Blue Rhino Corporation — Hazardous Materials Safety Interpretation

Page 1- of Transportation U.S. Department NOV 2 4 2003 Washington, D.C. 20590 400 Seventh St., S.W. Research and Administration Special Programs Mr. Richard J. Arthur Ref No.: 03-0285 Director of Regulatory Compliance Blue Rhino Corporation 104 Cambridge Plaza Drive Winston-Salem, NC 27104 Dear Mr. Arthur: This is in response to your letters dated November 3, 2003, regarding transportation of cylinders containing a residue of propane under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Section 173.29(b)(2)(ii) requires that a cylinder be sufficiently cleaned of residue and purged of vapor to remove any potential hazard to be considered as not regulated under the HMR. The methods and limits used for determining what qualifies as a "cleaned and purged" under the HMR are intentionally not defined because they vary greatly depending on the properties of the particular hazardous material and type of packaging. In the case of propane, other variables such as purge medium, temperature conditions and cylinder volume are also factors. We would consider a propane cylinder to be sufficiently cleaned and purged when the vapors in the cylinder are no longer capable of sustaining combustion. If cylinders have been cleaned and purged of residue, as provided by § 173.29(b)(2)(ii), they are not subject to any requirements of the HMR. When cylinders are transported as non-regulated, the DOT markings and labels on the cylinders must be removed or covered, or the cylinders must be transported in a manner that the packaging is not visible as prescribed in § 173.29(b)(1). If the cylinders are not purged, they remain subject to the requirements in the HMR. However, as provided by § 173.29(c), such cylinders are not subject to requirements for placarding and shipping papers when collected and transported by a contract or private carrier for reconditioning or reuse. I hope this information is helpful. Please contact us if you require additional assistance Sincerely, Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173.29 030285#

Page 2Blue Blue Rhino Corporation Rhino 104 Cambridge Plaza Drive 800.258.7466 P 336.659.6900 Spark Something Fur Winston-Salem, NC 27104 November 3, 2003 Relerford § 113.29 Office of Hazardous Materials Standards ATTN: DHM -10 ** #tap: 0028 Empty Packagings Washington, DC 20590-0001, M: 023. 03-8285 I am requesting an interpretation of 49 CFR 173:29 that has conduct our business. This request is an appeal'on the interpretation offered by e-mail on stong ramifications on how we November 3, 2003. (Copy ençlosed): sug breto Be ya lp 38'000 egg cr Blue Rhino Corporation and its network of distributors aré in the propane cylinder exchange awaiting sale or exchange. Consumers bring in expended cylinders to exchange. Our company business. We transport carefully prepared cylinders to retail locations where they are stored cylinders are filled and transported, and in the education of consumers. We annually exchange has made a significant improvement to the quality of cylinders in use, the level of care in which over: 12;000,000 cylinders in 48istates and Puerto Rico through 28,000 retail outlets set thé standard for communication to consumers with our product label. We are proud of our For our nine-year history we'have abided by ali placard and laber requirements and in fact have compliance record in this area. Our distributor, in New England was recently cited by a state policeman for failing to mark all returned expended cylinders with a 1075 label. We believe this citation, while well intentioned, is an excessive application of the rule for these reasons: 1. Our expended cylinders travel directly back to the production facility in placarded vehicles to 2. They are not removed from the vehicle prior to arrival at the production facility. be inspected, reconditioned, and refilled. 3. propane cylinders. These loads never include other items or other hazardous materials. We While in transit, cylinders are in a vehicle that is used 'exclusively for transporting 20-pound 4. The majority of these cylinders still have our labeling on them, clearly establishing them as only deal with placards stating "1075". propane cylinders. Many others carry labels from other exchange companies that also 5. It could be fairly said that the proposed labels, if applied, would spend their entire life cycle of identify them as propane cylinders. 24-72 hours hidden from view. The idea of applying labels solely to transport them in a closed and placarded vehicle not mixed will be marked as propane cylinders is an unnecessary and wasteful practice. There is no with any other cargo or HAZMAT in an environment where the majority of identical DOT cylinders time can there be any doubt about the contents of our vehicles. additional protection for the public by requiring these expended cylinders to be so marked. At no We ask for an interpretation of, this rule that will allow us to continue our current and heretofore perfectly safe practice without undue cost or burden to our distributors. We would appreciate a reply by mid-November to accommodate the date for response to the citation. Respectfully, Director of Regulatory Compliance#