous ammonia.
DATES: RSPA invites interested persons to submit comments by July 20,
1998. Late filed comments will be considered as far as practicable.
ADDRESSES: All commenters should identify the docket number as RSPA-97-
2095 and the subject heading as ``Pipeline Safety: Adoption of Industry
Standards for Breakout Tanks.'' Written comments should be mailed or
delivered to the Docket Facility, U.S. Department of Transportation,
Room #PL-401, 400 Seventh Street, SW, Washington, DC 20590-0001. The
original and two copies of the comments should be submitted. Persons
mailing comments and desiring confirmation of their receipt must
include a self-addressed stamped postcard. The Dockets Facility is open
from 10:00 a.m. to 5:00 p.m., Monday through Friday, except on Federal
holidays when the facility is closed. Comments may also be submitted
electronically via e-mail to ops.comments@rspa.dot.gov. Files should be
sent in ASCII or text format.
FOR FURTHER INFORMATION CONTACT: Albert C. Garnett, Office of Pipeline
Safety (OPS), telephone: (202) 366-2036, FAX: (202) 366-4566, e-mail:
albert.garnett@rspa.dot.gov regarding the subject matter of this
notice; or the Docket Facility, telephone (800) 647-5527 regarding
copies of this notice or other material in the docket.
Comments that have been scanned into the docket may be accessed
electronically and read at http://dms.dot.gov. General information
about the RSPA/Office of Pipeline Safety programs can be obtained by
accessing OPS's internet homepage at http://ops.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Definition and Regulation of Breakout Tanks
In 49 CFR Sec. 195.2 a breakout tank is defined as a tank used to:
(a) relieve surges in a hazardous liquid pipeline system; or (b)
receive and store hazardous liquid transported by a pipeline for
reinjection and continued transportation by pipeline. Hazardous liquids
are defined in 195.2 as: petroleum, petroleum products, or anhydrous
ammonia.
Breakout tanks are designed, constructed, operated, and maintained
to the same industry standards as other storage tanks throughout the
petroleum industry. Consequently, breakout tanks are indistinguishable
from other storage tanks that may be located at the same pipeline
terminal. They are simply tanks that the operator has assigned to
breakout tank functions.
These steel storage tanks are constructed in various
configurations, sizes, and material properties to safely contain the
liquids and their volatility at the design temperature(s) and
pressure(s). Most breakout tanks are aboveground vertical cylindrical
tanks that are classified as either atmospheric
[[Page 27904]]
tanks or low-pressure tanks. However, liquefied petroleum gas (LPG) may
be stored at high-pressures in aboveground tanks with configurations
that are more similar to that of ASME Code pressure vessels.
Atmospheric Storage Tanks
Atmospheric storage tanks are those designed to operate their vapor
spaces at internal pressures that are approximately atmospheric (vapor
pressures not exceeding 2.5 psig). Atmospheric storage tanks are used
for commodities such as: crude oil, heavy oils, gas oils, furnace oils,
naphtha, gasoline, and nonvolatile chemicals. The roofs of atmospheric
storage tanks may take various forms.
An atmospheric cone-roof tank has roof plates that are supported by
internal rafters, purlins, columns, and by the top of the cylindrical
tank shell. An atmospheric umbrella-roof tank has roof plates formed
from curved segments that are completely supported by the top of the
cylindrical tank shell. When such fixed roof tanks are fitted with an
internal floating roof, the breathing and filling losses are minimized
by the elimination of the vapor space above the stored liquid.
Another type of atmospheric tank uses an external floating roof
that is also designed to minimize the breathing and filling losses by
the elimination of the vapor space above the stored liquid.
Occasionally, such an ``open-top'' external floating-roof tank is
retrofitted with an aluminum roof that is supported at the top of the
cylindrical tank shell. This aluminum fixed roof shields the (former
external) floating-roof and the stored hazardous liquid from the
adverse effects of severe rainfalls and snowfalls.
Low-Pressure Storage Tanks
Low-pressure tanks are those designed to operate their vapor spaces
at internal pressures above 2.5 psig, but not exceeding 15 psig. Low
pressure storage tanks are used for commodities such as: light crude
oils, some gasoline blending stocks, light naphtha, pentane, and some
highly volatile liquids.
There are several designs to withstand the vapor pressure that may
develop in low-pressure tanks. Tanks without a device or means to
change the internal volume (i.e., vary the vapor space above the stored
liquid) have hemispherical, spheroidal, and noded spheroidal
configurations to contain the stored liquid and vapor pressure. Other
roof designs accommodate the vapor pressure by providing a variable
vapor space above the stored liquid. Such tanks are described as
breather-roofs, balloon-roofs, and vapor-dome roofs.
High-Pressure Tanks
Breakout tanks used to contain pressures of at least 15 psig are
designed in accordance with the ASME Boiler and Pressure Vessel Code,
Pressure Vessels, Section VIII, Division 1 and 2. Such pressure tanks
with spherical or cylindrical (horizontal) configurations are often
used to store highly volatile liquids such as liquefied petroleum gas
(LPG). LPG includes propane, propylene, butanes (normal butane and
isobutane), and butylenes. Because of their configuration, tanks that
store LPG are commonly described as ``spheres'' and ``bullets''.
Number of Breakout Tanks
There are at least 9,000 breakout tanks in the United States. This
estimate is based on the results of an ``Aboveground Storage Tank
Survey'' conducted for the American Petroleum Institute (API) that were
presented in an April 1989 report. In that 1989 report, an estimated
9,197 breakout tanks were calculated to have a total capacity of
556,183,000 barrels. Approximately, 18% were over 100,000 barrels
capacity and 71% were estimated to have been constructed since 1948.
Breakout Tank Accident Reporting
Section 195.50 ``Reporting accidents.'' sets out the requirements,
including the threshold limits, for accidents to pipelines (includes
accidents to breakout tanks) that are to be reported to RSPA by the
operator.
