Dominion Technology Gases Ltd. — Hazardous Materials Safety Interpretation

Page 10 U.S. Department of Transportation · Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 APR O 8 2019 Eric Watson Dominion Technology Gases Ltd. Howe Moss Avenue Kirkhill Industrial Estate Dyce, Aberdeen AB21 0GP United Kingdom Reference No. 18-0127 Dear Mr. Watson: This letter is in response to your October 5, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinder requalification. You state that your company has a fleet of United Nations (UN) ISO 9809-2, USA/M8304 cylinders that you intend to retest (requalify) in the United Kingdom under ISO 6406 once they reach their 10-year requalification period. However, you note that testing will be done without a United States Requalification Identification Number (RIN). Specifically, you ask whether these cylinders may be used and transported in the United States after being requalified. The answer is no. UN pressure vessels due for requalification cannot be filled and offered for transportation in commerce unless they have been successfully requalified and marked in accordance with the HMR (see§ 180.207(a)(2)). Section 180.205(b) states that no person may represent that a repair or requalification of a cylinder has been performed in accordance with the HMR unless that person holds a current approval issued under the procedural requirements in Subpart I of 49 CFR Part 107 (see§ 107.801). Therefore, the facility where the cylinders are to be tested (requalified) must be an approved and authorized RIN holder.#

Page 2If a facility is not an authorized RIN holder and seeks approval to engage in the requalification of UN pressure receptacles, an Independent Inspection Agency (IIA) must conduct a review of a facility's requalification operations. Once the review has been completed with satisfactory results, the applicant (ex., Dominion Technology Gases Ltd.) must submit a letter of recommendation from the IIA, an inspection report, and an application certifying that the facility will perform requalification operations for UN pressure receptacles in compliance with the applicable requirements of the HMR (see§ 107.805). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Der 'nd n Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Attachments: Wednesday, October 10, 2018 1:10 PM Hazmat Interps FW: Cylinder Re-qualification S_S8157811_Flaschenzeichnung.pdf; 6_S815781l_Einschlag.pdf Hello Alice and lkeya, Below is a request for a letter of interpretation. Thanks, Jonathon, HMIC From: Eric_ Watson@Praxair.com [mailto:Eric_ Watson@Praxair.com] Sent: Friday, October 05, 2018 11:37 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Cylinder Re-qualification The mailing address for the letter of interpretation is: Dominion Technology Gases Ltd Howe Moss Avenue Kirkhill Industrial Estate Dyce Aberdeen AB21 0GP UK For attention of Eric Watson Hey Jonathon, I've looking in FM and only saw letters that pertained to ISO standard 11119-2. Since they've already spoken with APD, and there aren't any letters pertaining to his particular standard, I've put in your box to move his request to the next level. -Breanna --------------------- To Whom it Concerns, Could I ask for a letter of interpretation please, that could explain why retesting (requalifing) these UN, ISO 9809-2, USA/M8304 cylinders in the UK under ISO standard 6406, will not allow their continued use to be transported in USA. Eric Watson Engineering Support Manager-Dominion Gas 1#

Page 4Telephone +44 1224 215663 Mobile: +44 7711 367505 www.dominion-gas.com From: To: Date: Subject: "Pascal, Irwin (PHMSA)" <irwin.pascal@dot.gov> "Eric Watson@Praxair.com" <Eric Watson@Praxair.com> 01/10/201814:37 RE: Cylinder Re-qualification ••• Please note the message below originated on the Internet. Please use ca ution when replying or opening links or attachments. '** Good Morning Eric It is my understanding that once the requalification is performed by an Authorized RIN holder in accordance with 49 CFR § 180.207, then yes the cylinders would be allowed in the USA, providing that the service life is not exceeded. You can also request an official letter of interpretation from PHMSA's Standard Division (202) 366~ 8553 (infocntr@dot.gov) . Respectfully Irwin Pascal CDGP Transportation Specialist Pressure Vessels Branch Approvals and Permits Division - PHH-30 OHMS, PHMSA, U.S. DOT Office: (202) 366-8181 Fax: (202) 366 3753 East Building, E23-412 1200 New Jersey Ave., SE Washington, D.C. 20590-0001 From: Bartrum, Zeudi CTR (PHMSA) On Behalf Of Approvals (PHMSA) Sent: Friday, September 28, 2018 3:54 PM To: Pascal, Irwin (PHMSA) <irwin.pascal@dot.gov> Subject: FW: Cylinder Re-qualification Irwin, Please see the email below. Thanks. Zeudi From: Eric Watson@Praxair.com (mailto:Eric Watson@Praxair.com) Sent: Wednesday, September 26, 2018 10:53 AM To: Approvals (PHMSA) <Approvals@dot.gov> Subject: Cylinder Re-qualification To Whom it concerns, 2#

