{"operation":"document","citation":"09-0177","title":"Worthington Cylinder Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-10-13","effective_on":null,"summary":"09-0177 response to Worthington Cylinder Corporation concerning 180.209.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0177.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0177.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0177","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090177.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation Pipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Steven T. Gentry\nRegulatory Affairs Manager\nWorthington Cylinder Corporation\n1 085 Dearborn Drive\nColumbus, Ohio 43085\nRef. No.: 09-0 1 77\nDear Mr. Gentry:\nThis responds to your letter regarding a previous interpretation on the proof pressure test\nrequirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180), as they\napply to DOT-4 series cylinders used for refrigerant gas recovery. Specifically, you ask us to\nrescind a previously issued letter of clarification on this subject (Ref. No. 03-01 64) because it\nis inconsistent with Transport Canada and industry guidelines.\nSection 180.209(e) establishes proof pressure test requirements for DOT 4B, 4BA, 4BW, and\n4E cylinders used exclusively for certain hazardous materials, including refrigerant gases.\nThe requirements specified in this section apply only to cylinders used to transport the listed\nmaterials when they are commercially free of corroding components. Such cylinders may be\nrequalified by volumetric expansion testing every 12 years, or by proof pressure testing every\n7 years after expiration of the first 12-year period. You are correct that 5 180.209(e) does not\napply to DOT-4 series cylinders used to transport reclaimed refrigerant gases because these\ngases are considered corrosive due to contamination. The applicable retest period for DOT\n4-series cylinders used to transport reclaimed refrigerant gases is every 5 years using the\nvolumetric expansion method.\nTo clarify the confusion and correct this misunderstanding, we are rescinding our previous\nletter of clarification.\nSincerely,\nCharles E. Betts\nChief, Standards Development\nffice of Hazardous Materials Standards k.\n\n<<<PAGE 2>>>\n\nWORTHINCTON\nC Y L I N D E R S\nA Worthington industries Company\nJuly 3 1,2009\nMr. Edward Mazzullo\nDirector, Hazardous Materials Standards\nUS Department of Transportation\nPHH- 10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nI have been recently advised by customers and industry experts that an interpretation was given\nby DOT in 2003 which can be considered to be inconsistent with the requirements of Transport\nCanada and industry guidelines. The interpretation has to do with the requalification criteria for\ncylinders used to requalify cylinders that may have contained or did contain contaminated or\npotentially contaminated refrigerant gases. I have attached a copy of interpretation 03-0164 for\nyour review.\nWhen North America began the capturing of spent refrigerant gases due to environment\nconcerns, low pressure steel cylinders were determined to be the best tool for both capturing and\ntransporting the materials for disposal and or reclamation. It was known that some of these\nspent materials will contain hydrochloric acid. The percentage of HCL will vary from system to\nsystem based on the degradation of the materials. In as much, I personally worked with the\nEngineering and Standards groups at DOT, Air Conditioning and Refrigeration Institute and\nTransport Canada on this subject matter to assure there would be a consistent answer to cylinder\nrequalification requirements. The consistent answer was that the cylinder shall be requalified\nwithin 5 years of the date of manufacture and within each 5 years thereafter. In as much, this\ninformation was incorporated into CANICSA B-339 and into ARI Guideline K. It was the DOT\nposition that 49 CFR 173.34 was perfectly clear that the cylinder did not contain fluorinated\nhydrocarbons that were commercially free of corroding components [Ref. 49 CFR 173.34\n(e)(13)] nor was the product a pure refrigerant [Ref. 49 CFR 173.34 (e)(l l)]. Therefore, the\ncylinder would require requalification by the volumetric expansion testing method [Ref. 49 CFR\n173.34 (e)]. I believe that although the sections in 49 CFR have been moved to Section 180, the\nrequirements are still intact today.