Need To Adopt Industry Standards
The failure of a storage tank not associated with pipeline
transportation provided much of the incentive to improve industry
standards for aboveground steel storage tanks. On January 2, 1988, at a
barge terminal in Florefee, Pennsylvania, a newly recommissioned 120
ft. diameter by 48 ft. high storage tank suddenly collapsed and
released 3.9 million gallons of diesel oil. Although the earthen dike
contained most of the diesel oil, an estimated 750,000 gallons were
spilled into the Monongahela River and eventually flowed into the Ohio
River. Recovery was estimated at 27.3%.
The publicity and costly consequences of this failure caused
widespread concern about the safety of all aboveground storage tanks.
Responding to the aftermath of this event, petroleum industry engineers
instituted a review of the various industry published standards
applicable to aboveground storage tanks. These reviews resulted in
considerable updating of existing standards and the development of
several new standards by the American Petroleum Institute.
In the 10-year period from 1987-1996, operators of breakout tanks
reported 152 accidents to RSPA. These accidents caused no deaths; three
injuries to pipeline personnel; $12,422,894 of property damage; and
153,972 barrels to be spilled (of which 39,087 barrels were not
recovered). The three injuries occurred as a result of explosions. The
causes were reported as: 25 leaks in the tank floor; 30 incorrect
operations; 8 outside forces; and 26 malfunctions of control or relief
equipment. The remaining 63 were related to problems with floating roof
water drain lines, lightning, and miscellaneous other causes.
The pipeline safety regulations have not been revised to reflect
the updating and development of new industry standards for aboveground
steel storage tanks. Instead, they remain very limited in scope and too
general to address many safety-related aspects. For example, in
``Subpart C--Design Requirements'', the design of breakout tanks is set
out in a single sentence in Sec. 195.132, which reads: ``Each
aboveground breakout tank must be designed to withstand the internal
pressure produced by the hazardous liquid to be stored therein and any
anticipated external loads.'' This fails to spell out several critical
engineering subjects, such as materials, design, fabrication, erection,
methods of inspecting joints, welding procedure and welder
qualifications, and marking. Moreover, there is no mention of other
important topics including foundations, external floating roofs,
seismic design, aluminum dome roofs, internal floating roofs, undertank
leak detection and subgrade protection, and requirements for operating
at elevated temperatures. These topics are covered in detail in API
Standard 650--``Welded Steel Tanks for Oil Storage.'' In the pipeline
safety regulations for hazardous liquids, similar insufficiencies for
breakout tanks exist in ``Subpart D-Construction'', ``Subpart E-
Pressure Testing,'' and ``Subpart F-Operation and Maintenance.''
Consequently, RSPA recognizes the need to update the safety
regulations for breakout tanks. The most appropriate means of updating
is the incorporation by reference into Part 195 of selected industry
consensus standards. They are widely understood and have been
extensively implemented by the operators of breakout tanks.
[[Page 27905]]
Recommendations by Texas Transportation Institute
To obtain professional assistance in the selection of the industry
standards to be incorporated into the regulations for breakout tanks,
RSPA contracted with the Texas Transportation Institute (TTI) for
engineering support services. TTI is associated with Texas A&M
University at College Station, Texas. TTI's findings are contained in
their report titled--``Engineering Support Services For The Office Of
Pipeline Safety (Task 1) July 1997.''
TTI conducted a review of industry publications relating to the
aboveground steel storage tanks commonly used at petroleum pipeline
terminals. TTI engineers also visited 16 petroleum pipeline terminals
in six states. The terminals selected were geographically dispersed in
an effort to observe a sampling of the breakout tanks in the contiguous
48 states. The terminals were located in Newark, NJ; Baton Rouge, LA;
Tulsa, OK; Houston, Colorado City, Kermit, and McCamey, TX; Long Beach,
Morro Bay, Bakersfield and Concord, CA; and Superior, WI.
The 411 storage tanks observed at the 16 terminals had a storage
capacity of 47 million barrels. Along with their site-specific
observations, the TTI engineers noted that the majority of these
breakout tanks were built before 1950 [apparently, these 411 tanks were
constructed earlier than the estimated average age of the 9,147 tanks
reported under the heading ``Number of Breakout Tanks'' (above)] and
that all tanks built before 1936 were riveted. They also reported that
the general condition and appearance of the tanks was excellent.
Based on their literature review, discussions with terminal
personnel, and personal observations of the breakout tanks, the TTI
engineers recommended the incorporation by reference into 49 CFR Part
195 of six API Standards, four API Recommended Practices, and NAPA 30,
a Code published by the National Fire Protection Association. RSPA
sought the input of storage tank professionals representing the API on
these findings.
Pre-Notice Consultation
RSPA provided its stakeholders (i.e. operators of breakout tanks,
the petroleum industry and the general public) the opportunity to
provide early input on RSPA's intent to incorporate industry standards
for storage tanks through a series of meetings:
On January 29, 1997, in New Orleans, LA, at a public
meeting attended by representatives of both the pipeline industry and
environmental interests (public and government), a representative of
OPS presented the need for updating the breakout tank regulations and
announced the industry standards being considered for adoption into 49
CFR Part 195. (Notice of Public Hearing; Response Plans for Onshore Oil
Pipelines) (62 FR 2989; January 21, 1997).
On April 9, 1997, in San Diego, CA, at the 62nd API Spring
Refining Meeting, a representative of OPS advised fellow members of the
API Subcommittee on Pressure Vessels and Tanks of RSPA's plans to adopt
certain API aboveground tank standards and portions of NFPA 30.
On May 7, 1997, in Washington, DC, at its semi-annual
meeting, a representative of OPS made a similar presentation to the
Technical Hazardous Liquid Pipeline Safety Standards Committee and to
others at the open meeting (Meetings of Pipeline Safety Advisory
Committees) (62 FR 16212; April 4, 1997).
Consensus Standards Proposed To Be Incorporated By Reference
RSPA proposes to incorporate nine of the eleven TTI
recommendations. Not proposed for adoption is API Standard 2015--``Safe
Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing
Tank Entry from Decommissioning Through Recommissioning''. Tank
cleaning is not covered under the pipeline safety regulations. The
potential hazards to personnel and the environment associated with tank
cleaning are covered under regulations issued by the Occupational
Health and Safety Administration (OSHA) and the Environmental
Protection Agency (EPA).
