{"operation":"document","citation":"10-0113","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-08-18","effective_on":null,"summary":"10-0113 response to Currie Associates, Inc. concerning 173.156.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100113.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nMr. S.C. Watkins\nCurrie Associates, Inc.\n10 Hunter Brook Lane\nQueensbury, NY 12804\nAUG 18 2010 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nRef. No. 10-0113\nDear Mr. Watkins:\nThis responds to your May 19, 2010 letter regarding transportation of consumer commodity,\nORM-D material under the terms ofa special permit authorized by the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether used containers of\nrefrigerant gas that are partially full or have an unknown quantity remaining may be shipped\nback to the manufacturer as a consumer commodity, ORM-D material.\nAccording to your letter and through information shared during a telephone conversation with a\nmember ofmy staff, the containers ofrefrigerant gas are (1) manufactured, marked, and\nauthorized for sale and use under special permit DOT-SP 14188; (2) used to recharge motor\nvehicle air conditioning systems; and (3) required to be recycled under a new California state\nregulation. Under the state regulation, retailers will be required to collect used containers from\nconsumers and return them to the original manufacturer for recovery and recycling ofthe\nrefrigerant gas. You are concerned that retailers do not have the expertise or equipment to\ndetermine ifa used container is empty, and thus, not subject to the HMR or partially full at an\ninternal pressure such that the contents remain subject. You believe, however, that the retailers\nare still allowed to offer for transport the partially full containers back to the manufacturer as\n\"Consumer commodity, ORM-D\" material in accordance with § 173.156.\nYour understanding is correct. The partially full containers may be transported as \"Consumer\ncommodity, ORM-D\" material under provisions of § 173.156 in accordance with the terms of\nthe special permit. DOT -SP 14188 stipulates that the containers may be reoffered for\ntransportation by a person who is not a holder ofthe special permit provided no modification or\nchange is made to the packaging (Le., the container). Discharge of the refrigerant gas is not\nconsidered a modification or change. Thus, retailers may ship partially full or empty containers\nas \"Consumer commodity,.ORM-D.\"\nI hope this information is helpful. If you have further questions, please contact this office.\n\n<<<PAGE 2>>>\n\nDer K.1r'ldel1eV)\n.f?>I15.l5 Go\nE)(cephon5 ;y ()gM ~J\n/() -() , 13\nCURRIE ASSOCIATES, INC.\nTHE GLOBAL COMPLIANCE PROFESSIONALS\nMay 19, 2010\nMr. Edward Mazzullo\nDirector\nOffice Hazardous Mat Standards, USDOT\n1200 New Jersey Ave, SE Second Floor (PH)\nWashington, DC 20590\nDear Mr. Mazzullo:\nOn behalf of a major supplier of a Consumer Commodity ORM-D product, we are\nrequesting a Letter of Interpretation.\nBackground\nThe California Air Resources Board (ARB) adopted a regulation to reduce refrigerant\ngas emissions from DO-IT-YOURSELF servicing of motor vehicle air conditioning\nsystems (MVAC), such as those in automobiles and pickup trucks. The regulations,\nwhich include a mandatory recycling program for containers of automotive air\nconditioning refrigerant gases, became law in the State of California on October 1,\n2009.\nThe recycling program involves consumers, retailers, wholesale distributors and\nmanufacturers. A $10 deposit is required for each container of automotive refrigerant\ngas at the time of purchase. Containers are required to be returned within 90 days with\na valid, retailer's proof of purchase for refund of the deposit. Retailers will be required to\ncollect all used small containers from consumers and return them to the original\nmanufacturer for recovery and recycling of the contents. The containers are\nmanufactured, marked and authorize for sale and use under several special Permits\nissued by the U.S. Department of Transportation, Pipeline and Hazardous Materials\nSafety Administration.\nThe primary concern is when these containers are returned from the customer to the\nretailer in an empty or partially full condition. Retailers do not have the expertise or\nequipment to determine if the container is empty or partially full where only a portion of\nthe total product has been used and the internal pressure within the container may\nremain greater than 40.6 psia.\n10 Hunter Brook Lane· Queensbury NY 12804· TEL: (518) 761-0668 • FAX: (518) 792-7781\nwww.currieassociates.com·mail@currieassociates.com\n\n<<<PAGE 3>>>\n\nIt is clear that an empty container containing only a residue of an ORM-D material is not\nsubject to the regulations as provided at 49 CFR §173.29 (b)(2)(iv)(A) and (8).\nOur request for interpretation pertains to those partially full containers where only a\nportion of the total product has been used and the internal pressure within the container\nremains greater than 40.6 psia. PHMSA letters of interpretations #02-0212 dated Jan. 9,\n2003 and #08-0073 dated May 20,2009 allows the Consumer Commodity ORM-D\nclassification for waste products being sent to a disposal site. We believe 49 CFR\n§173.156 would also allow the Consumer Commodity ORM-D classification when the\nproduct is sent back to the manufacturer for recycling.\nQuestion\nAre we correct in our assumption that small containers previously filled with a refrigerant\ngas and authorized to be classified as Consumer Commodity, ORM-D per Special\nPermits, which are partially full and may contain an unknown quantity of refrigerant gas\nwith an internal pressure greater than 40.6 psia are allowed to be shipped back to the\nmanufacturer for recycling as a Consumer Commodity ORM-D?\nDue to the fact that the new law in California will have an imminent impact on commerce\nyour prompt response is appreciated.\nSincerely,\nS. (3, 'Drde '3f/~\nS.C. \"Duke\" Watkins\nTechnical Consultant\n10 Hunter Brook Lane' Queensbury NY 12804' TEL: (518) 761-0668 • FAX: (518) 792-7781\nwww.currieassociates.com·mail@currieassociates.com","truncated":false,"body_characters":5924}