\nThe confusion comes with the verbiage that is used in Interpretation 03-0164. Clearly, I can see\nthat the interpretation states that requalification by the proof pressure test method is permitted\nfor refrigerant gases that are free of corroding components as described in 49 CFR 180.209 (e).\nThe problem lies in the fact that the specific question asks \"whether DOT-4 Series cylinders\n\n<<<PAGE 3>>>\n\nused for refrigerant gas recovery\" be requalified by the proof pressure test method. The answer\ngiven is yes. The answer that I believe should have been given is no. Recovered gas may not\nbe commercially free of corroding components. This was the position of DOT, TC and ARI in\nthe 1980's and in my opinion, nothing has changed that would modify this position. Until the\nrecovered gas is completely analyzed, it is unknown if the refrigerant is contaminated and\ntherefore must be treated as contaminated refrigerant. Clearly, the proof pressure test will verify\nthe structural integrity of the pressure vessel but, the internal inspection and the volumetric\nexpansion data will validate the potential for interior corrosion and degradation of the cylinder.\nI am asking that DOT please reconsider the interpretation given since it is creating considerable\nconfusion for retesting organizations, independent inspectors and others dealing with cylinder\nrequalification. If this is not possible, could you please support my request for an interpretation\nthat I will submit to clarify this subject matter?\nRespectfully Submitted:\nSteven T. Gentry\nRegulatory Affairs Manager\nWorthington Cylinder Corporation\nAttachments\nCc: Mr. Charles Hochman - DOT (PHH-20)\nMs. Hattie Mitchell - DOT (PHH-12)\nMr. Richard Tarr PhD - DOT (PHH-33)\nMr. Pascal Verville - Transport Canada\nMr. Stephen Yurek - Air Conditioning, Heating & Refrigeration Institute\nMr. Marc Meteyer - The Compressed Gas Association\n\n<<<PAGE 4>>>\n\nExhibit 1\nDOT Interpretation 03-0164\nU.S. Department\nof Transportation\nResearch one\nSpeclal Programs\nAdministration\nAUG 1 1 2003\n400 Seventh St., s.W.\nWashlnglon, D.C. 20590\nMr. George Plum\nUSA Services, IIIC.\n11 1 1 Ingleside Road\nP. 0. Box 12103\nNorfolk, VA 23502\nRef. NO.: 03-0 164\nDear Mr. Plum:\nThis responds to your letter regarding proof pressure test requirements under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether the proof pressure test\nprescribed in 5 180.209(e) may be performed on certain DOT-4 series cylinders used for refrigerant\ngas recovery.\nThe answer is yes. A cylinder made in conformance with specification DOT 4B, 4BA, 4BW, or 4E\nthat is protected externally by a suitable conosion-resistant coating and used exclusively for the\nmaterials specified in §180.209(e), which includc reftigerant gases, that are camrnerciaily fke from\ncorroding components may be requalified by volumetric expansion testing every 12 years instead of\nevery five years. As an alternative, the cylinder may be subjected to a proof pressure test at least two\ntimes the marked service pres.wre, but this latter type of test must be repeated every scven years after\nexpiratian of the first 12-year period When subjected to a proof pressure test, the cylinder must be\ncarehlly examined under test pressure and removed from service if a leak or defect is found.