Worthington Cylinder Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Steven T. Gentry Regulatory Affairs Manager Worthington Cylinder Corporation 1 085 Dearborn Drive Columbus, Ohio 43085 Ref. No.: 09-0 1 77 Dear Mr. Gentry: This responds to your letter regarding a previous interpretation on the proof pressure test requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180), as they apply to DOT-4 series cylinders used for refrigerant gas recovery. Specifically, you ask us to rescind a previously issued letter of clarification on this subject (Ref. No. 03-01 64) because it is inconsistent with Transport Canada and industry guidelines. Section 180.209(e) establishes proof pressure test requirements for DOT 4B, 4BA, 4BW, and 4E cylinders used exclusively for certain hazardous materials, including refrigerant gases. The requirements specified in this section apply only to cylinders used to transport the listed materials when they are commercially free of corroding components. Such cylinders may be requalified by volumetric expansion testing every 12 years, or by proof pressure testing every 7 years after expiration of the first 12-year period. You are correct that 5 180.209(e) does not apply to DOT-4 series cylinders used to transport reclaimed refrigerant gases because these gases are considered corrosive due to contamination. The applicable retest period for DOT 4-series cylinders used to transport reclaimed refrigerant gases is every 5 years using the volumetric expansion method. To clarify the confusion and correct this misunderstanding, we are rescinding our previous letter of clarification. Sincerely, Charles E. Betts Chief, Standards Development ffice of Hazardous Materials Standards k.#

Page 2WORTHINCTON C Y L I N D E R S A Worthington industries Company July 3 1,2009 Mr. Edward Mazzullo Director, Hazardous Materials Standards US Department of Transportation PHH- 10 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Dear Mr. Mazzullo: I have been recently advised by customers and industry experts that an interpretation was given by DOT in 2003 which can be considered to be inconsistent with the requirements of Transport Canada and industry guidelines. The interpretation has to do with the requalification criteria for cylinders used to requalify cylinders that may have contained or did contain contaminated or potentially contaminated refrigerant gases. I have attached a copy of interpretation 03-0164 for your review. When North America began the capturing of spent refrigerant gases due to environment concerns, low pressure steel cylinders were determined to be the best tool for both capturing and transporting the materials for disposal and or reclamation. It was known that some of these spent materials will contain hydrochloric acid. The percentage of HCL will vary from system to system based on the degradation of the materials. In as much, I personally worked with the Engineering and Standards groups at DOT, Air Conditioning and Refrigeration Institute and Transport Canada on this subject matter to assure there would be a consistent answer to cylinder requalification requirements. The consistent answer was that the cylinder shall be requalified within 5 years of the date of manufacture and within each 5 years thereafter. In as much, this information was incorporated into CANICSA B-339 and into ARI Guideline K. It was the DOT position that 49 CFR 173.34 was perfectly clear that the cylinder did not contain fluorinated hydrocarbons that were commercially free of corroding components [Ref. 49 CFR 173.34 (e)(13)] nor was the product a pure refrigerant [Ref. 49 CFR 173.34 (e)(l l)]. Therefore, the cylinder would require requalification by the volumetric expansion testing method [Ref. 49 CFR 173.34 (e)]. I believe that although the sections in 49 CFR have been moved to Section 180, the requirements are still intact today. The confusion comes with the verbiage that is used in Interpretation 03-0164. Clearly, I can see that the interpretation states that requalification by the proof pressure test method is permitted for refrigerant gases that are free of corroding components as described in 49 CFR 180.209 (e). The problem lies in the fact that the specific question asks "whether DOT-4 Series cylinders#

Page 3used for refrigerant gas recovery" be requalified by the proof pressure test method. The answer given is yes. The answer that I believe should have been given is no. Recovered gas may not be commercially free of corroding components. This was the position of DOT, TC and ARI in the 1980's and in my opinion, nothing has changed that would modify this position. Until the recovered gas is completely analyzed, it is unknown if the refrigerant is contaminated and therefore must be treated as contaminated refrigerant. Clearly, the proof pressure test will verify the structural integrity of the pressure vessel but, the internal inspection and the volumetric expansion data will validate the potential for interior corrosion and degradation of the cylinder. I am asking that DOT please reconsider the interpretation given since it is creating considerable confusion for retesting organizations, independent inspectors and others dealing with cylinder requalification. If this is not possible, could you please support my request for an interpretation that I will submit to clarify this subject matter? Respectfully Submitted: Steven T. Gentry Regulatory Affairs Manager Worthington Cylinder Corporation Attachments Cc: Mr. Charles Hochman - DOT (PHH-20) Ms. Hattie Mitchell - DOT (PHH-12) Mr. Richard Tarr PhD - DOT (PHH-33) Mr. Pascal Verville - Transport Canada Mr. Stephen Yurek - Air Conditioning, Heating & Refrigeration Institute Mr. Marc Meteyer - The Compressed Gas Association#

