{"operation":"document","citation":"17-0094","title":"Entegris Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-28","effective_on":null,"summary":"17-0094 response to Entegris Inc. concerning 173.301a, 180.205, 180.209, 180.213, 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56886/170094.pdf","body":"<<<PAGE 1>>>\n\nDilegns Inc.\n7 Commerce Drive\nDanbury, CT 06810\nReference No. 17-0094\nDear Mr. McManus:\nThis letter is in response to your August 25, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinders. Specifically, you\npresent two scenarios involving the requalification of U.S. Department of Transportation (DOT)\n3AA 2400 specification cylinders.\nWe have paraphrased and answered your questions as follows:\nScenario A\nA DOT-3AA 2400 specification cylinder was last qualified on September 15, 2012, and\nsubsequently marked in accordance with § 180.213(d). You marked the cylinder with a\nrequalification date of September 15, 2012, and subsequently recorded the date in the\nqualification record in accordance with § 180.215(b). You further state that the requalification\nperiod for the cylinder is 5 years as specified in § 180.209(a). The cylinder is now empty and\nmeets the requirements of § 173.301(a)(2).\nQ1: You ask for the date by when the cylinder must be filled with a gas defined as a\nhazardous material to remain in service before the requalification becomes due.\nAl: The cylinder in your scenario must be requalified within 5 years of the last requalification\ndate. Therefore, it must be filled before September 15, 2017, to remain in service.\nScenario B\nA DOT-3AA 2400 specification cylinder was last qualified on September 15, 2012; subsequently\nfilled with a Class 2 hazardous material on July 15, 2017; and then shipped from the fill plant on\nAugust 1, 2017, to a location where it is stored in a warehouse. The cylinder remains in the\nwarehouse until its next requalification comes due on October 15, 2017 (see § 180.209(a)), at\nwhich point the cylinder is verified in good condition and shipped to an end user. The end user\nconsumes half the contents of the cylinder and returns it to the warehouse on January 6, 2018.\nThe warehouse in turn ships the cylinder back to the fill plant.\n\n<<<PAGE 2>>>\n\nmay not be refilled and offered for transportation unless it has been requalined in\naccordance with the HMR.\nQ2:\nYou ask if the Pipeline and Hazardous Materials Safety Administration (PHMSA)\ndefines the term \"remain in service.\"\nA2:\nPHMSA does not define \"remain in service.\" However, under § 180.205(c) of the HMR,\nPHMSA does allow a cylinder to remain in service until it is emptied of a hazardous\nmaterial.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nHi Alice,\nPlease submit this as a letter of interpretation. Please let me know if you have any questions.\nThanks,\nJodi\nFrom: Jim McManus [mailto:Jim.McManus@entegris.com]\nSent: Friday, August 25, 2017 1:59 PM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Interpretation\nDear PHMSA,\nI am submitting a request for interpretation of the HMR in accordance with 49 CFR $105.20.\nI look forward to PHMSA's response.\nRegards,\nJim McManus\nPrincipal Engineer\nDangerous Goods Safety Advisor (DGSA)\nM 203-482-1606\nT 203-207-9307\nentegris.com\n7 Commerce Drive\n@ Entegris\n50 YEARS OF PURE ADVANTAGE\nDanbury, CT 06810\nUnited States\n1\n\n<<<PAGE 4>>>\n\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\ninfocntr@dot.gov\nRe: Request for Interpretation\nDear Sir or Madame:\nIn accordance with 49 CFR $105.20, this letter is being submitted by e-mail to PHMSA to request an\ninterpretation on several questions we have related to the Hazard Materials Regulations (HMR).\nQuestion 1:\nScenario A\nA DOT-AA 2400 specification cylinder was last requalified on 9/15/2012. The necessary requalification\nperiod is 5 years as specified in $180.209 (a). Subsequent to successful requalification on 9/15/2012,\nthe cylinder was marked in accordance with §180.213 (d). The month of requalification was identified\nby the mark \"9\" and the year of requalification by the mark \"12\". The date of the requalification was\nrecorded in the requalification record in accordance with §180.215 (b). The date format recorded was\n\"9/15/2012\" such that the exact day during the month and year of requalification is known to the filler.\nThe cylinder is empty and in good condition meeting the requirements of §173.301 (a) (2).\nRelevant Regulation\nBelow are the statements in §180.205 (c) that are relevant to our question:\nNo cylinder may be filled with a hazardous material and offered for transportation in commerce unless\nthat cylinder has been successfully requalified and marked in accordance with this subpart. A cylinder\nmay be requalified at any time during or before the month and year that the requalification is due.\nHowever, a cylinder filled before the requalification becomes due may remain in service until it is\nemptied.\nQuestion for Scenario A\nFor the scenario previously described, what would be the last date that this cylinder could be filled with\na gas defined as a hazardous material and then \"remain in service\" before the requalification becomes\nWould this date be 8/31/2017 or 9/14/2017 or 9/30/2017 or some other date?