\n1 hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nW&A ~ ? - h\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 5>>>\n\nExhibit 2\nCANICSA B-339\nC A N A D I A N S T A N D A R D S\nASSOCIATION\nCylinders, spheres, and tubes\nfor the transportation of\ndangerous goods\n\n<<<PAGE 6>>>\n\nExhibit 3\nCANJCSA B-339 Definitions of Reclaimed & Recovered Refrigerants\n8339-08 O Canadion Standards Association\nMacro etch test - an examination for revealing macrostructure that i s performed in accordance with\nASTM E340.\nMass of a container - the mass of a completed container with all its affixed appurtenances, but\nexcluding its valve(s) and excluding any devices that have to be removed for filling the container. For\ncylinders with porous filler, the mass of the liller, solvent, and saturation gas is included.\nMaterial grade - a type and chemical composition of material from a given supplier, in which\nvariations within the specified limits of the chemical composition have no significant effects on the\nmechanical properties achieved by the same heat-treatment or resin-curing schedule.\nMinister - the Minister of Transport for Canada.\nNeutral - a furnace atmosphere containing no excess of fuel or oxygen.\nNoncorrosive - chemically and metallurgically compatible with the container such that the\npressure-retaining integrity of the container is not adversely affected under the conditions of containment.\nNonrefillable container - a container that can be filled only once for the transportation of dangerous\ngoods.\nPlugged cylinder - a cylinder, the bottom end of which has been spun closed and permanently sealed\nby a threaded plug.\nPressure of contents -the sum of the partial pressures of all the commodities shipped in a single\ncontainer, less one atmosphere (gauge pressure).\nPressure-relief device - a device intended to release the pressure in a container in the event of\naccidental overpressure or exposure to fire.\nProduct analysis - a chemical analysis of the semi-finished or finished material to determine\nconformance with the requirements of a specification.\nQuenching crack - a crack formed in a metal as a result of thermal stresses produced by rapid cooling\nfrom a high temperature\nRebuilt container - a container subjected to a major repair, including any one or a combination of the\nfollowing procedures:\n(a) the repair of a welded pressure-retaining seam, where the repair welds exceed 75 mm in length or\nare spaced by less than 75 mm between the termination of one weld and the beginning of the next\nweld;\n(b) the repair of a welded or brazed attachment joint to a pressure-retaining part involving welds or\nbrazed joints that exceed 75 mm in length or are spaced by less than 75 mm between the\ntermination of one joint and the beginning of the next joint;\n(c) the replacement of a pressure-retaining component; and\n(d) for Series-8 cylinders, the replacement of the porous filler.\nReclaimed refrigerant gas - used refrigerant gas processed to new product specifications.\nRecovered refrigerant gas - refrigerant gas, in any condition, removed from a system.\nRecycled refrigerant gas - used refrigerant gas processed to reduce contaminants by separating oil,\nremoving noncondensables, and reducing moisture, acidily, and particulate matter to the levels specified\nin the Air-Conditioning and Refrigeration lnstit~tte publication IRC-2, Handling and Reuse of Refrigerants in\nthe United States (1 994).\nReducing - a furnace atmosphere containing either an excess of fuel or a deficiency of air or oxygen,\nsuch that the air or oxygen i s removed from substances or materials exposed to that atmosphere.\nMarch 2008\n\n<<<PAGE 7>>>\n\nExhibit 4\nCANICSA B-339 Requalification Requirements Clause 24.2.5\nO Canadian Standards Associution\nCylinders, spheres, and tubes for the\ntrans~ortotion of donoerous ooods\nwith volumetric expansion measurement every 12 years. The container shall be protected externally by a\nsuitable corrosion-resistant coating, such as, but not limited to, paint. Alternatively, the same containers\nmay be proof pressure retested every 7 years.