C.H.&I Technologies, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 FEB 2 O 2018 Eric Williams Director of Engineering C.H.&I. Technologies, Inc. 725 East Main Street, Suite 200 Santa Paula, CA 93060 Reference No. 17-0115 Dear Mr. Williams: This letter is in response to your October 17, 2017, email and subsequent phone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to compressed gases. You provide three scenarios in which a consumer or business will transport a product for personal care or household use that contains a hazardous material (hazmat), "UN1022, compressed air" or "UN1066, compressed nitrogen," in a refillable non-DOT specification container. We have paraphrased and commented on your scenarios as follows: Q 1. You seek confirmation of your understanding that an individual transporting this product in a private motor vehicle (including a leased or rented motor vehicle) for non- commercial purposes is not subject to the HMR. A 1. Your understanding is correct. Based on the information you have provided and according to § 171.1 ( d)( 6), functions not subject to the requirements of the HMR include the transportation of a hazmat by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle. Q2. You seek confirmation of your understanding that an individual transporting this product for a non-commercial purpose as a passenger by various modes of transportation (highway, air, rail, or vessel) is subject to the HMR. A2. Your understanding is correct. Hazmat carried aboard passenger transport vehicles is subject to the HMR. However, certain hazmat is provided exceptions from the regulations by certain modes (see§§ 177.870 and 175.10). Q3. You seek confirmation of your understanding that a business hiring a carrier to transport by either air, highway, rail, or vessel an "empty" metal container (i.e., contains a nonpoisonous, non-flammable material at less than 29.0 psig) for a commercial purpose is not subject to the HMR.#

Page 2A3. Your understanding is correct. Based on the information you have provided and according to § 173 .11 S(b )(1 ), a Division 2.2 (non-flammable, nonpoisonous compressed gas) means any material (or mixture) which exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia) or greater at 20 °C (68 °F), is a liquified gas or is a cryogenic liquid, and does not meet the definition of Division 2.1 (flammable gas) or 2.3 (gas poisonous by inhalation). If the material does not meet these requirements and does not meet any other definitions of a hazmat, transport of the material is not subject to the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, ,,,7 ,/ 6'2':>~ J)itk DeivKinder_y Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Cc: Subject: Attachments: Patrick, Eamonn CTR (PHMSA) Tuesday, October 17, 2017 3:03 PM Hazmat Interps Dodd, Alice (PHMSA); January, Ikeya CTR (PHMSA) FW: Request for Interpretations or Guidance 10-17-2017 Request for Interpretations or Guidance.pdf Alice/lkeya, Eamonn Please submit this as a letter of interpretation. Mr. Williams spoke to Edom. Let me know if you have any questions! From: Eric Williams [mailto:ewilliams@chitech.biz] Sent: Tuesday, October 17, 2017 2:12 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Terri Fischer <tfischer@chitech.biz> Subject: Request for Interpretations or Guidance Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attention: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 infocntr@dot.gov C. H. & I. Technologies, Inc., in accordance with the Department of Transportation HMR (Hazardous Materials Regulations) in 49 CFR 105 .20, requests concurrence with the interpretations for the three cases in the attached document (10-17-2017 Request for Interpretations or Guidance.pdf), or guidance accordingly. A response is requested by December 18, 2017. Please feel free to contact me with any issues or concerns. Thank you! Regards, Eric A. Williams, P .E. 805-415-2826 cell/text Director of Engineering CH&I Technologies, Inc. 725 East Main Street, Suite 200 Santa Paula, CA 93060#

Page 4805-525-3358 (8358 fax) http://chitech.biz http://perfectflow.biz Attachment: 10-17-2017 Request for Interpretations or Guidance.pdf 2#

