I believe that this is going to be revisited because the issue of the 6351-T6 has now been absorbed into 49CFR 180.209m. I do not believe that a DOT Requalifier will be allowed to pick and choose what part of the CFR that they agree with and what part they don't want to follow. This would be absurdly foolish and the DOT would loose all control
A test facility that fails a tank has t keep records and those can be viewed by the owner fo the tank. If a tank passed the inspection but was failed and rendered unusuable by the tester, they are going to owe someone a new tank.
At the same time the test facility is required to retain the test records so that in the event the tank fails, the test records can be reviewed by the DOT. If a tank explodes, the DOT will look up the test records and if the tank was properly inspected and passed the test, the test facility is not going to be liable for returning the tank to service. So there is in effect no down side to a test facility doing the test per the CFR's, but there is a downside to them doing one to their own standards.
One can argue that a business can refuse servcie to any customer but that is not always true and can potentially result in civil liability for refusing to test 6351-T6 alloy tanks as their refusal as a DOT approved test facility may result in uneccesary expense to the owner of the tank (who has to ship it elsewhere for testing).
Quite frankly as there are millions of 6351 T-6 tanks still in service in the medical O2, SCBA, Scuba and CO2 service industries, a test facility is very unlikely to refuse to test a 6351-T6 tank as it is a big chunk of their business and they get paid whether it passes or fails.
Dive shops are another matter given that many have what amounts to a very ignorant approach to the whole 6351-T6 alloy issue and also potentially gain in terms of tank sales.
Before anyone says it, believe me, I know how small the markup and profit margins are on tanks, but shops have to stock them to have them available for divers who want to buy one now and do not want to wait while you order one or pay the expense in shipping one or two of them. And once they are in stock they are a time limted item as a hydro date greater than a year old diminsihes their value. The end result is there is still pressure to stock and sell tanks, and owners of 6351-T6 tanks a shop refuses to fill are still an attractive target for a tank sale.
I agree with Rick that the vast majority of failure of 6351-T6 tanks are in the form of leaks, not catastrophic failures. There have in fact been no SLC related catastrophic failures in properly inspected 6351-T6 alloy tank failures since eddy current protocols were implemented. The current DOT regs are based on that and the overwhelming weight of evidence that crack propogation is so slow that it cannot progress from the point where it can be detected to the point of failure in less than 5 years (the requalification interval). The scuba industry standard of an eddy current inspection every year, adds 5 more tests as additional insurance (6 if you count the redudant VIP the tank gets from the dive shop when it comes back from hydro.)
I also agree with Rick that it is inevitable that cracks of some type will show up in a very small percentage of 6061-T6 tanks and that they will begin to occur as some of these tanks now exceed 25 years of age. Unfortunately that will feed the "don't fill any tank older than (pick one) 10, 15, 20 or 25 years of age" hysteria.