Page 5Below is the correspondence trail regarding cylinder re-qualification following the original e-mail We have gas cylinders in our fleet which were manufactured by Worthington Cylinders GmbH - Austria, to UN, ISO 9809- 2, USA M8304. When these cylinders reach their 10 year re-qualification period, we intend to have the cylinders re-tested by UT (UE) in the UK to ISO 6406 standard (or replacement) will this re-test also allow continued use of the cylinders in USA if required? Mr. Watson, I am working with my colleague in our engineering office to determine the appropriate response to your below email. I will get back to you shortly. Regards, Andrew Eckenrode Eric, I ended up having to speak with some folks in our Pressure Vessels Branch about this and they are of the opinion that the cylinder must be requalified by a RIN holder in order to be transported within the United States under the HMR. I do not have a regulatory citation that I can point to that confirms this, so you may want to request a letter of interpretation from our Standards and Rulemaking Division. Regards, Andrew Hello Andrew, As previously advised we have gas cylinders in our fleet which were manufactured by Worthington Cylinders GmbH - Austria, to UN, ISO 9809-2, USA M8304. It is my understanding that these cylinders can be transported within the United States during the 10 year period after manufacture & testing. When these cylinders reach their 10 year re-qualification period, we intend to have the cylinders re-tested by UT (UE) in the UK to ISO 6406 standard (or replacement ISO 18119 when issued) Your e-mail indicates that the retesting of these cylinders by UT in the UK to relevant ISO standard will not be accepted for transport in USA? WiUa RIN holder be able to requalify these cylinders by UT to satisfy both US DOT & ISO 6406? Regards Eric Watson Eric, If these cylinders are requalified by a RIN holder that is authorized to perform UE testing, there should be no issue. I am trying to avoid making a definitive statement regarding whether it is absolutely necessary as cylinder requalification is not my 3#

Page 6area of expertise. For a definitive answer, I would recommend talking with our Pressure Vessels Branch and/or requesting a letter of interpretation. Let me know if you have any additional questions. Regards, Andrew Eckenrode (PHMSA) has suggested I contact yourselves regarding this subject. Eric Watson Engineering Support Manager-Dominion Gas Telephone +44 1224 215663 Mobile: +44 7711 367505 www.dominion-gas.com From: To : Date: Subject: "Eckenrode, Andrew (PHMSA)" <andrew.eckenrode@dot.gov> "Eric Watson@Praxair.com" <Eric Watson@Praxair.com> 26/09/2018 15:07 RE: Cylinder Re-qualification ••• Please note the message below originated on the Internet. Please use caution when replying or opening links or attachments. *** Eric, They are in DC. You can try 202-366-4535 as well. The person answering those numbers might not be at their desk, so you can always try back latter. Please feel free to also reach out to them via email at approvals@dot.gov. Let me know if you have any further issues. Regards, Andrew From: Eric Watson@Praxair.com <Eric Watson@Praxair.com> Sent: Wednesday, September 26, 2018 10:01 AM To: Eckenrode, Andrew (PHMSA) <andrew.eckenrode@dot.gov> Subject: RE: Cylinder Re-qualification Andrew, Where are they based no answer at that number Regards Eric Watson Engineering Support Manager-Dominion Gas Telephone +44 1224 215663 Mobile: +44 7711 367505 www. dominion-gas. com From: To: Date: Subject: "Eckenrode, Andrew (PHMSA)" <andrew.eckenrode@dot.gov> "Eric Watson@Praxair.com" <Eric Watson@Praxair.com> 26/09/2018 14:00 RE: Cylinder Re-qualification 4#

Page 7Eric, approach. Regards, Andrew Call 202-366-4511 and ask to speak with someone within the Pressure Vessels Branch. Let me know if you have any issues with that From: Eric Watson@Praxair.com <Eric Watson@Praxair.com> Sent: Wednesday, September 26, 2018 7:43 AM To: Eckenrode, Andrew (PHMSA) <andrew.eckenrode@dot.gov> Subject: RE : Cylinder Re-qualification Hello Andrew, Could you please advise how to contact the Pressure Vessels Branch. Regards Eric Watson Engineering Support Manager-Dominion Gas Telephone +44 1224 215663 Mobile: +44 7711 367505 www.dominion-gas.com From: To: Date: Subject: "Eckenrode, Andrew (PHMSA)" <andrew.eckenrode@dot.gov> "Eric Watson@Praxair.com" <Eric Watson@Praxair.com> 26/09/2018 12:21 RE: Cylinder Re-qualification Eric, If these cylinders are requalified by a RIN holder that is authorized to perform UE testing, there should be no issue. I am trying to avoid making a definitive statement regarding whether it is absolutely necessary as cylinder requalification is not my area of expertise. For a definitive answer, I would recommend talking with our Pressure Vessels Branch and/or requesting a letter of interpretation. Let me know if you have any additional questions. Regards, Andrew From: Eric Watson@Praxair.com <Eric Watson@Praxair.com> Sent: Wednesday, September 26, 2018 3:07 AM To: Eckenrode, Andrew (PHMSA) <andrew.eckenrode@dot.gov> Subject: RE: Cylinder Re-qualification Hello Andrew, As previously advised we have gas cylinders in our fleet which were manufactured by Worthington Cylinders GmbH - Austria, to UN, ISO 9809-2, USA M8304. It is my understanding that these cylinders can be transported within the United States during the 10 year period after manufacture & testing. 5#

