Nebraska State Patrol — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S. Department Special Programs Research and NOV 26 2003 400 Seventh St., S.W. Washington, D.C. 20590 Administration Carrier Enforcement Division Bradley A. Wagner, Sergeant Ref. No. 03-0033 P.O. Box 94907 Nebraska State Patrol Lincoln, Nebraska 68509-4907 Dear Sergeant Wagner, This responds to your February 12, 2003, letter requesting clarification on § 173.29 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the shipment of cylinders previously containing pharmaceutical grade oxygen. We apologize for the delay and hope it has not caused you any inconvenience. Specifically, you ask to what extent these empty oxygen cylinders must be purged (see 173.29(b)(2)(ii) to be excepted from the HMR. Oxygen is a Division 2.2 non-flammable gas and as such is only subject to the regulations when the pressure in the cylinder equals or exceeds 280 kPa (40.6 psia) at 20° C (see § 173.115(b)(1)). Therefore, under § 173.29(b)(2)(ii), a Division 2.2 non-flammable gas, other than ammonia, anhydrous, and with no subsidiary hazard, at an absolute pressure less than 280 kPa (40.6 psia) is not subject to the HMR. For cylinders containing oxygen and other Division 2.2 non-flammable gases, if the pressure in the cylinder is 280 kPa (40.6 psia) or greater, the material is subject to all applicable HMR requirements. For a partially emptied cylinder containing a Division 2.2 non- or greater, regardless of the quantity of gas remaining in the cylinder. flammable gas, the cylinder is fully regulated if the pressure in the cylinder is 280 kPa (40.6 psia) The HMR define "residue" to mean the hazardous material remaining in a packaging after its contents have been unloaded to the maximum extent possible. "Unloaded to the maximum extent possible" means that the hazardous material has ceased to flow out of the packaging's unloading transported in the same manner as when they previously held a greater quantity of the material, device. Generally, empty packagings containing a residue of a hazardous material must be unless the packagings are sufficiently cleaned and purged of vapors to remove any potential hazards, or are refilled with a material that is not subject to the HMR. However, in accordance with § 173.29(c), a non-bulk packaging containing only the residue of a hazardous material 030033 113.29#

Page 2covered by Table 2 of § 172.504 when collected and transported by a contract or private carrier requirements. for reconditioning, remanufacture or reuse is excepted from the shipping paper and placarding I hope this answers your inquiry. Sincerely, Shoe Drif Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3FEB 12 'Ø3 18:20AM NSP-ISO/CARR. ENF. 4024713295 P.2 STATE OF NEBRASKA Boothe NEBRASKA STATE PATROL $173-29(c) Colonel Tom Nesblt: P.O. Box 94907 Superintenden: Empty Packaging *LIncoln. Nebraska 68509-4907 Phone (402) 471-4545 Mike Johans 03-8033 Governor February 12, 2003 Mr. Edward T: Mazzullo Director, Office of Hazardous Materials Safety US DOT/RSPA (DHM-10) 4007* Street S.W. Washington D.C. 20590 Dear Mr. Mazzullo: The Nebraska State Patrol is requesting clarification concerning the transportation of compressed gases in cylinders. My questions concern pharmaceutical grade oxygen specifically and 2.2 gases generally. Is a cylinder, of pharmaceutical grade oxygen, approximately 18 to 24 inches in height and 4 inches in diameter, made of aluminum, charged to 500 psig considered empty? If the consumer considers the cylinder "empty," or at a pressure they no longer consider usable, does it fall under the exception provided in 49 CFR 173.29(c) regardless of the pressure? Is a cylinder with 500 psig of pharmaceutical grade oxygen considered to be a residue? If it is considered a residue, would it fall under 49 CFR 173.29 (c) and not be required to be manifested on the shipping paper when collected and transported by a, private carrier for reuse (i.e., refilling)? May, a private carrier consider 150 pound cylinders of 2.1 or 2.2 gases, having a pressure of 2000 psi, being returned for refilling, as a residue when only 500 psi has been used ? If so, would the carries have to include those cylinders when determining the applicability of the placarding and shipping paper requirements? In 49 CFR 171.8 under the definition of residue please clarify RSPA's meaning of "maximum extent" in the phrase "unloaded to the maximum extent practicable"? Title 49 CFR 173.29 (b)(2)(iv)(B) gives a threshold of 40.6 psia, for a division 2.2 gas to be considered empty for excepting these packagings from Subchapter C of Title 49 if they also conform to various other provisions. Does this mean that 40.6 psia is no longer hazardous? Is it correct to say that 40.6 psia is an acceptable level for excepting only the 2.2 gasses and not a 2.1? AN INTERNATTONALLY ACCREDITED LAW ENFORCEMENT AGENCY An Equal Opportunty/Afirmatius Action Employsr#

Page 4FEB 12 'Ø3 10:20AM NSP-ISO/CARR.ENF. 4024713295 P.3 Page 2 Edward T. Mazzullo February 12, 2003 Thank you for your time and attention in this matter. If you have any questions please feel free to contact me at (402) 471-0105. Sincerely, Blatagre Hazardous Materials Coordinator Carries Enforcement Division cc: Captain Jim Doggett.#