Page 4Exhibit 1 DOT Interpretation 03-0164 U.S. Department of Transportation Research one Speclal Programs Administration AUG 1 1 2003 400 Seventh St., s.W. Washlnglon, D.C. 20590 Mr. George Plum USA Services, IIIC. 11 1 1 Ingleside Road P. 0. Box 12103 Norfolk, VA 23502 Ref. NO.: 03-0 164 Dear Mr. Plum: This responds to your letter regarding proof pressure test requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether the proof pressure test prescribed in 5 180.209(e) may be performed on certain DOT-4 series cylinders used for refrigerant gas recovery. The answer is yes. A cylinder made in conformance with specification DOT 4B, 4BA, 4BW, or 4E that is protected externally by a suitable conosion-resistant coating and used exclusively for the materials specified in §180.209(e), which includc reftigerant gases, that are camrnerciaily fke from corroding components may be requalified by volumetric expansion testing every 12 years instead of every five years. As an alternative, the cylinder may be subjected to a proof pressure test at least two times the marked service pres.wre, but this latter type of test must be repeated every scven years after expiratian of the first 12-year period When subjected to a proof pressure test, the cylinder must be carehlly examined under test pressure and removed from service if a leak or defect is found. 1 hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, W&A ~ ? - h Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 5Exhibit 2 CANICSA B-339 C A N A D I A N S T A N D A R D S ASSOCIATION Cylinders, spheres, and tubes for the transportation of dangerous goods#

Page 6Exhibit 3 CANJCSA B-339 Definitions of Reclaimed & Recovered Refrigerants 8339-08 O Canadion Standards Association Macro etch test - an examination for revealing macrostructure that i s performed in accordance with ASTM E340. Mass of a container - the mass of a completed container with all its affixed appurtenances, but excluding its valve(s) and excluding any devices that have to be removed for filling the container. For cylinders with porous filler, the mass of the liller, solvent, and saturation gas is included. Material grade - a type and chemical composition of material from a given supplier, in which variations within the specified limits of the chemical composition have no significant effects on the mechanical properties achieved by the same heat-treatment or resin-curing schedule. Minister - the Minister of Transport for Canada. Neutral - a furnace atmosphere containing no excess of fuel or oxygen. Noncorrosive - chemically and metallurgically compatible with the container such that the pressure-retaining integrity of the container is not adversely affected under the conditions of containment. Nonrefillable container - a container that can be filled only once for the transportation of dangerous goods. Plugged cylinder - a cylinder, the bottom end of which has been spun closed and permanently sealed by a threaded plug. Pressure of contents -the sum of the partial pressures of all the commodities shipped in a single container, less one atmosphere (gauge pressure). Pressure-relief device - a device intended to release the pressure in a container in the event of accidental overpressure or exposure to fire. Product analysis - a chemical analysis of the semi-finished or finished material to determine conformance with the requirements of a specification. Quenching crack - a crack formed in a metal as a result of thermal stresses produced by rapid cooling from a high temperature Rebuilt container - a container subjected to a major repair, including any one or a combination of the following procedures: (a) the repair of a welded pressure-retaining seam, where the repair welds exceed 75 mm in length or are spaced by less than 75 mm between the termination of one weld and the beginning of the next weld; (b) the repair of a welded or brazed attachment joint to a pressure-retaining part involving welds or brazed joints that exceed 75 mm in length or are spaced by less than 75 mm between the termination of one joint and the beginning of the next joint; (c) the replacement of a pressure-retaining component; and (d) for Series-8 cylinders, the replacement of the porous filler. Reclaimed refrigerant gas - used refrigerant gas processed to new product specifications. Recovered refrigerant gas - refrigerant gas, in any condition, removed from a system. Recycled refrigerant gas - used refrigerant gas processed to reduce contaminants by separating oil, removing noncondensables, and reducing moisture, acidily, and particulate matter to the levels specified in the Air-Conditioning and Refrigeration lnstit~tte publication IRC-2, Handling and Reuse of Refrigerants in the United States (1 994). Reducing - a furnace atmosphere containing either an excess of fuel or a deficiency of air or oxygen, such that the air or oxygen i s removed from substances or materials exposed to that atmosphere. March 2008#