\n\n<<<PAGE 5>>>\n\nThe unemptied, unused cylinder remains in the USA warehouse until after its next requalification\nbecomes due. This date is 10/15/2017. On 10/15/2017, the warehouse HazMat shipping specialist has\nverified that the cylinder is in good condition and ships it to an end-user in the USA. The end-user\nconsumes ½ the contents of the cylinder. The cylinder is still considered a hazardous material per the\nOn 1/6/2018, the end-user wishes to return the cylinder to the USA warehouse. The end-user ships the\ncylinder back to the warehouse. The warehouse in turn ships the cylinder back to the USA fill plant.\nRelevant Regulation\nBelow is the statement in §180.205 (c) that is relevant to our question:\nHowever, a cylinder filled before the requalification becomes due may remain in service until it is\nemptied.\nQuestions for Scenario B\n1. Are each of the transport operations described in Scenario B in compliance with the HMR?\n2. If the answer to question 1 is \"Yes\", is that because the term \"remain in service\" includes\noperations related to the transport of hazardous materials?\n3. Can PHMSA provide a definition for the term \"remain in service\"?\nI look forward to any guidance PHMSA can provide as these types of questions come across my desk\noften and I would appreciate PHMSA's take on these scenarios.\nIf PHMSA requires any further clarification regarding the questions, please contact me at your\nconvenience.\nSincerely,\nJames V. McManus\nJames (Jim) V. McManus\nPrincipal Engineer\nDangerous Goods Safety Advisor (DGSA)\nEntegris Inc.\nM 203-482-1606\n203-207-9307\n\n<<<PAGE 6>>>\n\nU.S. Department of transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\ninfocntr@dot.gov\nRe: Request for Interpretation\nDear Sir or Madame:\nIn accordance with 49 CFR §105.20, this letter is being submitted by e-mail to PHMSA to request an\ninterpretation on several questions we have related to the Hazard Materials Regulations (HMR).\nQuestion 1:\nScenario A\nA DOT-AA 2400 specification cylinder was last requalified on 9/15/2012. The necessary requalification\nperiod is 5 years as specified in §180.209 (a). Subsequent to successful requalification on 9/15/2012,\nthe cylinder was marked in accordance with §180.213 (d). The month of requalification was identified\nby the mark \"9\" and the year of requalification by the mark \"12\". The date of the requalification was\nrecorded in the requalification record in accordance with §180.215 (b). The date format recorded was\n\"9/15/2012\" such that the exact day during the month and year of requalification is known to the filler.\nThe cylinder is empty and in good condition meeting the requirements of §173.301 (a) (2).\nRelevant Regulation\nBelow are the statements in §180.205 (c) that are relevant to our question:\nNo cylinder may be filled with a hazardous material and offered for transportation in commerce unless\nthat cylinder has been successfully requalified and marked in accordance with this subpart. A cylinder\nmay be requalified at any time during or before the month and year that the requalification is due.\nHowever, a cylinder filled before the requalification becomes due may remain in service until it is\nemptied.\nQuestion for Scenario A\nFor the scenario previously described, what would be the last date that this cylinder could be filled with\na gas defined as a hazardous material and then \"remain in service\" before the requalification becomes\ndue?\nWould this date be 8/31/2017 or 9/14/2017 or 9/30/2017 or some other date?\n\n<<<PAGE 7>>>\n\nThe unemptied, unused cylinder remains in the USA warehouse until after its next requalification\nbecomes due. This date is 10/15/2017. On 10/15/2017, the warehouse HazMat shipping specialist has\nverified that the cylinder is in good condition and ships it to an end-user in the USA. The end-user\nconsumes ½ the contents of the cylinder. The cylinder is still considered a hazardous material per the\nOn 1/6/2018, the end-user wishes to return the cylinder to the USA warehouse. The end-user ships the\ncylinder back to the warehouse. The warehouse in turn ships the cylinder back to the USA fill plant.\nRelevant Regulation\nBelow is the statement in §180.205 (c) that is relevant to our question:\nHowever, a cylinder filled before the requalification becomes due may remain in service until it is\nemptied.\nQuestions for Scenario B\n1. Are each of the transport operations described in Scenario B in compliance with the HMR?\n2. If the answer to question 1 is \"Yes\", is that because the term \"remain in service\" includes\noperations related to the transport of hazardous materials?\n3. Can PHMSA provide a definition for the term \"remain in service\"?\nI look forward to any guidance PHMSA can provide as these types of questions come across my desk\noften and I would appreciate PHMSA's take on these scenarios.\nIf PHMSA requires any further clarification regarding the questions, please contact me at your\nconvenience.\nSincerely,\nJames V. McManus\nJames (Jim) V. McManus\nPrincipal Engineer\nDangerous Goods Safety Advisor (DGSA)\nEntegris Inc.\nM 203-482-1606\n0 203-207-9307","truncated":false,"body_characters":10228}