\n24.2.5 Containers used for reclaiming, recycling, or recovered\nrefrigerant gases\nContainers used for reclaimed refrigerant gases shall be requalified in accordance with the applicable basic\nor alternative requalification procedures and periods specified in Clause 24.2.1. Containers used for\nrecycled or recovered refrigerant gases shall be requalified in accordance with the basic requalification\nprocedures and periods specified in Clause 24.2.1. Recycled and recovered refrigerant gases are\nconsidered to be corrosive due to contamination.\n24.2.6 TC-3HTM and CTC-3HT cylinders\n24.2.6.1\nIn addition to the visual inspection requirements, TC-3HTM and CTC-3HT cylinders shall be requalified in\naccordance with CGA C-8 and shall conform with the requirements of Clauses 24.2.6.2 to 24.2.6.5.\nA cylinder shall not be returned to service if the elastic expansion at retest exceeds the original elastic\nexpansion by more than 5% or tlie rejection elastic expansion limit (REE) marked on the cylinder.\n24.2.6.3\nA cylinder shall not be requalified at the termination of a 24-year period following the date of the original\ntest or after 4380 pressurizations, whichever occurs first. If a cylinder is refilled more than an average of\nonce every other day, an accurate record of the number of refillings shall be maintained.\n24.2.6.4\nRetest markings shall be applied by low-stress-type steel stamping to a depth no greater than that of the\noriginal marking at tlie time of manufacture. Stamping on the sidewall shall be prohibited.\n24.2.6.5\nWhen a cylinder not marked with a rejection elastic expansion (REE) i s retested, it shall be stamped with\nthe REE in millilitres near the existing marked original elastic expansion. The REE for a cylinder shall be\n1.05 times its original elastic expansion.\n24.2.7 TC-3CCM, TC3FCM, and TC-3HWM cylinders\nTC-3CCM, TC-3FCM, and TC-3HWM cylinders shall be condemned at the termination of a 15-year period\nfollowing the date of the original test.\n24.2.8 Series-8 cylinders\nSeries-8 cylinders shall be retested and reinspected in accordance with CCA C-13.\n24.2.9 Requalification by visual reinspection only\n24.2.9.1\nThe containers identified in Clause 24.2.9.3 and used exclusively for the corresponding services indicated\ntherein may be periodically requalified by external visual reinspection without pressure retesting.\nVisual reinspections shall be performed in accordance with CGA C-6, C-6.1, or C-6.3, as applicable.\nMarch ZOOS\n\n<<<PAGE 8>>>\n\nExhibit 5\nCANJCSA General Requirements for Requalification Clause 24.2.1\n8339-08 O Canodinn Stondords Association\n24 Requalification, reheat treatment, repair, and rebuilding\n24.1 General\n24.1.1 Scope\nClause 24 covers the requalification by retesting and reinspection, the reheat treatment, the repair, and\nthe rebuilding of used containers.\nNotes:\n(1) The prefix of a spedlicotion designation on a mntainer identifies the regulatory authority responsible at the time the\ncontainer was manufactured. In Clause 24, on obsolete specification is referenced by o prefix identifying the last\nregulatory authority under which contoiners of that specification are believed to have been manufactured. The prefix\nrepresents also the previous Conadion regulatory authorities or the US regulatory authorities under which contoiners of\nthe some specification may hove been manufacttrred.\n(2) The prefixes other than \"TC\" are as follows:\n(a) CRC: Canadian Railway Commission;\n(b) BJC: Board of Transport Commissioners for Conado;\n(c) CTC: Canadian Transport Cammission;\n(d) ICC: US Interstate Commerce Commission; ond\n(e) DOT: US Department of Transportation.\n( 3 ) Containers bearing the prefix \"ICC\" or \"DOT\" ore containers that were manufactured to a US specification. Many such\ncontainers hove been in use in Canada for years. In Clause 24, a specification designation preceded by the letters\n\"ICC\" or \"DOT\" identifies a specification that tios never been adopted in Canada.