Bill Text: MN HF1100 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Boiler inspection provisions modified.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-14 - Introduction and first reading, referred to Commerce and Regulatory Reform [HF1100 Detail]
Download: Minnesota-2011-HF1100-Introduced.html
1.2relating to labor and industry; modifying boiler inspection provisions;amending
1.3Minnesota Statutes 2010, section 326B.958, subdivision 1; proposing coding for
1.4new law in Minnesota Statutes, chapter 326B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 326B.958, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Inspection. (a) Every owner, lessee, or other person having charge
1.9of boilers or pressure vessels subject to inspection under sections326B.956 to
326B.998
1.10shall cause them to be inspected by the department unless specifically excepted by section
1.11326B.988
or
326B.99 . Inspectors shall subject all boilers to a thorough internal and
1.12external examination according to the standards in sections326B.964 and
326B.966 .
1.13(b) Anyone who installs a boiler must ensure that the boiler is inspected by the
1.14department after installation is complete and before the boiler is placed in operation.
1.15Inspection fees pursuant to section326B.986 associated with this initial inspection are
1.16the responsibility of the installer.
1.17(c) The owner of a boiler must ensure that the boiler is inspected at least annually
1.18after the initial inspection, except as provided in sections326B.956 , 326B.959, and
1.19326B.96
.
1.20(d) The owner of a pressure vessel not specifically excepted by section326B.988
1.21must ensure that the pressure vessel is inspected at least every two years.
1.22(e) The fees under section326B.986 for inspections conducted by the department
1.23under paragraphs (c) and (d) shall be the responsibility of the owner of the boiler or
1.24pressure vessel.
2.1 Sec. 2. [326B.959] BIENNIAL INTERNAL BOILER INSPECTIONS FOR
2.2PETROLEUM REFINERIES.
2.3 Subdivision 1. Biennial internal inspection for petroleum refineries. In lieu of the
2.4annual internal inspection of high-pressure steam boilers required by section 326B.958,
2.5high-pressure steam boilers located at petroleum refineries not using a solid fuel may
2.6qualify for biennial internal inspection if the chief boiler inspector has approved a water
2.7treatment program for the boilers. The boilers must still be externally inspected at least
2.8every 12 months by an inspector holding a current certificate of competency. At the time
2.9of the external inspection, the inspector must review the water treatment program and
2.10water treatment log from the previous year. The chief engineer of the refinery must meet
2.11annually with the chief boiler inspector to review the program and water treatment log,
2.12and to discuss any program deficiencies.
2.13 Subd. 2. Water treatment program. (a) To qualify for the biennial internal
2.14inspection described in subdivision 1, the water treatment program must be submitted
2.15to the chief boiler inspector to initiate the biennial inspection cycle. The chief boiler
2.16inspector may approve the program if the following requirements are met:
2.17(1) a complete internal inspection has been performed on the boiler within the 60
2.18days immediately preceding the submission of the water treatment program to the chief
2.19boiler inspector. The inspection results must meet the minimum requirements for internal
2.20boiler conditions as established in Section I of the ASME boiler and pressure vessel code;
2.21(2) the program provides limits or ranges established by the boiler manufacturer and
2.22the water treatment program representative for boiler water:
2.23(i) pH;
2.24(ii) neutralized or unneutralized conductivity;
2.25(iii) oxygen scavenger;
2.26(iv) hydroxyl alkalinity; and
2.27(v) scale inhibitor; and
2.28(3) if condensate return systems are used, the program provides specific limits
2.29or ranges established by the boiler manufacturer and the water treatment program
2.30representative for condensate:
2.31(i) pH; and
2.32(ii) neutralized or unneutralized conductivity.