Also, not proposed for adoption is API Standard 2610--``Design,
Construction, Operation, Maintenance, and Inspection of Terminal & Tank
Facilities''. This standard is a compilation of industry knowledge,
information, and management practices for all relevant aspects of
terminal and tank operations aggregated into an overview document. It
was prepared to be an indexing standard and references some 145
documents that were prepared and published by a myriad of federal and
other national and international organizations. Consequently, API
Standard 2610 is too complex for inclusion in this rulemaking.
In addition to the nine TTI documents selected, RSPA proposes to
incorporate three additional documents: API Specification 12F--
``Specification for Shop Welded Tanks for Storage of Production
Liquids''; API Publication 2026--``Safe Descent Onto Floating Roofs of
Tanks in Petroleum Service''; and API Standard 2510--``Design and
Construction of LPG Installations.''
Section 195.3(c) currently lists the full title and edition of 18
publications incorporated by reference in Part 195. Now, this notice
would incorporate an additional five API Standards, one API
Specification, four API Recommended Practices, one API Publication, and
portions of NAPA 30.
API Standards, Specifications, Recommended Practices, Publications and
NAPA 30
In the preamble of this notice the term ``standard(s)'' has been
used generically to describe certain industry consensus documents
developed for aboveground steel petroleum storage tanks. More
specifically, the API standards selected for incorporation by reference
have been classified by API as Standards, Specifications, Recommended
Practices, and Publications. Similarly, NFPA 30 has been classified by
the NFPA as a Code. RSPA understands that these classifications have
been chosen to indicate the varying levels of prescriptiveness intended
by the publishers.
This proposal attempts to follow the intended level of
prescriptiveness between these Standards, Specifications, Codes,
Recommended Practices, and Publications. However, this proposal
provides clarification necessary for incorporation into Federal rules.
Accordingly, for this rulemaking, operators of breakout tanks would be
expected to comply with these industry classifications as follows:
Standard, Specification or Code--An operator would be
expected to comply with the provisions as though they were printed in
full in Part 195.
Recommended Practice--An operator would be expected to
follow the provisions unless the operator notes in the procedural
manual the reasons why compliance with all or certain provisions is not
necessary for the safety of a particular breakout tank or tanks.
Publication--These provisions provide guidelines, safety
practices and precautions for the operator's review and consideration
for inclusion in the procedural manual.
[[Page 27906]]
Documents 1 To Be Incorporated by Reference
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\1\ The descriptions of these documents are excerpted from
material in the introductory paragraphs and other parts and
appendices of the listed documents. They do not summarize all the
provisions in these documents.
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1. API SPECIFICATION 12F--Specification for Shop Welded Tanks for
Storage of Production Liquids, Eleventh Edition, November 1, 1994.
This specification covers materials, design, fabrication, and
testing requirements for aboveground shop-fabricated vertical,
cylindrical, closed top, welded steel breakout tanks for nominal
capacities of 90 to 750 barrels and internal pressures that are
approximately atmospheric.
This specification is designed to provide tanks for use in the
storage of crude petroleum and other liquids commonly handled and
stored by the oil production segment of the industry.
[However, these storage tanks are occasionally located on crude oil
pipeline systems and a few are known to be breakout tanks.]
This specification contains Appendices A through F. Appendix A
discusses tank bolting. Appendix B discusses normal venting. Appendix C
discusses emergency venting. Appendix D discusses walkways, stairways
and ladders. Appendix E discusses details of purchase order with the
manufacturer. Appendix F discusses the use of the API Monogram.
2. API STANDARD 620--Design and Construction of Large, Welded, Low-
Pressure Storage Tanks, Ninth Edition, February 1996 (Including Addenda
1 and 2)
This standard covers materials, design, fabrication, inspection and
testing, marking and pressure- and vacuum-relieving devices for large,
welded, low pressure carbon steel aboveground storage tanks (including
flat-bottom tanks) that have wall shapes that can be generated by a
contour around a single vertical axis of revolution. This standard is
applicable to tanks that are intended to: (a) hold or store liquids
with gases or vapors above their surface; or (b) hold or store gases or
vapors alone.
The tanks described in this standard are designed for metal
temperatures not greater than 250 deg.F and with pressures in their gas
or vapor spaces not more than 15 psig. This standard is applicable to
tanks installed in areas where the lowest recorded one-day mean
atmospheric temperature is -50 deg.F. [Although tanks designed to this
standard are more commonly found in other petroleum facilities, a few
are located on pipeline systems and known to be breakout tanks.]
The standard contains Appendices A through R. Appendix A discusses
definitions. Appendix B discusses use of materials not identified with
listed specifications. Appendix C discusses suggested practice
regarding foundations. Appendix D discusses suggested practice
regarding supporting structures. Appendix E discusses suggested
practice regarding attached structures (internal & external). Appendix
F discusses examples illustrating application of rules to various
design problems. Appendix G discusses considerations regarding
corrosion allowance and hydrogen-induced cracking. Appendix H discusses
recommended practice for use of preheat, post-heat, and stress relief.
Appendix I discusses suggested practice for peening. Appendix J
discusses technical inquiries. Appendix K discusses the suggested
practice for determining the relieving capacity required. Appendix L
discusses seismic design. Appendix M discusses recommended scope of
manufacturer's report. Appendix N discusses installation of pressure-
relieving devices. Appendix O discusses suggested practice regarding
installation of low-pressure tanks. Appendix P is blank and reserved
for future use. Appendix Q discusses low-pressure storage tanks for
liquefied hydrocarbon gases at temperatures between -60 deg.F and
-270 deg.F. Appendix R discusses low-pressure storage tanks for
refrigerated products at temperatures from +40 deg.F to -60 deg.F.