Page 7Exhibit 4 CANICSA B-339 Requalification Requirements Clause 24.2.5 O Canadian Standards Associution Cylinders, spheres, and tubes for the trans~ortotion of donoerous ooods with volumetric expansion measurement every 12 years. The container shall be protected externally by a suitable corrosion-resistant coating, such as, but not limited to, paint. Alternatively, the same containers may be proof pressure retested every 7 years. 24.2.5 Containers used for reclaiming, recycling, or recovered refrigerant gases Containers used for reclaimed refrigerant gases shall be requalified in accordance with the applicable basic or alternative requalification procedures and periods specified in Clause 24.2.1. Containers used for recycled or recovered refrigerant gases shall be requalified in accordance with the basic requalification procedures and periods specified in Clause 24.2.1. Recycled and recovered refrigerant gases are considered to be corrosive due to contamination. 24.2.6 TC-3HTM and CTC-3HT cylinders 24.2.6.1 In addition to the visual inspection requirements, TC-3HTM and CTC-3HT cylinders shall be requalified in accordance with CGA C-8 and shall conform with the requirements of Clauses 24.2.6.2 to 24.2.6.5. A cylinder shall not be returned to service if the elastic expansion at retest exceeds the original elastic expansion by more than 5% or tlie rejection elastic expansion limit (REE) marked on the cylinder. 24.2.6.3 A cylinder shall not be requalified at the termination of a 24-year period following the date of the original test or after 4380 pressurizations, whichever occurs first. If a cylinder is refilled more than an average of once every other day, an accurate record of the number of refillings shall be maintained. 24.2.6.4 Retest markings shall be applied by low-stress-type steel stamping to a depth no greater than that of the original marking at tlie time of manufacture. Stamping on the sidewall shall be prohibited. 24.2.6.5 When a cylinder not marked with a rejection elastic expansion (REE) i s retested, it shall be stamped with the REE in millilitres near the existing marked original elastic expansion. The REE for a cylinder shall be 1.05 times its original elastic expansion. 24.2.7 TC-3CCM, TC3FCM, and TC-3HWM cylinders TC-3CCM, TC-3FCM, and TC-3HWM cylinders shall be condemned at the termination of a 15-year period following the date of the original test. 24.2.8 Series-8 cylinders Series-8 cylinders shall be retested and reinspected in accordance with CCA C-13. 24.2.9 Requalification by visual reinspection only 24.2.9.1 The containers identified in Clause 24.2.9.3 and used exclusively for the corresponding services indicated therein may be periodically requalified by external visual reinspection without pressure retesting. Visual reinspections shall be performed in accordance with CGA C-6, C-6.1, or C-6.3, as applicable. March ZOOS#