\n(4) All \" JC\" specifications include the letter \"M\". The addition of the letter \"M\" to a specification indicates a metric\nspecification. Contair~ers to specifications not including the letter \"Mu were built using yard-pound units 01\nmeasurement, with service pressure in pounds per square inch.\n24.1.2 Requirements\nThe requalification, the repair, and the rebuilding of containers shall be conducted in accordance with\nCCA 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,\nretested, reheat-treated, repaired, or rebuilt before being returned to service.\nNote: Where air or other gases are allowed in testing, proper precautions should be token to protect personnel.\n24.2 Requalification\n24.2.1 General requirements\n24.2.1.1\nEach cylinder, sphere, or tube shall be requalified periodically in accordance with the requirements of\nClause 24.2 and Table 29, except as provided in Clauses 24.2.1.6 and 24.2.1.7. Table 29 specifies the\nbasic requalification procedures and periods. It also specifies alternative requalification procedures and\nperiods that may be used, depending on service conditions. Alternative requalification methods and\nperiods are referenced to specific clauses for complete descriptions of conditions under which the\nalternative procedures may be used.\n24.2.1.2\nHydrostatic retests with volumetric expansion measurements and proof pressure retests, as required by\nTable 29, shall be performed in accordance with Clause 4.1 3.1.\n24.2.1.3\nContainers subject to a hydrostatic retest with volumetric expansion measurement shall also be visually\ninspected both internally, inasmuch as the size of the orifice(s) permit(s), and externally, in accordance\nwith CCA C-6, C-6.1, C-6.2, or C-6.3. The permanent expansion shall not exceed 10% of the total\nexpansion, except for\n(a) TC-3ALM cylinders, where it shall not exceed 6%;\nMarch 2008\n\n<<<PAGE 9>>>\n\nExhibit 6\nCAN/CSA B-339 Requalification Table 29 for TC-4BAM and TC-4BWM Cylinders\n© Canadian Standards Association\nlinders, spheres, and tubes for t\ninsportation of dangerous goo\n(Continued)\nProcedure (see\nClause 24.2.9.3)\nAlternative (a),\n(b), (d), or (e)\nAlternative (a), (d),\nAlternative (a), (b),\n(c), (d), or (e)\nAlternative (d) or\nAlternative (d) or\nor (e)\nVisual re-inspection\n(see Clause 24.2.9)\nyears\n5 or 10\n5 or 10\n5 or 10\n5 or 10\nProcedure\nAlternative\nClause 24.2.4\nAiternative\n24.2.4\nProof pressure retest\nPeriod,\nyears\nTable 29 (Continued)\nIn accordance with\nBasic and Clause 24.2.6\nAlternative Clause 24.2.4\nAlternative Clause 24.2.4\nvolumetric expansion measurement\nProcedure\nClause 24.2.3\nBasic\nBasic\nBasic\nBasic\nBasic\nBasic\nBasic\nHydrostatic retest with\nRetest not required\nPeriod,\nyears\n12\n|12\nMinimum\nretest\npressure\n2 SP\n1.5 SP\n1.5 5P\n1.5 SP\n1.67 5P\n25P\n2 SP\n2 SP\n2 SP\nContainer\nspecification\nСТС-3В\nTC-3ЕМ\nСТС-ЗЕ\nTC-3FCM\nTC-3HWM\nTC-3ССМ\nТС-ЗНТМ\nСТС-ЗНТ\nTC-4AAM33\nCTC-4AA480\nТС-4ВМ, СТС-4В,\nCTC-4BW,\nTC-4BM17ET,\nCTC-4B240ET,\nCTC-4B240FLW\nTC-4DM, CTC-4D.\nTC-4DAM, CTC-4DA.\nTC-4DSM, CTC-4DS\nTC-4EM\nCTC-4E\nMarch 2008\n\n<<<PAGE 10>>>\n\nExhibit 7\nARI Guideline K, 2004\n9\n\n<<<PAGE 11>>>\n\n2004\nGUIDELINE for\nCONTAINERS FOR\nRECOVERED\nNON-FLAMMABLE\nFLUOROCARBON\nREFRIGERANTS\nAIR-CONDITIONING &\nREFRIGERATION\nINSTITUTE\n4100 N. FAIRFAX DR., SUITE. 200 ARLINGTON. VIRGINIA 22203\nExhibit 8\nART. Guideline K Paragraph 7.1.1\n\n<<<PAGE 12>>>\n\nARI GUIDELINE K-2004\n6.5.1 Each container should display a precautionary label prepared in accordance with ANSI 2129.1. Federal law\nrequires that this label include:\nproduct identi~y\ninstructions in case of tire. spill. or leak\ninaructions in casc of contact or exposure\nsignal word\nstatemen1 of hazards\nins~nctions for container handling and stordge\nantidotes\nprecautionary measures\nnotes to physicians\n6.4.2 numerals:\nFederal law requires that cylinders and d ~ m s be marked as sho\\vn bclotv in one-inch (minimum) lencrs and\nRECOVERED REFRIGERANT -(enter numbcr)\nFcderal law requires that this mark appear on thc valve end chime of ton tanks.