CTC Certified Training Co — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and MAY 24 2006 Administration Mr. Darrell K. Garton CTC Certified Training Co. Ref. No. 05-0239 62537 N. Star Dr. Montrose, CO 81401 Dear Mr. Garton: This responds to your letter requesting reconsideration of a previous interpretation (Ref. No. be performed on certain DOT-4 series cylinders used for refrigerant gas recovery. 03-0164) sent to you regarding whether the proof pressure test prescribed in §180.209(e) may the recovery process, you disagree with us that the proof pressure test, authorized as an Because of the possibility that these cylinders are subject to unknown contamination during alternative, is acceptable to be performed on DOT-4 series cylinders used as refrigerant gas recovery cylinders. systems are contaminated, we believe it is the shipper's responsibility to determine it a Although industry practice appears to take the position that all refrigerant gas recovery take advantage of the alternative testing authorized in $180.209(e). There is nothing in the refrigerant gas cylinder is "commercially free from corroding components", and thus can HMR prohibiting such testing, and there is no exception in the HMR to this practice under the circumstances you described. If you wish to add, amend or delete a regulation, you may petition for rulemaking under the requirements in §§ 106.95 and 106.100. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 180,209(e) 050239#

Page 2CTC Certified Training Co. Engrum 3180.209 (e. mail: darrell@ ctoseminars.cor Fax (970)240-814€ Cylinders 05-0239 September 15, 2005 Office of Hazardous Materials Standards 400 7* St. S. W. Ed Mazzullo, Director DHM-10 Washington, D.C. 20590 Subject: Petition for Reconsideration regarding Ref. no. 03-0164 Dear Mr. Mazzullo, regarding the requalification of refrigerant gas recovery cylinders. This petition is to request a reconsideration of the Letter of Interpretation reference number 03-0164, The question is asked whether refrigerant gas recovery cylinders can be proof tested in accordance with 180.209(e). In this Interpretation, Ms. Gorsky says "The answer is yes." I believe this interpretation goes against both industry standard and the original intent of this paragraph. fact, both of these manufacturers of 4B-series cylinders specifically stamp on their refrigerant gas recovery Worthington Industries and Manchester Tank have both stated that they do not endorse this practice. In cylinders a warning that these cylinders must be retested every 5 years. As further evidence of industry practice, please reference Canadian CSA B339, para. 24.2.5: 24.2.5 Containers Used for Reclaiming, Recycling, or Recovering Refrigerant Gases containers used for reclaiming, recycling, or recovering refrigerant gases shall be requalified ir refrigerant gases are considered to be corrosive due to contamination. accordance with the basic requirements of Clause 24.2.1. Reclaimed, recycled, or recovere Thank you for your consideration, Darrell K. Garton 62337 N. Star Dr. CTC Certified Training Co. Montrose, CO 81401#