Page 8Exhibit 5 CANJCSA General Requirements for Requalification Clause 24.2.1 8339-08 O Canodinn Stondords Association 24 Requalification, reheat treatment, repair, and rebuilding 24.1 General 24.1.1 Scope Clause 24 covers the requalification by retesting and reinspection, the reheat treatment, the repair, and the rebuilding of used containers. Notes: (1) The prefix of a spedlicotion designation on a mntainer identifies the regulatory authority responsible at the time the container was manufactured. In Clause 24, on obsolete specification is referenced by o prefix identifying the last regulatory authority under which contoiners of that specification are believed to have been manufactured. The prefix represents also the previous Conadion regulatory authorities or the US regulatory authorities under which contoiners of the some specification may hove been manufacttrred. (2) The prefixes other than "TC" are as follows: (a) CRC: Canadian Railway Commission; (b) BJC: Board of Transport Commissioners for Conado; (c) CTC: Canadian Transport Cammission; (d) ICC: US Interstate Commerce Commission; ond (e) DOT: US Department of Transportation. ( 3 ) Containers bearing the prefix "ICC" or "DOT" ore containers that were manufactured to a US specification. Many such containers hove been in use in Canada for years. In Clause 24, a specification designation preceded by the letters "ICC" or "DOT" identifies a specification that tios never been adopted in Canada. (4) All " JC" specifications include the letter "M". The addition of the letter "M" to a specification indicates a metric specification. Contair~ers to specifications not including the letter "Mu were built using yard-pound units 01 measurement, with service pressure in pounds per square inch. 24.1.2 Requirements The requalification, the repair, and the rebuilding of containers shall be conducted in accordance with CCA C-1, C-3, C-5, C-6, C-6.1, C-6.2, C-6.3, C-8, and C-13. Rejected containers shall be reinspected, retested, reheat-treated, repaired, or rebuilt before being returned to service. Note: Where air or other gases are allowed in testing, proper precautions should be token to protect personnel. 24.2 Requalification 24.2.1 General requirements 24.2.1.1 Each cylinder, sphere, or tube shall be requalified periodically in accordance with the requirements of Clause 24.2 and Table 29, except as provided in Clauses 24.2.1.6 and 24.2.1.7. Table 29 specifies the basic requalification procedures and periods. It also specifies alternative requalification procedures and periods that may be used, depending on service conditions. Alternative requalification methods and periods are referenced to specific clauses for complete descriptions of conditions under which the alternative procedures may be used. 24.2.1.2 Hydrostatic retests with volumetric expansion measurements and proof pressure retests, as required by Table 29, shall be performed in accordance with Clause 4.1 3.1. 24.2.1.3 Containers subject to a hydrostatic retest with volumetric expansion measurement shall also be visually inspected both internally, inasmuch as the size of the orifice(s) permit(s), and externally, in accordance with CCA C-6, C-6.1, C-6.2, or C-6.3. The permanent expansion shall not exceed 10% of the total expansion, except for (a) TC-3ALM cylinders, where it shall not exceed 6%; March 2008#

Page 9Exhibit 6 CAN/CSA B-339 Requalification Table 29 for TC-4BAM and TC-4BWM Cylinders © Canadian Standards Association linders, spheres, and tubes for t insportation of dangerous goo (Continued) Procedure (see Clause 24.2.9.3) Alternative (a), (b), (d), or (e) Alternative (a), (d), Alternative (a), (b), (c), (d), or (e) Alternative (d) or Alternative (d) or or (e) Visual re-inspection (see Clause 24.2.9) years 5 or 10 5 or 10 5 or 10 5 or 10 Procedure Alternative Clause 24.2.4 Aiternative 24.2.4 Proof pressure retest Period, years Table 29 (Continued) In accordance with Basic and Clause 24.2.6 Alternative Clause 24.2.4 Alternative Clause 24.2.4 volumetric expansion measurement Procedure Clause 24.2.3 Basic Basic Basic Basic Basic Basic Basic Hydrostatic retest with Retest not required Period, years 12 |12 Minimum retest pressure 2 SP 1.5 SP 1.5 5P 1.5 SP 1.67 5P 25P 2 SP 2 SP 2 SP Container specification СТС-3В TC-3ЕМ СТС-ЗЕ TC-3FCM TC-3HWM TC-3ССМ ТС-ЗНТМ СТС-ЗНТ TC-4AAM33 CTC-4AA480 ТС-4ВМ, СТС-4В, CTC-4BW, TC-4BM17ET, CTC-4B240ET, CTC-4B240FLW TC-4DM, CTC-4D. TC-4DAM, CTC-4DA. TC-4DSM, CTC-4DS TC-4EM CTC-4E March 2008#

Page 10Exhibit 7 ARI Guideline K, 2004 9#

Page 112004 GUIDELINE for CONTAINERS FOR RECOVERED NON-FLAMMABLE FLUOROCARBON REFRIGERANTS AIR-CONDITIONING & REFRIGERATION INSTITUTE 4100 N. FAIRFAX DR., SUITE. 200 ARLINGTON. VIRGINIA 22203 Exhibit 8 ART. Guideline K Paragraph 7.1.1#