Page 5October 17, 2017 Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attention: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey A venue, SE Washington, DC 20590-0001 infocntr@dot.gov C. H. & I. Technologies, Inc., in accordance with the Department of Transportation HMR (Hazardous Materials Regulations) in 49 CFR 105.20, requests concurrence with the interpretations for the following three cases, or guidance accordingly. A response is requested by December 18, 2017. Case #1 - Function and Activity: A consumer transports a consumer product in a container: • The transport is by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle by highway. • The container: • Is a 49 CFR 173.306 (i) non-DOT specification metal container that is refillable. • Contains materials (fluids) for personal care or household use that are non-regulated non-hazardous non-flammable non-corrosive materials (fluids). • Contains Division 2.2 non-flammable nonpoisonous compressed gases (UNl 002 compressed air or UNl 066 compressed nitrogen) commercially free from corroding components. • Capacity will not exceed 1 L (61.0 cubic inches). • Internal pressure will not exceed 140 psig at l 30°F. • Liquid contents of the material (fluid) and gas will not completely fill the container at 130°F. • Is used for transporting and dispensing a material (fluid) for personal care or household use and would be nearly full of this material (fluid). The relatively much- smaller amount of compressed gas in the container would be used as a "gas charge" to eject the relatively much-larger amount of material (fluid) from the container. • Is pressure tested. C.H.&!. Technologies, Inc. 725 East Main Street, Suite 200 • Santa Paula, California 93060 Telephone 805 525-3358 • Facsimile 805 525-8358 • www.chitech.biz#

Page 62 Case #1 - Interpretations: A. 49 CFR 171 .1 ( d) (6) addresses the applicability of the HMR to this function and activity. B. This function and activity are not subject to the requirements of the HMR and/or the HMR do not apply to this function and activity. Case #2 - Function and Activity: A business transports an empty container: • The transport is by a carrier for commercial purposes by air, highway, rail, or water. • The container: • Is a 49 CFR 173.306 (i) non-DOT specification metal container that is refillable. • Contains non-flammable nonpoisonous compressed gases (UNI 002 compressed air or UN 1066 compressed nitrogen) commercially free from corroding components. • Capacity will not exceed 1 L (61.0 cubic inches). • Internal pressure is less than 29 psig at 68°F. • Is pressure tested. Case #2 - Interpretations: A. 49 CFR 173 .115 (b) ( 1) addresses the applicability of the HMR to this function and activity. B. This function and activity are not subject to the requirements of the HMR and/or the HMR do not apply to this function and activity. Case #3 - Function and Activity: A consumer transports a consumer product in a container: • The transport is by an individual for non-commercial purposes as a passenger by highway in a commercial motor vehicle, by air in a commercial aircraft, by rail in a commercial rail car, or by water in a commercial vessel. • The container: • Is a 49 CFR 173.306 (i) non-DOT specification metal container that is refillable. • Contains materials (fluids) for personal care or household use that are non-regulated non-hazardous non-flammable non-corrosive materials (fluids). • Contains Division 2.2 non-flammable nonpoisonous compressed gases (UN1002 compressed air or UN 1066 compressed nitrogen) commercially free from corroding components. • Capacity will not exceed 1 L (61.0 cubic inches). • Internal pressure will not exceed 140 psig at 130°F. • Liquid contents of the material (fluid) and gas will not completely fill the container at 130°F. • Is used for transporting and dispensing a material (fluid) for personal care or household use and would be nearly full of this material (fluid). The relatively much-#

Page 73 smaller amount of compressed gas in the container would be used as a "gas charge" to eject the relatively much-larger amount of material (fluid) from the container. • Is pressure tested. Case #3 - Interpretations: A. 49 CFR 173.306 (i) addresses the applicability of the HMR to this function and activity. B. This function and activity are subject to the requirements of the HMR and the HMR do apply to this function and activity. Please feel free to contact me with any issues or concerns. Thank you! Sincere! , r- .. Eric A. Williams, P.E. Director of Engineering C. H. & I. Technologies, Inc. ewilliams@chitech.biz 805-415-2826 cell/text#