2.33(b) To continue to qualify for the biennial inspection cycle, the following must occur:
2.34(1) the operating engineer or shift engineer must keep an accurate water treatment
2.35log that includes:
3.1(i) test results for all items identified in paragraph (a), clause (2), in samples of boiler
3.2water taken at regular intervals, not to exceed 12-hour operating intervals;
3.3(ii) test results for dissolved oxygen levels in samples of boiler feedwater, taken at
3.4least once every 24 hours;
3.5(iii) dates and actual times the boiler is out of service;
3.6(iv) all reasons why the boiler was taken out of service; and
3.7(v) any test that shows limits or ranges that are outside of the limits or ranges
3.8established by the water treatment program, and the corrective action taken to return the
3.9water back to the established limit or range;
3.10(2) the water treatment program representative must also test the boiler water every
3.1130 days for the items identified in paragraph (a), clause (2), to ensure operators are
3.12accurately performing the required tests and are maintaining levels within the limits or
3.13ranges established or are making corrections to achieve those limits or ranges. All test
3.14results and corrections performed by the water treatment program representative must
3.15be documented in the water treatment log;
3.16(3) if used, continuous monitoring equipment must be calibrated in accordance
3.17with equipment manufacturers' recommendations and documented in the water treatment
3.18log. Continuous monitoring equipment results shall not be used for water treatment log
3.19entries; and
3.20(4) if used, condensate return systems must be tested for the items identified in
3.21paragraph (a), clause (3), at least every 12 hours. All condensate exceeding these limits
3.22shall not be returned to the boiler. Tests performed on condensate must be recorded in
3.23the water treatment log.
3.24(c) The chief boiler inspector or their representative shall be allowed full access to
3.25all water treatment logs and test results. This documentation must be made available
3.26upon request.
3.27(d) The chief boiler inspector may revoke approval of the water treatment program
3.28and the requirements of section 326B.958 may apply if:
3.29(1) at the time of the scheduled annual external inspection required in subdivision 1,
3.30the inspector determines the water treatment log does not comply with the requirements in
3.31paragraph (b);
3.32(2) at the time of the next scheduled internal inspection, the inspector determines the
3.33boiler does not meet the minimum requirements for internal boiler conditions established
3.34in Section I of the ASME boiler and pressure vessel code; or
3.35(3) the petroleum refinery fails to comply with any of the program provisions found
3.36in subdivision 1 and paragraphs (a) to (c).
4.1(e) Notwithstanding section 326B.93, subdivision 2, the decision of the chief boiler
4.2inspector to deny approval under paragraph (a) or to revoke approval under paragraph (d)
4.3shall be final and shall not be reviewed by any court or agency. If approval of the water
4.4treatment program is revoked under paragraph (d), then the chief boiler inspector shall
4.5not approve a water treatment program for that boiler under paragraph (a) until at least
4.6three years after the revocation.
4.7(f) For purposes of this section, a water treatment log is a bound diary or electronic
4.8file verified and maintained by the chief engineer of the refinery that documents:
4.9(1) what tests were performed on the boiler water or condensate;
4.10(2) who performed tests on the boiler water or condensate;
4.11(3) the date and time that the tests were performed;
4.12(4) the results of the tests; and
4.13(5) any corrective action taken.
1.3Minnesota Statutes 2010, section 326B.958, subdivision 1; proposing coding for
1.4new law in Minnesota Statutes, chapter 326B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 326B.958, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Inspection. (a) Every owner, lessee, or other person having charge
1.9of boilers or pressure vessels subject to inspection under sections
1.12external examination according to the standards in sections
1.13(b) Anyone who installs a boiler must ensure that the boiler is inspected by the
1.14department after installation is complete and before the boiler is placed in operation.
1.15Inspection fees pursuant to section
1.16the responsibility of the installer.
1.17(c) The owner of a boiler must ensure that the boiler is inspected at least annually
1.18after the initial inspection, except as provided in sections
1.20(d) The owner of a pressure vessel not specifically excepted by section
1.22(e) The fees under section
1.23under paragraphs (c) and (d) shall be the responsibility of the owner of the boiler or
1.24pressure vessel.
2.1 Sec. 2. [326B.959] BIENNIAL INTERNAL BOILER INSPECTIONS FOR
2.2PETROLEUM REFINERIES.
2.3 Subdivision 1. Biennial internal inspection for petroleum refineries. In lieu of the
2.4annual internal inspection of high-pressure steam boilers required by section 326B.958,
2.5high-pressure steam boilers located at petroleum refineries not using a solid fuel may
2.6qualify for biennial internal inspection if the chief boiler inspector has approved a water
2.7treatment program for the boilers. The boilers must still be externally inspected at least
2.8every 12 months by an inspector holding a current certificate of competency. At the time
2.9of the external inspection, the inspector must review the water treatment program and
2.10water treatment log from the previous year. The chief engineer of the refinery must meet
2.11annually with the chief boiler inspector to review the program and water treatment log,
2.12and to discuss any program deficiencies.
