Plunkett Cooney — 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 JUL 1 8 2013 Mr. Jerome A. Galante Plunkett Cooney 38505 Woodward Ave. Suite 2000 Bloomfield Hills, MI 48304 Ref. No. 13-0089 Dear Mr. Galante: This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to aerosols. In your letter, you state that one of your clients recently became aware that R -134a aerosol refrigerant recharge product was being shipped in Department of Transportation (DOT) Specification 2Q containers exceeding 180 psig at 130 °F. You ask whether the pressure in a DOT Specification 2Q container may exceed 180 psig at 130 °F. The answer is no. The pressure in a DOT Specification 2Q container may not exceed 180 psig at 13 0 °F. Exceptions to this requirement may be authorized under the terms and conditions prescribed in a DOT special permit. A container authorized under a special permit bears a "DOT -SPXXXXX" mark in lieu of a "DOT 2Q" mark. You may wish to inform your client that they may file a complaint with our enforcement office at the following link: http:/ /v..rww.phmsa.dot.gov /phmsa-cxt/fced back/hazr.JatComplaintsRcg_sV iolationsFonn. j sp . I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 25te vens PLUNKETT.COONEY A CENHJRY OF DISTINCTIVE SERViCE ~(13.jol AprillS, 2013 ~I in de~ 13 ,.ooF9 Mr. Charles Betts Director of Hazmat Standards Office Hazardous Materials Standards, USDOT 1200 New Jersey Ave, SE East Bldg, Room E24-421, PHH-10 Washington, DC 20590 Re: Automotive Refrigerant Product in DOT 2Q Containers Dear Mr. Betts: I represent manufacturers and distributors of automotive servicing products. In late 2012, one of my clients became aware that R-134a aerosol refrigerant (R-134a) recharge products were being shipped in 2Q cans. To our knowledge the regulations specified in 49 CFR 173.306(a)(3)(ii) only allows a 2Q metal container when the pressure does not exceed 180 psig at 130° F. Also to our knowledge, the only method to ship the materi~l in question is by the use of a Special Permit (ref. SP10232, SP14188 and SP14286). .. We have also recently noticed that certain vendors are currently using 2Q metal containers for limited quantity gases which exceed the 180 psig limit. If the industry were allowed to use the 2Q metal container, the benefit would be that the 2Q container is more readily available and less expensive than the containers authorized under the various Special Permits. This issue is very important to my client. We respectfully request a Letter of Interpretation on this question from D.O.T. so that there can be no further confusion about whether shipping R-134a products that exceed 180 psig at 130° Fin 2Q cans is permissible. Very truly yours, fie'vul ~ Jerome A. Galante Direct Dial: (248) 594-8209 E-Mail: j galante@plunkettcooney. com JAG/tb cc: phmsa.hm-iafocenter@dot.gov ATTORNEYS & COUNSELORS AT LAW 38505 Wo~dward Ave., Suite 2000 o Bloomfield Hills, Ml 48304 o T: (248) 901-4000 o F: (248) 901-4040 o plunkettcooney.com#