3. API STANDARD 650--Welded Steel Tanks for Oil Storage, Ninth Edition,
May 1993 (Including Addenda 1 through 4)
This standard covers material, design, fabrication, erection
(including inspection, testing & repairs), inspecting joints, welding
procedure and welding qualifications, and marking for vertical,
cylindrical, aboveground, closed- and open-top, welded steel storage
tanks in various sizes and capacities for internal vapor or gas
pressures approximating atmospheric pressure (not greater than 2.5 psig
or not exceeding the weight of the roof plates), except when designed
for tanks subject to seismic loading. This standard applies only to
tanks whose entire bottoms are uniformly supported and to tanks in
nonrefrigerated service that have a maximum operating temperature of
200 deg.F.
This standard contains Appendices A through P and Appendix S.
Appendix A discusses optional design for small tanks. Appendix B
discusses design and construction of foundations. Appendix C discusses
external floating roofs. Appendix D discusses submission of technical
inquiries. Appendix E discusses seismic design. Appendix F discusses
design for small internal pressures. Appendix G discusses structurally
supported aluminum dome roofs. Appendix H discusses internal floating
roofs. Appendix I discusses undertank leak detection and subgrade
protection. Appendix J discusses complete shop assembly of vertical
tanks not exceeding 20 feet in diameter. Appendix K discusses variable-
design-point method. Appendix L discusses data sheets for purchaser
when ordering and manufacturer when completing construction. Appendix M
discusses requirements for tanks operating at temperatures 200 deg.F to
500 deg.F. Appendix N discusses use of new or unused materials not
completely identified. Appendix O discusses under-bottom connections.
Appendix P discusses allowable external loads on tank shell openings.
Appendix S discusses austenitic stainless steel storage tanks.
4. API RECOMMENDED PRACTICE 651--Cathodic Protection of Aboveground
Petroleum Storage Tanks, Second Edition, Dec. 1997
The purpose of this recommended practice is to present procedures
and practices for achieving effective corrosion control on aboveground
storage tank bottoms through the use of cathodic protection. It
contains provisions for the application of cathodic protection to new
and existing storage tanks. Corrosion control methods based on chemical
control of the environment or the use of protective coatings are not
covered in detail.
The intent is to provide information and guidance specific to
aboveground steel storage tanks in hydrocarbon service. Specific
cathodic protection designs are not provided. Such designs should be
provided by a person thoroughly familiar with cathodic protection
practices.
5. API RECOMMENDED PRACTICE 652--Lining of Aboveground Petroleum
Storage Tank Bottoms, Second Edition, December 1997
This recommended practice presents procedures and practices for
achieving effective corrosion control in aboveground storage tanks by
application of tank bottom linings to both existing and new storage
tanks. In many cases, tank bottom linings have proven to be an
effective method of
[[Page 27907]]
preventing internal corrosion of steel tank bottoms.
The intent of this recommended practice is to provide information
and guidance specific to aboveground steel storage tanks in hydrocarbon
service. It is intended to serve only as a guide and detailed tank
bottom specifications are not included.
6. API STANDARD 653--Tank Inspection, Repair, Alteration, and
Reconstruction, Second Edition, December 1995 (Including Addenda 1 and
2)
This standard covers carbon and low alloy steel tanks built to API
Standard 650 or its predecessor Standard 12C. It provides minimum
requirements for maintaining the integrity of welded or riveted, non-
refrigerated, atmospheric pressure, aboveground storage tanks after
they have been placed in service. It covers the maintenance inspection,
repair, alteration, relocation and reconstruction of such tanks. It
discusses tank evaluation, brittle fracture considerations, inspection,
materials, design considerations for reconstruction, repair and
alteration, dismantling and reconstruction, examination and testing,
marking and record keeping.
The scope is limited to the tank foundation, bottom, shell,
structure, roof, attached appurtenances, and nozzles to the face of the
first flange, first threaded joint, or first welding-end connection.
Many of the design, welding, examination, and material requirements of
API Standard 650 can be applied in the maintenance inspection, rating,
repair, and alteration of in-service tanks. In case of an apparent
conflict between the requirements of API standard 653 and API Standard
650 or its predecessor Standard 12C, this standard shall govern for
tanks that have been placed in service.
This standard employs the principles of API Standard 650. However,
storage tank owners/operators, based on consideration of specific
construction and operating details, may apply this standard to any
steel tank constructed in accordance with a tank specification.
This standard covers the varied conditions which may occur in an
existing tank. When design and construction details are not given, and
are not available in the standard to which the tank was originally
constructed, then details that will provide a level of integrity equal
to the level provided by the current edition of API Standard 650 must
be used.
This standard contains Appendices A through E. Appendix A provides
a table listing past editions of API welded storage tank standards.
Appendix B discusses evaluation of tank bottom settlement. Appendix C
provides sample checklists for internal and external inspection of
tanks. Appendix D provides information and forms relating to the API
Authorized Inspector Certification Program. Appendix E discusses the
procedure for submission of technical inquiries.
7. API STANDARD 2000--Venting Atmospheric and Low-Pressure Storage
Tanks, Fourth Edition, September 1992
This standard covers the normal and emergency venting requirements
for liquid petroleum or petroleum products storage tanks and
aboveground and underground refrigerated storage tanks designed for
operation at pressures from vacuum through 15 psig (1.034 bar gauge).
Discussed in this standard are the causes of overpressure or vacuum,
determination of venting requirements, means of venting, selection,
installation, and maintenance of vents, and testing and marking of
relief devices. Detailed engineering studies of a particular tank and
its operating conditions may indicate that the appropriate venting
capacity for the tank is not the venting capacity estimated in
accordance with this standard. If a tank's operating conditions could
deviate from those used in developing this standard, detailed
engineering studies should be performed.
This standard contains Appendices A through C. Appendix A discusses
thermal venting and oil movement venting. Appendix B discusses the
basis of the emergency venting tables. Appendix C discusses the types
and operating characteristics of vents.
8. API RECOMMENDED PRACTICE 2003--Protection Against Ignitions Arising
out of Static, Lightning, and Stray Currents, Fifth Edition, December
1991
This recommended practice presents the current technology in the
fields of static electricity, lightning, and stray currents applicable
to the prevention of hydrocarbon ignition. The recommendations for
protection are based on research and practical experience in the
petroleum industry. Their use should lead to improved safety practices
and evaluations of existing installations and procedures.
