{"operation":"document","citation":"03-0158","title":"Pillsbury Winthrop — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-10","effective_on":null,"summary":"03-0158 response to Pillsbury Winthrop concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0158.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0158.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0158","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030158.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.G. 20590\nResearch and\nSpecial Programs\nAdministratior\nJUL 1O 2003\nMr. David M. Hernandez\nSenior Associate\nPillsbury Winthrop\nReference No. 03-0158\n1133 Connecticut Avenue, NW\nWashington, DC 20036\nDear Mr. Hernandez:\nThis responds to your June 24, 2003 letter requesting a clarification, on behalf of Texaco Ovonic\nHydrogen Systems, L.L.C., on the applicability of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) to a motor vehicle powered by hydrogen contained in a metal hydride\nstorage system. Specifically, you inquired whether your client's motor vehicle when transported\nby highway is excepted from all requirements of the HMR as provided in § 173.220(e)(1).\nwithin the exceptions provided in § 173.220(b)(2) and (d)(1). Therefore, when the fuel system is\nThe answer is yes. The fuel system, the metal hydride storage system containing hydrogen, falls\nsecurely installed and closed during transportation, the motor vehicle is not subject to any other\nrequirements of the HMR as provided in paragraph (e)(1).\nI hope this satisfies your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nDirector, Office of Hazardous\nEdward T. Mazzullo\nMaterials Standards\n173.220\n030158\n\n<<<PAGE 2>>>\n\nPILLSBURY WINTHROP uP\n1133 CONNECTICUT AVENUE NW WASHINGTON, DC 20036 202.775.9800 F: 202.833.8491\nJune 24, 2003\nDavid M. Herandez\nSenior Associate\n202.775.9824\nVia Certified Mail - Return Receipt Requested\ndhernandez@pillsburywinthrop.com\nEdward T. Mazzullo\nOffice of Hazardous Materials Standards, DHM-10\nDirector\nRoom 8422\n400 7th Street, SW\nWashington, DC 20590-0001\nRe:\nShipment of Self-Propelled Hydrogen/Metal Powered Vehicle\nUnder 49 C.F.R. 173.220.\nDear Mr. Mazzullo:\nTexaco Ovonic Hydrogen Systems, L.L: C. (\"Texaco Ovonic\") will be offering for\nhydrogen contained in a metal hydride storage system.\ntransport, aboard an automobile transport truck or trailer, a motor vehicle powered by\nBased upon our review of Section 173.220 of the Hazardous Materials\nTransportation Regulations, we believe that the metal hydride storage system falls within\nthe exception provided in subsection (d)(1) for \"other hazardous materials.\" It is our\nrequirements of the regulations as provided in subsection (e)(1) of that regulation, and by\nview, theretore, that the shipment of the motor vehicle is not subject to any other\nthis letter are requesting your concurrence in the correctness of this determination.\nWe are aware that staff in your office is familiar with the metal hydride storage\nsystem, and have determined that, notwithstanding the presence of other substances in the\nvessel, these storage systems should be classified on the basis of the hazards of the\narticle, hydrogen. See Comments of the U.S. expert on Agenda Item 4(b)(ii)(2002)\n(enclosed). In this regard, the vehicles would present a hazard in transportation no\ndifferent than one provided by compressed hydrogen which is authorized to be\ntransported by Section 173.220, including the exception provided in subsection (e)(1).\nTo meet a scheduled vehicle demonstration program, we hope to move the vehicle\nby the end of this month. Therefore, your concurrence with our determination at the\nearliest possible time would be greatly appreciated.\n160256841v2\n\n<<<PAGE 3>>>\n\nPILLSBURY WINTHROPur\nJune 24, 2003\nPage 2\n(202) 775-9824.\nIf you have any questions or request additional information, please contact me at\nVery truly yours,\nEnclosure (1)\nCC:\nDr. Charles H. Ke\nOffice of Hazardous Materials Technology\nRoom 8430\nReaction Materials, DHM-21.1\n400 7\" Street, S.W.\nWashington, DC 20590-0001\n160256841V2\n\n<<<PAGE 4>>>\n\nUN/SCETDG/22/INF.22\nCOMMITTEE OF EXPERTS ON THE TRANSPORT OF\nDANGEROUS GOODS AND ON THE GLOBALLY\nHARMONIZED SYSTEM OF CLASSIFICATION\nAND LABELLING OF CHEMICALS\nSub-Committee of Experts on the\nNEW PROPOSALS\nHydrogen in a Metal Hvaride Svstem\nComments on ST/SG/AC.10/C.3/2002/83\nTransmitted bv the expert from the United States of America\n1.