\n6.5.3 Printing on Iabcls should be clear and legible\n6.5 (!.$el. I,lfors~ution. Each containcr should bc labeled with the filler's name, address and date filled\n6.6 Color Following are examples ofcololing scI1cn:nles for various recovery containers. Depending upon the providerof~c\nrecovcry containcr, thc actual shading of the color may vary. I-lowcvcr. thc use ofthecolor yello\\\\~asspccificd below \\kill identify\nthe container AS a recovery vessel.\n6.6.1 Cylinders with non-removable collars:\nThe body should b~ gray. The collar should be yello\\v.\n6.6.2 Cylinders with removable caps:\nThc body should be gray. l'he shoulder and ~ h c cap should be yellow,\nThe drum should bc gray. The top head should be yellow.\n6.6.4 Ton Tanks:\nThe hody should be gray. 'The ends and chimes should he yelloa,.\nSection 7. Filling Procedures\nIMPORTANT: DO NOT MIX REFRIGERANTS WI-LEN FILLING CONTAINERS\n7.1 Cvlinders arm' Ton Tunh.\n7.1.1 Per DOTrequiwments; do not fill if the present date is mors than five ycnrs pastthe test datc on the container.\nThetest dale will he stamped on the shouldcr orcollar ofcylindersand on the valvecnd chimeorton tanks and appearas\nfollo\\\\~s:\nExhibit 9\nARI Guideline K Continuation of Paragraph 7.1.1\n\n<<<PAGE 13>>>\n\nARI GUIDELINE K-2004\nNote: This indicates the cylinder was retested in Deccmbcr of2001 by rclestor numbcr Al32.\n7.1.2 Cylinders and ton tanks should be continuouslq weighed during filling to ensure user safely. \"MAXIMUM\nGROSS WEIGHT\" is indica~ed on the side oi'the cylinder or ton lank and should ncver be rxcccdcd.\n7.1.3 Cylinders and con tanks should be clircked for leakage prior Lo shipment. Fcdcral Law requires that leuking\ncylinders and ton ranks not bc shippcd and he immcdintely ecacuared into acceprahle cylinde1.s or ton tanks\n7.2 Drums\n7.2.1 Recovered refrigerant R-I I, R-113. or R-123 should be placed into a new drum or a drum that previously\ncontained new refrigerant R- 1 1, R- 1 13, o r R- 123, rcspcctivcly.\n7.2.2 I>mtns should be filled ro allotv a vapor space equal to at least 10% of the drum height between [he top ofthe\nliquid and the bottom o f the drum top.\n7.2.3 Drums should be sealed by wrench-tightening the closure devices until the gaskets are firmly seated.\n7.2.4 Drums should be checked for lcakase prior to shipment. Federal law requires that leaking drums no1 he shipped\nand hc immediately transfcrrcd into acceptable containers.\nSection 8. Transportation\n8.1 Local Reg~tiarions. Per Federal regulalions, the shipper o f recovered refrigerant IS rcsponsiblc to dctem~ine i f there is any\nsrate or local regulations rearicting transportation, such as classifying recovered refrigerant and oil mixturcs as hazardous wastes.\nAs of thc datc o f publication hcrcof. thc U.S. Environmental Protection Agency does not classiFy these materials us hazardous\nM aste.\n8.2 Sl7ippplng Pqqers. Per DOT requirements the shipper is required to properly fill out thc shipping papers when returning\nthc recovered refrigerant. l'he shipping papers alrvays conuin:\n8.2.1 The quantity aud type ol'container.\n8.2.2 'l'he total gross weight o f recovered refrigerants, Ib I kg].\n8.2.3 For DOT hazardous marerials, thc shipping descriptions always inclutle thc following. in sequence:\n'The DOT proper shipping name, Tor csample: Chlorodiiluoromcthnnc Mixturc\nThe DOT hazard class, for example: \"2.2\"\nThc UN identificarion number, for cxample: \"GN 1018\"\n8.2.4 Formaterial notregulated hy DOT as nhwardous material, the words \"Not Regulated as a Hazardous Material\nby DOT\" are rscommended.","truncated":false,"body_characters":22986}