This recommended practice contains Appendices A through D. Appendix
A discusses the fundamentals of static electricity. Appendix B
discusses the measurement and detection of static electricity. Appendix
C is a static ignition questionnaire developed to permit recording and
transmittal of circumstances involved in an ignition from static
electricity. Appendix D is a bibliography supporting restrictions given
in the text.
9. API PUBLICATION 2026--Safe Access/Egress Involving Floating Roofs of
Storage Tanks in Petroleum Service, Second Edition, April 1998
This publication addresses the hazards associated with access/
egress onto open-top, covered open-top and internal floating roofs of
in-service petroleum storage tanks and identifies some of the most
common practices and procedures for safely accomplishing this activity.
This publication is intended primarily for those persons who are
required to perform inspection, service, maintenance or repair
activities that involve descent onto floating roofs of in-service
petroleum tanks.
This publication does not cover general considerations that apply
to climbing onto petroleum storage tanks and other structures,
including, but not limited to: (a) slippery or ice-covered stairways
and walkways, (b) access during electrical storms, and (c) access
during emergency conditions (such as to extinguish a fire or cover
exposed product with foam). This publication may not apply to daily or
routine tasks of tank gaugers and other personnel involved in non-
permit confined spaces; however, such persons shall be trained and
shall be made aware of the potential hazards described herein.
Preparations and precautions for entering petroleum storage tanks
that have been removed from service for cleaning are covered in API
Standard 2015.
10. API RECOMMENDED PRACTICE 2350--Overfill Protection for Storage
Tanks in Petroleum Facilities, Second Edition, Jan. 1996
Preventing petroleum storage tanks from being overfilled is an
important safety and environmental concern. The safe operation of a
petroleum storage facility is dependent upon the receipt of product
into the intended storage tank within its defined capacity. Aboveground
storage tank overfills can be effectively reduced by developing and
implementing practical and safe operating procedures for storage
facilities and by providing for careful selection of equipment,
scheduled maintenance programs, and employee training.
Recognizing the need for flexibility, this recommended practice
covers both manual procedures and automatic
[[Page 27908]]
systems that can be used to protect against overfills.
This recommended practice contains Appendices A through C. Appendix
A discusses overfill protection system installation. Appendix B
discusses determination of tank capacity and product levels. Appendix C
discusses overfill protection equipment.
11. API STANDARD 2510--Design and Construction of LPG Installations,
Seventh Edition, May 1995.
This standard is written to cover the design, construction, and
location of liquefied petroleum gas (LPG) installations at pipeline
terminals, tank farms, and at other facilities specified in the
standard. The standard is written for LPG tanks with pressures in their
gas or vapor spaces greater than 15 psig.
However, for the purposes of this rulemaking only the sections
relating to: the design and construction of LPG tanks; spill
containment; tank foundations and supports; and tank accessories
including pressure-and vacuum-relieving devices, are proposed for
incorporation by reference into Part 195.
This standard is not intended to apply to the design, construction,
or relocation of frozen earth pits, underground storage caverns or
wells, underground or mounded storage tanks, and aboveground concrete
storage tanks. Moreover, this standard also is not intended to apply to
the following installations:
a. Those covered by API Standard 2508--``Design and Construction of
Ethane and Ethylene Installations at Marine and Pipeline Terminals,
Natural Gas Processing Plants, Refineries, Petrochemical Plants, and
Tank Farms''. [API lists this standard as Out-of-Print.]
b. Those covered by NFPA 58--``Storage and Handling of Liquefied
Petroleum Gases'; and NFPA 59--``Storage and Handling of Liquefied
Petroleum Gases at Utility Gas Plants''.
c. U.S. Department of Transportation (DOT) containers.
d. Gas utility company facilities; refinery equipment; gas
processing equipment; and transfer systems from process equipment
before LPG storage.
e. Tanks with less than 2,000 gallons of storage capacity.
This standard contains Appendix A. Appendix A discusses Piping,
Valves, Fittings, and Optional Equipment.
12. NFPA 30--Flammable and Combustible Liquids Code, 1996 Edition.
NFPA Code 30 applies to the storage, handling and use of flammable
liquids and combustible liquids. Such liquids are defined and
classified in Chapter 1 ``General Provisions''. In Section 1-7.3.1
``Flammable Liquids'', liquids are classified as ``Class I liquids'' by
laboratory procedures that determine their closed-cup flash point and
their Reid vapor pressure. In Section 1-7.3.1 such ``Class I liquids''
may be further classified as Class IA liquids, Class IB liquids, or
Class IC liquids.
In Chapter 2 ``Tank Storage'', Section 2-3.4.3 applies to
impounding around tanks by diking. In this section the impounded
liquids are identified as ``Class I liquids''. Although the great
majority of hazardous liquids stored in breakout tanks are ``Class I
liquids'', that term is not used in part 195. Therefore, for the
purposes of adopting Section 2-3.4.3 into part 195, the term ``Class I
liquids'' must be replaced by ``hazardous liquids'.
Section 2-3.4.3 Impounding Around Tanks by Diking
Describes the protection of adjoining property or waterways by
diking around aboveground storage tanks.
Section 2-3.4.2 Remote Impounding
Describes the protection of adjoining property or waterways by
drainage to a remote impounding area, so that the impounded liquid will
not be held against the aboveground storage tanks.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
The Department of Transportation (DOT) does not consider this
action to be a significant regulatory action under Section 3(f) of
Executive Order 12866 (58 FR 51735; October 4, 1993) and was not
reviewed by the Office of Management and Budget. DOT does not consider
this action significant under DOT's regulatory policies and procedures
(44 FR 11034; February 26, 1979).
This NPRM would amend the regulations for breakout tanks to include
the incorporation by reference of certain of the latest industry
published standards for aboveground storage tanks. The adoption of
industry standards is consistent with the President's goal of
regulatory reinvention and improvement of customer service to the
American people. There is minimal or no cost for operators of breakout
tanks to comply with this rule because these consensus standards have
been developed and implemented by industry organizations to ensure the
safety of aboveground petroleum storage tanks.