2.13 Subd. 2. Water treatment program. (a) To qualify for the biennial internal
2.14inspection described in subdivision 1, the water treatment program must be submitted
2.15to the chief boiler inspector to initiate the biennial inspection cycle. The chief boiler
2.16inspector may approve the program if the following requirements are met:
2.17(1) a complete internal inspection has been performed on the boiler within the 60
2.18days immediately preceding the submission of the water treatment program to the chief
2.19boiler inspector. The inspection results must meet the minimum requirements for internal
2.20boiler conditions as established in Section I of the ASME boiler and pressure vessel code;
2.21(2) the program provides limits or ranges established by the boiler manufacturer and
2.22the water treatment program representative for boiler water:
2.23(i) pH;
2.24(ii) neutralized or unneutralized conductivity;
2.25(iii) oxygen scavenger;
2.26(iv) hydroxyl alkalinity; and
2.27(v) scale inhibitor; and
2.28(3) if condensate return systems are used, the program provides specific limits
2.29or ranges established by the boiler manufacturer and the water treatment program
2.30representative for condensate:
2.31(i) pH; and
2.32(ii) neutralized or unneutralized conductivity.
2.33(b) To continue to qualify for the biennial inspection cycle, the following must occur:
2.34(1) the operating engineer or shift engineer must keep an accurate water treatment
2.35log that includes:
3.1(i) test results for all items identified in paragraph (a), clause (2), in samples of boiler
3.2water taken at regular intervals, not to exceed 12-hour operating intervals;
3.3(ii) test results for dissolved oxygen levels in samples of boiler feedwater, taken at
3.4least once every 24 hours;
3.5(iii) dates and actual times the boiler is out of service;
3.6(iv) all reasons why the boiler was taken out of service; and
3.7(v) any test that shows limits or ranges that are outside of the limits or ranges
3.8established by the water treatment program, and the corrective action taken to return the
3.9water back to the established limit or range;
3.10(2) the water treatment program representative must also test the boiler water every
3.1130 days for the items identified in paragraph (a), clause (2), to ensure operators are
3.12accurately performing the required tests and are maintaining levels within the limits or
3.13ranges established or are making corrections to achieve those limits or ranges. All test
3.14results and corrections performed by the water treatment program representative must
3.15be documented in the water treatment log;
3.16(3) if used, continuous monitoring equipment must be calibrated in accordance
3.17with equipment manufacturers' recommendations and documented in the water treatment
3.18log. Continuous monitoring equipment results shall not be used for water treatment log
3.19entries; and
3.20(4) if used, condensate return systems must be tested for the items identified in
3.21paragraph (a), clause (3), at least every 12 hours. All condensate exceeding these limits
3.22shall not be returned to the boiler. Tests performed on condensate must be recorded in
3.23the water treatment log.
3.24(c) The chief boiler inspector or their representative shall be allowed full access to
3.25all water treatment logs and test results. This documentation must be made available
3.26upon request.
3.27(d) The chief boiler inspector may revoke approval of the water treatment program
3.28and the requirements of section 326B.958 may apply if:
3.29(1) at the time of the scheduled annual external inspection required in subdivision 1,
3.30the inspector determines the water treatment log does not comply with the requirements in
3.31paragraph (b);
3.32(2) at the time of the next scheduled internal inspection, the inspector determines the
3.33boiler does not meet the minimum requirements for internal boiler conditions established
3.34in Section I of the ASME boiler and pressure vessel code; or
3.35(3) the petroleum refinery fails to comply with any of the program provisions found
3.36in subdivision 1 and paragraphs (a) to (c).
4.1(e) Notwithstanding section 326B.93, subdivision 2, the decision of the chief boiler
4.2inspector to deny approval under paragraph (a) or to revoke approval under paragraph (d)
4.3shall be final and shall not be reviewed by any court or agency. If approval of the water
4.4treatment program is revoked under paragraph (d), then the chief boiler inspector shall
4.5not approve a water treatment program for that boiler under paragraph (a) until at least
4.6three years after the revocation.
4.7(f) For purposes of this section, a water treatment log is a bound diary or electronic
4.8file verified and maintained by the chief engineer of the refinery that documents:
4.9(1) what tests were performed on the boiler water or condensate;
4.10(2) who performed tests on the boiler water or condensate;
4.11(3) the date and time that the tests were performed;
4.12(4) the results of the tests; and
4.13(5) any corrective action taken.
