[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 <a href="/cdn-cgi/l/email-protection#5f302f2c713c3032323a312b2c1f2d2c2f3e713b302b71383029"><span class="__cf_email__" data-cfemail="472837346924282a2a2229333407353437266923283369202831">[email protected]</span></a>. 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: 
<a href="/cdn-cgi/l/email-protection#d6b7bab4b3a4a2f8b1b7a4b8b3a2a296a4a5a6b7f8b2b9a2f8b1b9a0"><span class="__cf_email__" data-cfemail="9efff2fcfbeceab0f9ffecf0fbeaeadeecedeeffb0faf1eab0f9f1e8">[email protected]</span></a> 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:
    <bullet> 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).
    <bullet> 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.
    <bullet> 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:
    <bullet> Standard, Specification or Code--An operator would be 
expected to comply with the provisions as though they were printed in 
full in Part 195.
    <bullet> 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.
    <bullet> 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 <SUP>1</SUP> 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 
m<SUP>3</SUP>) 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


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