The proposed standards for steel storage tanks were specifically
developed by the API. API is the major petroleum industry trade
organization and many of its members are operators of petroleum
pipelines with tank farms. Additionally, the proposed standard for
secondary containment is taken from an NFPA code that is a widely used
industry standard for the design of diking (containment by impounding)
for aboveground storage tanks. The NFPA is an association with a
membership of more than 67,000 individuals and over 100 national trade
and professional organizations. Its mission is to reduce the burden of
fire on the quality of life by advocating scientifically based
consensus codes and standards, research, and education for fire and
safety issues.
The operators of breakout tanks storing hazardous liquids are very
familiar with these API storage tank and NFPA diking standards because
they have been extensively implemented at pipeline terminals throughout
the United States. Conversations with an industry storage tank
organization representing medium and smaller operators of breakout
tanks confirm that most of their members are already complying with the
proposed tank standards. Because the economic impact of this proposal
is minimal, the incorporation by reference of these industry published
standards does not warrant preparation of a Regulatory Evaluation.
For several years, OMB Circular A-119, ``Federal Participation in
the Development and Use of Voluntary Standards'', encouraged, but did
not require, agencies to participate in consensus standards bodies and
to adopt voluntary consensus standards whenever possible. The National
Technology Transfer and Advancement Act of 1995 (NTTAA, Pub. L. 104-
113) codified and expanded the participation and reporting requirement
of OMB Circular A-119. Federal agencies and departments are now
required to use technical standards that are developed and adopted by
voluntary consensus bodies, where practicable. RSPA's proposed adoption
of the API and NFPA standards for petroleum storage tanks meets the
goals and requirements set forth in both OMB Circular A-119 and NTTAA.
B. Regulatory Flexibility Act
As discussed above, RSPA is proposing the incorporation of
consensus standards that were developed and published by authoritative
organizations associated with the petroleum industry. Consequently,
these safety standards are well known and have been
[[Page 27909]]
implemented by operators of aboveground storage tanks at hazardous
liquid pipeline terminals throughout the United States. RSPA has had
conversations with an operators' association representing these tank
farms and with other persons and those parties do not expect this
proposal to have a significant economic impact on the smaller operators
of breakout tanks. Nonetheless, RSPA is particularly interested in
receiving comments from any small business operators believing
otherwise.
Moreover, in the event that some operators of breakout tanks have
not yet implemented all the safety-related items in these industry
developed standards, the regulations proposed in this notice would
allow operators 18 months for compliance after the date of publication
the final rule.
Therefore, based on the facts available which indicate the
anticipated minimal impact of this rulemaking action, I certify,
pursuant to Section 605 of the Regulatory Flexibility Act (5 U.S.C.
605), that this rulemaking action will not have a significant economic
impact on a substantial number of small entities.
C. Federal Assessment
The proposed rulemaking action would not have substantial direct
effects on states, on the relationship between the federal government
and the states, or on the distribution of power and responsibilities
among the various levels of government. Therefore, in accordance with
the Executive Order 12612 (52 FR 41685; Oct. 30, 1987), RSPA has
determined that the action does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
D. Unfunded Mandates
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
over $100 million or more to either state, local, or tribal
governments, in the aggregate, or to the private sector, and is the
least burdensome alternative that achieves the objective of the rule.
E. Paperwork Reduction Act
The proposed API Standard 653 includes sample checklists, provided
for the operators periodic inspection of welded or riveted, non-
refrigerated, atmospheric pressure, aboveground steel storage tanks.
The checklists identify the tank components and auxiliary items that
should be considered for inspection and provides blank spaces for
insertion of the inspection date and notation of the inspector's
comments (if any). The use of the checklists improves the effectiveness
and minimizes the paperwork burden associated with the existing
inspection requirements in 49 CFR Section 195.432. This API standard
has been published for several years and during that time it has been
available to all operators of petroleum storage tanks (i.e. refinery,
marketing, production and pipeline).
For the API Recommended Practices referred to in this rulemaking,
it is stated that the operator would be expected to follow the
provisions unless the operator notes in the procedural manual the
reasons why compliance with all or certain provisions is not necessary
for the safety of a particular breakout tank or tanks. Each operator's
procedural manual already requires the inclusion and updating of
similar safety-related procedures and practices, so that such
annotation is consistent with the long standing function of the
procedural manual. Moreover, most operators already follow the API
Recommended Practices that are proposed for adoption and would not need
to make such an annotation in the procedural manual.
Therefore, there is no additional burden and no paperwork analysis
is required for this proposal.
List of Subjects in 49 CFR Part 195
Carbon dioxide, Incorporation by reference, Hazardous liquids,
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, RSPA proposes to amend Part 195
of title 49 of the Code of Federal Regulations as follows:
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE [AMENDED]
1. The authority citation for Part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
2. Section 195.3 would be amended by adding paragraphs
(b)(7),(c)(2)(iv) through (c)(2)(xiv), and (c)(6) and revising
paragraph (c)(3)(v) to read as follows:
Sec. 195.3 Matter incorporated by reference.
* * * * *
(b) * * *
(7) National Fire Protection Association (NFPA), 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101.
(c) * * *
(2) * * *
(iv) API Specification 12F ``Specification for Shop Welded Tanks
for Storage of Production Liquids'' (Eleventh Edition, November 1,
1994).
(v) API Standard 620 ``Design and Construction of Large, Welded,
Low-Pressure Storage Tanks'' (Ninth Edition, February 1996, Including
Addenda 1 and 2).
(vi) API Standard 650 ``Welded Steel Tanks for Oil Storage'' (Ninth
Edition, February 1996 (Including Addenda 1 through 4).
(vii) API Recommended Practice 651 ``Cathodic Protection of
Aboveground Petroleum Storage Tanks'' (Second Edition, Dec. 1997).
(viii) API Recommended Practice 652 ``Lining of Aboveground
Petroleum Storage Tanks Bottoms'' (Second Edition, December 1997).
