{"operation":"document","citation":"15-0157","title":"Fleet Services Business Department — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-10-29","effective_on":null,"summary":"15-0157 response to Fleet Services Business Department concerning 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150157.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n1200 New Jersey Avenue SE\nof Transportation\nWashington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 29 2015\nMs. Elizabeth Carson\nDepartment of Transportation Program Lead\nFleet Services Business Department\nP.O. Box 5800\nMS0950\nAlbuquerque, New Mexico 87185-0950\nReference No. 15-0157\nDear Ms. Carson:\nThis is in response to your July 14, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of an\nemptied non-specification pressure cylinder used to store hydrogen gas at your facility. In\nyour letter, you state that you have a hydrogen storage system that incorporates mounted non-\nDepartment of Transportation (DOT) specification cylinders. The system is filled with\n12,690 pounds per square inch (psi) of Hydrogen while at a fixed location. Your intent is to\nvent and purge the cylinders with nitrogen gas before transporting the cylinders by highway.\nYou add that this process will leave a 97% Nitrogen / 3% Hydrogen gas composition at less\nthan 29 psi inside the cylinders. You ask if the non-DOT specification cylinders that are\ncleaned and purged as you describe would constitute an empty package under\n§ 173.29(b)(2) (iv)(B).\nProvided that the empty packaging described in your letter is cleaned and purged in\naccordance with § 173.29(b)(2)(iv)(B), the answer is yes. In addition, § 173.29(b)(2)(ill)\nstates that an empty packaging that is refilled with a material which is non-hazardous to such\nan extent that any residue remaining in the packaging no longer poses a hazard is not subject\nto the requirements of the HMR. Please note that for purposes of the HMR, cleaned and\npurged means no residual hazardous material or vapor remain in a container. The procedure\npresented in your letter appears to leave the cylinders sufficiently cleaned of residue and\nany of the hazard class definitions in the HMR.\nI hope this satisfies your request.\nSincerely,\nTens sot\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDOT/RSPA /OHMS\nSandia National Laboratories\nOperated for the U.S. Department of Energy by\nTitle: DOT Program Administrator\nName: Elizabeth Carson\n15 JUL 15 PM 3: 30\nSandia Corporation\nP.O. Box 5800\nAlbuquerque, NM 87185-\nFax: (505) 284-5490\nPhone: (505)845-9845\nEmail:eccarso@sandia.gov\nAndrewes\nJuly 14, 2015\n§173.29(b)(2)(v) (B)\nAssociate Administrator for Hazardous Materials Safety\nAttention: Special Permits PHH-30\nPackaging General\nPipeline and Hazardous Materials Safety Administration\n15-0157\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nTo whom it may concern:\nMy name is Elizabeth Carson. I work for a private motor carrier, Sandia National Laboratories' as the DOT\nProgram Administrator, under USDOT 545058 with hazmat certification (HM Company ID 066448) through\n6/30/2017, as a shipper and transporter. We have locations in New Mexico, California and Nevada. Our\nCalifornia site has entered into a project with the California Air Resource Board with regards to hydrogen testing\nfor vehicles. We are in the process of commissioning the fabrication of a system which consists of a tandem axle\nenclosed cargo trailer (GVWR 7,000 pounds).\nThe unit will contain a gaseous hydrogen storage system that incorporates permanently mounted non-DOT\nspecification cylinders. While in use, but at a fixed location, the storage system may be filled with up to 12,690\npsig of hydrogen gas. Our intent is to vent and purge the cylinders using nitrogen gas before transporting the\ntrailer on U.S. roadways. The pressure in the cylinders will be reduced to less than 29 psig at 20° C in a series of\nsteps. The gas composition after the final step will be 97% nitrogen / 3% hydrogen, which by our determination\nmeets the criteria for classification as a Division 2.2 non-flammable gas. Any markings and labels on the\ncylinders will not be visible during transport. The cylinders are permanently mounted and will not be unloaded at\nany location where the trailer is used. Hazardous shipping papers will not be used when the trailer is transported.\nThis letter is to request interpretation of 49CFR part 173.29(b) (2) (iv)(B). Namely, can non-DOT specification\ncylinders containing the Division 2.2 non-flammable gas described above be transported as empty packaging?\nWould the above procedure satisfy the regulations stated in 49 CFR part 173.29(b)(2) to sufficiently clean the\nhydrogen cylinders of all residue and purge them of vapors to remove any potential hazard, thereby making the\ncylinders acceptable for \"empty packaging\" in commerce?\nIn order to maintain full compliance. with all federal hazardous material regulations, we are requesting a written\ninterpretation specific to the aforementioned product and purpose. I look forward to your reply.\nExceptional Service in the National Interest\n\n<<<PAGE 3>>>\n\n- 2-\nI greatly appreciate your time and consideration.\n•\n( Sandia National Laboratories\nOporated or the United States Departmen: of Energy by\nSupow Chan Management\nLogistios\nSincerely,\nlichth Carton\nElizabeth Carson, DOT Program Lead\nFleet Services Business Department\nP.O. Box 5800, MS0950\nAlbuquerque, New Mexico 87185-0950\nCopy to:\nTerry Johnson\nJack Euske\nMike Starr","truncated":false,"body_characters":5335}