\nST/SG/AC. 10/C.3/2002/83 to adopt a new entry for \"Hydrogen In A Metal Hydride Storage\nThe expert from the United States of America supports the expert from Canada's proposal in\nSystem\". Adoption of an entry in the Model Regulations for Hydrogen/Meral Hydride Storage\nthese articles in commerce. While we ivelcome the Canadian proposal, it is the opinion of the United\nSystems will facilitate the transport of these systems especially considering the rapid introduction of\nunnecessary assignment of sub-risks for hydrogen/metal hydride storage systems. We expressed our\nStates thar adoption of the proposed Special Provision CCC will lead to inconsistent and\nreservation on this point at the twenty-first session of the Sub-committee meeting in July, 2002, and\nentry and adequately addresses the hazards of such a system. We do nor agree that it is necessary or\nafter further review. maintain our position that a Division 2.I classification is sufficient for this new\nappropriate to require a Class 4 subsidiary risk for this new entry. Our view is supported by the\n2.\nThe text of the proposed Special Provision CCC will create difficulties and confusion for consignors\nand will lead to inconsistent assignment of subsidiary risks for these hydrogen/metal hydride storage\nsystems. If SP CCC is adopted consignors will be required to determine the state and composition\nof the hydridable metal alloys for hydrogen storage in order to apply the appropriate subsidiary risk.\npressure in the storage system as well as the amount of hydrogen absorbed within the alloy. The\nThis will be difficult because the state and composition of the hydridable metal depends on the\nmetal alloys wilt change based on whether it is in the in the activated, non-hydrided state or the\namount of hydrogen absorbed will change during the use of the system and the hazard posed by the\nthese metal alloys in the state in which they will be offered for transport. Adoption of SP CCC will\nhydrided state. Furthermore. the UN tests and criteria for Class 4 substances can not be applied to\nalso require consignors of used systems to reassess the hazards to determine if the sub-risk has\npurged or cleaned storage system to ship that system (basically is metals in a container) under SAAA\nchanged before offering the systems for transport. Since CCC requires persons who transport a\nwith a primary hazard assignment of Division 2.1 and a subsidiary risk assignment of Div. 4.1 or 4.2\nor 4.3 consignors will need to asses every system prior to transport to determine the appropriate\nhazard classificacion.\n\n<<<PAGE 5>>>\n\nUN/SCETDG/22/INF.22.\npage 2\n3.\nIn actuality, if the materials are removed from the containment and suddenly exposed, they will\nthis real-life situation, the rapid release of hydrogen would cool the marerial and slow the oxidation\nrelease hydrogen as designed, revert to the non-hydrided state and undergo oxidation. However in\nprocess. In this case, the oxidation would most likely be slow enough to prevent the possible ignition\nof nearby combustible materials. The material within the storage system will not behave the same as\nother Division 4.2 substances when exposed due to the dehydriding reaction that will occur. In tests\ncanisters rapidly vented hydrogen and cooled sufficiently to form ice on the vessel surface. The\nconducted in the Uniced States, in which storage systems with hydrided material were ruptured. the\ncooling and ice formation slowed the hydrogen release and no effects from the oxidation of the alloy\nfor requiring the subsidiary risks that would be required according to the proposed SP CCC. Since\nwere observed. On this basis, the hazards posed by the metal alloys do not seem to justify the need\noverpressure of hydrogen, the classification process will most likely be applied inconsistently and\nthe test and criteria for Class 4 merals can't be applied to a metal alloy that is subject to an\nwill lead to confusion for consignors as well as compliance inspectors. The expert from the United\narticle as opposed to classificacion on the basis of each of the substances contained. For these\nScates believes that the classification of these storage systems should be based on the hazards of the\nreasons stated above, we do not support the adoption of SP CCC as proposed in -C.3/2002/83.\nProposal\n4.\nST/SG/AC. 10/C.3/2002/83 with the exception of SP CCC.\nThe Sub-Committee is requested to adopt the expert from Canada's proposal as indicated in","truncated":false,"body_characters":8519}