(ix) API Standard 653 ``Tank Inspection, Repair, Alteration, and
Reconstruction'' (Second Edition, December 1995 (Including Addenda 1
and 2).
(x) API Standard 2000 ``Venting Atmospheric and Low-Pressure
Storage Tanks'' (Fourth Edition, September 1992).
(xi) API Recommended Practice 2003 ``Protection Against Ignitions
Arising out of Static, Lightning, and Stray Currents' (Fifth Edition,
December 1991).
(xii) API Publication 2026 ``Safe Access/Egress Involving Floating
Roofs of Storage Tanks in Petroleum Service'' (Second Edition, April
1998).
(xiii) API Recommended Practice 2350 ``Overfill Protection for
Storage Tanks In Petroleum Facilities'' (Second Edition, January 1996).
(xiv) API Standard 2510 ``Design and Construction of LPG
Installations'' (Seventh Edition, May 1995).
* * * * *
(3) * * *
(v) ASME Boiler and Pressure Vessel Code, Section VIII ``Pressure
Vessels,'' Division 1 and 2. (1995 edition with 1995 Addenda).
* * * * *
(6) National Fire Protection Association (NFPA):
(i) ANSI/NFPA 30 ``Flammable and Combustible Liquids Code,''
(1996).
(ii) [Reserved]
3. Section 195.132 would be revised to read as follows:
Sec. 195.132 Design and construction of breakout tanks.
(a) Breakout tanks must be designed and constructed to withstand
the internal pressure produced by the hazardous liquid to be stored
therein and any anticipated external loads.
(b) For aboveground breakout tanks first placed in service on or
after [18
[[Page 27910]]
months after date of publication of final rule], compliance with
paragraph (a) of this section requires one of the following:
(1) Shop-fabricated, vertical, cylindrical, closed top, welded
steel tanks with nominal capacities of 90 to 750 barrels (14.3 to 119.2
m3) and internal pressures that are approximately
atmospheric must be designed and constructed in accordance with API
Specification 12F.
(2) Welded, low-pressure (i.e., internal vapor space not greater
than 15 psig (103.4 kPa)), carbon steel tanks that have wall shapes
that can be generated by a single vertical axis of revolution must be
designed and constructed in accordance with API Standard 620.
(3) Vertical, cylindrical, welded steel tanks with pressures
approximating atmospheric pressures (i.e., internal vapor pressures not
greater than 2.5 psig (17.2 kPa), or not greater than the weight of the
roof plates) must be designed and constructed in accordance with API
Standard 650.
(4) High pressure steel tanks (i.e., pressures in their gas or
vapor space greater than 15 psig (103.4 kPa)) with a nominal capacity
of 2000 gallons (7571 liters) or more of liquefied petroleum gas (LPG)
must be designed and constructed in accordance with API Standard 2510.
4. Section 195.205 would be added to read as follows:
Sec. 195.205 Repair, alteration and reconstruction of breakout tanks
that have been in service.
(a) Breakout tanks that have been repaired, altered, or
reconstructed and returned to service must be capable of withstanding
the internal pressure produced by the hazardous liquid to be stored
therein and any anticipated external loads.
(b) On or after [18 months after date of publication of final
rule], compliance with paragraph (a) of this section requires the
following for the aboveground breakout tanks specified:
(1) For atmospheric pressure tanks constructed of carbon and low
alloy steel, welded or riveted, and non-refrigerated and others (such
as those built to API Standard 650 or its predecessor Standard 12C),
repair, alteration, and reconstruction must be in accordance with API
Standard 653.
(2) For tanks built to API Specification 12F, API Standard 620, or
API Standard 2510, the repair, alteration, and reconstruction, must be
in accordance with those respective standards.
5. Section 195.242 would be amended by adding paragraphs (c) and
(d) to read as follows:
Sec. 195.242 Cathodic protection system.
* * * * *
(c) For the bottoms of aboveground breakout tanks, with greater
than 500 barrels (79.5 m\3\) capacity, built to API Specification 12F,
API Standard 620, and others (such as API Standard 650 or its
predecessor Standard 12C), the installation of a cathodic protection
system under paragraph (a) of this section on or after [18 months after
date of publication of final rule] must be in accordance with API
Recommended Practice 651, unless the operator notes in the procedural
manual (Sec. 195.402(c)) why compliance with all or certain provisions
of API Recommended Practice 651 is not necessary for the safety of a
particular breakout tank.
(d) For the internal bottom of aboveground breakout tanks, built to
API Specification 12F, API Standard 620 and others (such as API
Standard 650 or its predecessor Standard 12C), the installation of a
tank bottom lining on or after [18 months after date of publication of
final rule] must be in accordance with API Recommended Practice 652,
unless the operator notes in the procedural manual (Sec. 195.402(c))
why compliance with all or certain provisions of API Recommended
Practice 652 is not necessary for the safety of a particular breakout
tank.
6. Section 195.264 would be revised to read as follows:
Sec. 195.264 Secondary containment, protection against entry, normal/
emergency venting or pressure/vacuum relief for aboveground breakout
tanks.
(a) A means must be provided for containing hazardous liquids in
the event of spillage or failure of an aboveground breakout tank.
(b) On or after [18 months after date of publication of final
rule], compliance with paragraph (a) of this section requires the
following for the aboveground breakout tanks specified:
(1) For tanks built to API Specification 12F, API Standard 620, and
others (such as API Standard 650 or its predecessor Standard 12C), the
installation of secondary containment must be in accordance with the
following sections of NFPA 30:
(i) Secondary containment by impounding around a breakout tank must
be installed in accordance with Section 2-3.4.3 ``Impounding around
Tanks by Diking'', except that ``hazardous liquids'' must be
substituted for the term ``Class I liquids'' wherever that term appears
in Section 2-3.4.3; and
(ii) Secondary containment by drainage to a remote impounding area
must be installed in accordance with Section 2-3.4.2 ``Remote
Impounding.''
(2) For tanks built to API Standard 2510, the installation of
secondary containment must be in accordance with Sections 3 or 9 of API
Standard 2510.
(c) Breakout tank areas must be adequately protected against
unauthorized entry.