Page 12ARI GUIDELINE K-2004 6.5.1 Each container should display a precautionary label prepared in accordance with ANSI 2129.1. Federal law requires that this label include: product identi~y instructions in case of tire. spill. or leak inaructions in casc of contact or exposure signal word statemen1 of hazards ins~nctions for container handling and stordge antidotes precautionary measures notes to physicians 6.4.2 numerals: Federal law requires that cylinders and d ~ m s be marked as sho\vn bclotv in one-inch (minimum) lencrs and RECOVERED REFRIGERANT -(enter numbcr) Fcderal law requires that this mark appear on thc valve end chime of ton tanks. 6.5.3 Printing on Iabcls should be clear and legible 6.5 (!.$el. I,lfors~ution. Each containcr should bc labeled with the filler's name, address and date filled 6.6 Color Following are examples ofcololing scI1cn:nles for various recovery containers. Depending upon the providerof~c recovcry containcr, thc actual shading of the color may vary. I-lowcvcr. thc use ofthecolor yello\\~asspccificd below \kill identify the container AS a recovery vessel. 6.6.1 Cylinders with non-removable collars: The body should b~ gray. The collar should be yello\v. 6.6.2 Cylinders with removable caps: Thc body should be gray. l'he shoulder and ~ h c cap should be yellow, The drum should bc gray. The top head should be yellow. 6.6.4 Ton Tanks: The hody should be gray. 'The ends and chimes should he yelloa,. Section 7. Filling Procedures IMPORTANT: DO NOT MIX REFRIGERANTS WI-LEN FILLING CONTAINERS 7.1 Cvlinders arm' Ton Tunh. 7.1.1 Per DOTrequiwments; do not fill if the present date is mors than five ycnrs pastthe test datc on the container. Thetest dale will he stamped on the shouldcr orcollar ofcylindersand on the valvecnd chimeorton tanks and appearas follo\\~s: Exhibit 9 ARI Guideline K Continuation of Paragraph 7.1.1#

Page 13ARI GUIDELINE K-2004 Note: This indicates the cylinder was retested in Deccmbcr of2001 by rclestor numbcr Al32. 7.1.2 Cylinders and ton tanks should be continuouslq weighed during filling to ensure user safely. "MAXIMUM GROSS WEIGHT" is indica~ed on the side oi'the cylinder or ton lank and should ncver be rxcccdcd. 7.1.3 Cylinders and con tanks should be clircked for leakage prior Lo shipment. Fcdcral Law requires that leuking cylinders and ton ranks not bc shippcd and he immcdintely ecacuared into acceprahle cylinde1.s or ton tanks 7.2 Drums 7.2.1 Recovered refrigerant R-I I, R-113. or R-123 should be placed into a new drum or a drum that previously contained new refrigerant R- 1 1, R- 1 13, o r R- 123, rcspcctivcly. 7.2.2 I>mtns should be filled ro allotv a vapor space equal to at least 10% of the drum height between [he top ofthe liquid and the bottom o f the drum top. 7.2.3 Drums should be sealed by wrench-tightening the closure devices until the gaskets are firmly seated. 7.2.4 Drums should be checked for lcakase prior to shipment. Federal law requires that leaking drums no1 he shipped and hc immediately transfcrrcd into acceptable containers. Section 8. Transportation 8.1 Local Reg~tiarions. Per Federal regulalions, the shipper o f recovered refrigerant IS rcsponsiblc to dctem~ine i f there is any srate or local regulations rearicting transportation, such as classifying recovered refrigerant and oil mixturcs as hazardous wastes. As of thc datc o f publication hcrcof. thc U.S. Environmental Protection Agency does not classiFy these materials us hazardous M aste. 8.2 Sl7ippplng Pqqers. Per DOT requirements the shipper is required to properly fill out thc shipping papers when returning thc recovered refrigerant. l'he shipping papers alrvays conuin: 8.2.1 The quantity aud type ol'container. 8.2.2 'l'he total gross weight o f recovered refrigerants, Ib I kg]. 8.2.3 For DOT hazardous marerials, thc shipping descriptions always inclutle thc following. in sequence: 'The DOT proper shipping name, Tor csample: Chlorodiiluoromcthnnc Mixturc The DOT hazard class, for example: "2.2" Thc UN identificarion number, for cxample: "GN 1018" 8.2.4 Formaterial notregulated hy DOT as nhwardous material, the words "Not Regulated as a Hazardous Material by DOT" are rscommended.#