HF 1100

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2011 10:51am

A bill for an act
relating to labor and industry; modifying boiler inspection provisions; amending
Minnesota Statutes 2010, section 326B.958, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 326B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 326B.958, subdivision 1, is amended to
read:

Subdivision 1.

Inspection.

(a) Every owner, lessee, or other person having charge
of boilers or pressure vessels subject to inspection under sections 326B.956 to 326B.998
shall cause them to be inspected by the department unless specifically excepted by section
326B.988 or 326B.99. Inspectors shall subject all boilers to a thorough internal and
external examination according to the standards in sections 326B.964 and 326B.966.

(b) Anyone who installs a boiler must ensure that the boiler is inspected by the
department after installation is complete and before the boiler is placed in operation.
Inspection fees pursuant to section 326B.986 associated with this initial inspection are
the responsibility of the installer.

(c) The owner of a boiler must ensure that the boiler is inspected at least annually
after the initial inspection, except as provided in sections 326B.956 new text begin , 326B.959, new text end and
326B.96.

(d) The owner of a pressure vessel not specifically excepted by section 326B.988
must ensure that the pressure vessel is inspected at least every two years.

(e) The fees under section 326B.986 for inspections conducted by the department
under paragraphs (c) and (d) shall be the responsibility of the owner of the boiler or
pressure vessel.

Sec. 2.

new text begin [326B.959] BIENNIAL INTERNAL BOILER INSPECTIONS FOR
PETROLEUM REFINERIES.
new text end

new text begin Subdivision 1. new text end

new text begin Biennial internal inspection for petroleum refineries. new text end

new text begin In lieu of the
annual internal inspection of high-pressure steam boilers required by section 326B.958,
high-pressure steam boilers located at petroleum refineries not using a solid fuel may
qualify for biennial internal inspection if the chief boiler inspector has approved a water
treatment program for the boilers. The boilers must still be externally inspected at least
every 12 months by an inspector holding a current certificate of competency. At the time
of the external inspection, the inspector must review the water treatment program and
water treatment log from the previous year. The chief engineer of the refinery must meet
annually with the chief boiler inspector to review the program and water treatment log,
and to discuss any program deficiencies.
new text end

new text begin Subd. 2. new text end

new text begin Water treatment program. new text end

new text begin (a) To qualify for the biennial internal
inspection described in subdivision 1, the water treatment program must be submitted
to the chief boiler inspector to initiate the biennial inspection cycle. The chief boiler
inspector may approve the program if the following requirements are met:
new text end

new text begin (1) a complete internal inspection has been performed on the boiler within the 60
days immediately preceding the submission of the water treatment program to the chief
boiler inspector. The inspection results must meet the minimum requirements for internal
boiler conditions as established in Section I of the ASME boiler and pressure vessel code;
new text end

new text begin (2) the program provides limits or ranges established by the boiler manufacturer and
the water treatment program representative for boiler water:
new text end

new text begin (i) pH;
new text end

new text begin (ii) neutralized or unneutralized conductivity;
new text end

new text begin (iii) oxygen scavenger;
new text end

new text begin (iv) hydroxyl alkalinity; and
new text end

new text begin (v) scale inhibitor; and
new text end

new text begin (3) if condensate return systems are used, the program provides specific limits
or ranges established by the boiler manufacturer and the water treatment program
representative for condensate:
new text end

new text begin (i) pH; and
new text end

new text begin (ii) neutralized or unneutralized conductivity.
new text end

new text begin (b) To continue to qualify for the biennial inspection cycle, the following must occur:
new text end

new text begin (1) the operating engineer or shift engineer must keep an accurate water treatment
log that includes:
new text end

new text begin (i) test results for all items identified in paragraph (a), clause (2), in samples of boiler
water taken at regular intervals, not to exceed 12-hour operating intervals;
new text end

new text begin (ii) test results for dissolved oxygen levels in samples of boiler feedwater, taken at
least once every 24 hours;
new text end

new text begin (iii) dates and actual times the boiler is out of service;
new text end

new text begin (iv) all reasons why the boiler was taken out of service; and
new text end

new text begin (v) any test that shows limits or ranges that are outside of the limits or ranges
established by the water treatment program, and the corrective action taken to return the
water back to the established limit or range;
new text end

new text begin (2) the water treatment program representative must also test the boiler water every
30 days for the items identified in paragraph (a), clause (2), to ensure operators are
accurately performing the required tests and are maintaining levels within the limits or
ranges established or are making corrections to achieve those limits or ranges. All test
results and corrections performed by the water treatment program representative must
be documented in the water treatment log;
new text end

new text begin (3) if used, continuous monitoring equipment must be calibrated in accordance
with equipment manufacturers' recommendations and documented in the water treatment
log. Continuous monitoring equipment results shall not be used for water treatment log
entries; and
new text end

new text begin (4) if used, condensate return systems must be tested for the items identified in
paragraph (a), clause (3), at least every 12 hours. All condensate exceeding these limits
shall not be returned to the boiler. Tests performed on condensate must be recorded in
the water treatment log.
new text end

new text begin (c) The chief boiler inspector or their representative shall be allowed full access to
all water treatment logs and test results. This documentation must be made available
upon request.
new text end

new text begin (d) The chief boiler inspector may revoke approval of the water treatment program
and the requirements of section 326B.958 may apply if:
new text end

new text begin (1) at the time of the scheduled annual external inspection required in subdivision 1,
the inspector determines the water treatment log does not comply with the requirements in
paragraph (b);
new text end

new text begin (2) at the time of the next scheduled internal inspection, the inspector determines the
boiler does not meet the minimum requirements for internal boiler conditions established
in Section I of the ASME boiler and pressure vessel code; or
new text end

new text begin (3) the petroleum refinery fails to comply with any of the program provisions found
in subdivision 1 and paragraphs (a) to (c).
new text end

new text begin (e) Notwithstanding section 326B.93, subdivision 2, the decision of the chief boiler
inspector to deny approval under paragraph (a) or to revoke approval under paragraph (d)
shall be final and shall not be reviewed by any court or agency. If approval of the water
treatment program is revoked under paragraph (d), then the chief boiler inspector shall
not approve a water treatment program for that boiler under paragraph (a) until at least
three years after the revocation.
new text end

new text begin (f) For purposes of this section, a water treatment log is a bound diary or electronic
file verified and maintained by the chief engineer of the refinery that documents:
new text end

new text begin (1) what tests were performed on the boiler water or condensate;
new text end

new text begin (2) who performed tests on the boiler water or condensate;
new text end

new text begin (3) the date and time that the tests were performed;
new text end

new text begin (4) the results of the tests; and
new text end

new text begin (5) any corrective action taken.
new text end