(d) Normal/emergency relief venting must be provided for each
atmospheric pressure breakout tank. Pressure/vacuum-relieving devices
must be provided for each low-pressure and high-pressure breakout tank.
(e) For normal/emergency relief venting and pressure/vacuum-
relieving devices installed on aboveground breakout tanks on or after
[18 months after date of publication of final rule], compliance with
paragraph (d) of this section requires the following for the tanks
specified:
(1) Normal/emergency relief venting installed on atmospheric
pressure tanks built to API Specification 12F must be in accordance
with Section 4, and Appendices B and C, of API Specification 12F.
(2) Normal/emergency relief venting installed on atmospheric
pressure tanks (such as those built to API Standard 650 or its
predecessor Standard 12C) must be in accordance with API Standard 2000.
(3) Pressure-relieving and emergency vacuum-relieving devices
installed on low pressure tanks built to API Standard 620 must be in
accordance with Section 7 of API Standard 620 and its references to the
normal and emergency venting requirements in API Standard 2000.
(4) Pressure and vacuum-relieving devices installed on high
pressure tanks built to API Standard 2510 must be in accordance with
Sections 5 or 9 of API Standard 2510.
7. Section 195.305 would be added to read as follows:
Sec. 195.305 Pressure testing breakout tanks.
(a) For breakout tanks built to API Specification 12F and first
placed in service on or after [18 months after date of publication of
final rule], pneumatic testing must be in accordance with Section 5.3
of API Specification 12F.
(b) For breakout tanks built to API Standard 620 and first placed
in service on or after [18 months after date of publication of final
rule], hydrostatic and pneumatic testing must be in accordance with
Section 5.18 of API Standard 620.
(c) For breakout tanks built to API Standard 650 and first placed
in service
[[Page 27911]]
on or after [18 months after date of publication of final rule],
hydrostatic and pneumatic testing must be in accordance with Section
5.3 of API Standard 650.
(d) For atmospheric pressure breakout tanks constructed of carbon
and low alloy steel, welded or riveted, and non-refrigerated and others
(such as those that were built to API Standard 650 or its predecessor
Standard 12C), that are returned to service on or after [18 months
after date of publication of final rule], the necessity for the
hydrostatic testing of repair, alteration, and reconstruction is
covered in Section 10.3 of API Standard 653.
(e) For breakout tanks built to API Standard 2510 and first placed
in service on or after [18 months after date of publication of final
rule], pressure testing must be in accordance with ASME Boiler and
Pressure Vessel Code, Section VIII, Division 1 or 2.
8. Section 195.405 would be added to read as follows:
Sec. 195.405 Protection against ignitions and safe access/egress
involving floating roofs.
(a) Protection provided on or after [18 months after date of
publication of final rule] against ignitions arising out of static
electricity, lightning, and stray currents during operation and
maintenance activities involving aboveground breakout tanks, must be in
accordance with API Recommended Practice 2003, unless the operator
notes in the procedural manual (Sec. 195.402(c)) why compliance with
all or certain provisions of API Recommended Practice 2003 is not
necessary for the safety of a particular breakout tank.
(b) The hazards associated with access/egress onto floating roofs
of in-service breakout tanks to perform inspection, service,
maintenance or repair activities (other than specified general
considerations, specified routine tasks or entering tanks removed from
service for cleaning) are addressed in API Publication 2026. On or
after [18 months after date of publication of final rule] the operator
must review and consider the potentially hazardous conditions, safety
practices and procedures in API Publication 2026 for inclusion in the
procedure manual (Sec. 195.402(c)).
9. Section 195.416 would be amended by adding paragraph (j) to read
as follows:
Sec. 195.416 External corrosion control.
* * * * *
(j) For breakout tanks where corrosion of the tank bottom is
controlled by a cathodic protection system, the cathodic protection
system must be inspected to ensure it is operated and maintained in
accordance with API Recommended Practice 651, unless the operator notes
in the procedure manual (Sec. 195.402(c)) why compliance with all or
certain provisions of API Recommended Practice 651 is not necessary for
the safety of a particular breakout tank.
10. Section 195.428 would be amended by revising the title and by
adding paragraphs (c), (d) and (e) to read as follows:
Sec. 195.428 Overpressure safety devices and overfill protection
systems.
* * * * *
(c) Except as provided in paragraph (d) of this section,
aboveground breakout tanks must have an overfill protection system in
accordance with API Recommended Practice 2350, on or after [18 months
after date of publication of final rule], unless the operator notes in
the procedural manual (Sec. 195.402(c)) why compliance with all or
certain provisions of API Recommended Practice 2350 is not necessary
for the safety of a particular breakout tank. However, API Recommended
Practice 2350 does not apply to tanks with less than 600 gallons (2271
liters) of storage capacity.
(d) Breakout tanks that were built to API Standard 2510 must have
an overfill protection system in accordance with Section 5.1.2 of API
Std. 2510 on or after [18 months after date of publication of final
rule].
(e) The inspection and testing of each overfill protection system
on or after [18 months after date of publication of final rule] must be
in accordance with the requirements for inspection and testing of
pressure control equipment in paragraphs (a) and (b) of this section.
11. Section 195.432 would be revised to read as follows:
Sec. 195.432 Inspection of in service Breakout tanks.
(a) Each operator shall, at intervals not exceeding 15 months, but
at least once each calendar year, inspect each breakout tank (including
atmospheric and pressure tanks).
(b) On or after [18 months after date of publication of final
rule], compliance with paragraph (a) of this section for the inspection
of the breakout tanks specified requires the following:
(1) For tanks that are constructed of carbon and low alloy steel,
welded or riveted, and non-refrigerated (such as atmospheric tanks
built to API Standard 650 or its predecessor Standard 12C), the
integrity inspection must be in accordance with Section 4 of API
Standard 653.
(2) [Reserved].
Issued in Washington, DC on May 15, 1998.
Richard B. Felder,
Associate Administrator for Pipeline Safety.
[FR Doc. 98-13579 Filed 5-20-98; 8:45 am]
BILLING CODE 4910-60-P