Page 8When these cylinders reach their 10 year re-qualification period, we intend to have the cylinders re-tested by UT (UE) in the UK to ISO 6406 standard (or replacement ISO 18119 when issued} Your e-mail indicates that the retesting of these cylinders by UT in the UK to relevant ISO standard will not be accepted for transport in USA? Will a RIN holder be able to requalify these cylinders by UT to satisfy both US DOT & ISO 6406? Regards Eric Watson Engineering Support Manager-Dominion Gas Telephone +44 1224 215663 Mobile: +44 7711 367505 www.dominion-gas.com From: To: Date: Subject: "Eckenrode, Andrew (PHMSA)" <andrew.eckenrode@dot.gov> "Eric Watson@Praxair.com" <Eric Watson@Praxair.com> 25/09/2018 20:03 RE: Cylinder Re-qualification Eric, I ended up having to speak with some folks in our Pressure Vessels Branch about this and they are of the opinion that the cylinder must be requalified by a RIN holder in order to be transported within the United States under the HMR. I do not have a regulatory citation that I can point to that confirms this, so you may want to request a letter of interpretation from our Standards and Rulemaking Division. Regards, Andrew From: Eric Watson@Praxair.com [mailto:Eric Watson@Praxair.com] Sent: Friday, September 21, 2018 5:30 AM To: Special Permits (PHMSA) <specialpermits@dot.gov> Subject: RE: Cylinder Re-qualification Hello Andrew, Have you and your colleague had the opportunity to look into this subject ? Regards Eric Watson Engineering Support Manager-Dominion Gas Telephone +44 1224 215663 Mobile: +44 7711 367505 www. dominion-gas. com From: To: Date: Subject: Sent by: "Special Permits (PHMSA)" <specialpermits@dot.gov> "Eric Watson@Praxair.com" <Eric Watson@Praxair.com> 13/09/2018 17:47 RE: Cylinder Re-qualification "Eckenrode, Andrew (PHMSA)" <andrew.eckenrode@dot.gov> Mr. Watson, 6#

Page 9I am working with my colleague in our engineering office to determine the appropriate response to your below email. I will get back to you shortly. Regards, Andrew Eckenrode From: Eric Watson@Praxair.com fm ailto:Eric Watson@Praxair.com] Sent: Thursday, September 13, 2018 9:27 AM To: Special Permits (PHMSA) <specialpermits@dot.gov> Subject: Cylinder Re-qualification To whom it concerns, We have gas cylinders in our fleet which were manufactured by Worthington Cylinders GmbH - Austria, to UN, ISO 9809- 2, USA M8304. When these cylinders reach their 10 year re-qualification period, we intend to have the cylinders re-tested by UT (UE) in the UK to ISO 6406 standard (or replacement) will this re-test also allow continued use of the cylinders in USA if required? Regards Eric Watson Engineering Support Manager-Dominion Gas Te~phone+441224215663 Mobile: +44 7711 367505 www.dominion-gas.com This e-mail, including any attachments, is intended solely for the person or entity to which it is addressed ond may contain confidential, proprietary and/or non-public material. Except as stated above, any review, re-transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than an intended recipient is prohibited. If you receive this in error, please so notify the sender and delete the material from any media ond destroy any printouts or copies. 7#

Page 10U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, PHH - 33 1200 New Jersey Avenue, Southeast Washington, D.C. 20590 APPROVAL CA2006050031 (15th Revision) ISSUED BY THE COMPETENT AUTHORITY OF THE UNITED STATES EXPIRATION DATE: September 21, 2020 1. APPROVAL HOLDER: Worthington Cylinders GmbH , Austria Beim Flaschenwerk 1 A-3291 Kienberg bei Gaming Austria 2. REGULATORY AUTHORITY: 49 CFR § 107.807 & 178.37 3 . SYNOPSIS: Worthington Cylinders GmbH is authorized to to use the term Cro-Mo ly steel within the required levels for 4130X steel specified in 49 CFR 178.37 for the material used for manufacturing DOT-3AA cyl inders . Worthington Cylinders GmbH, Austria is also authorized to manufacturer DOT 3AA cylinder designs: R0180 100 31 11 Rev 1, N5000 229 26 10, N2000 229 26 10, N1340 204 48 11-1 and UN ISO designs (identified by drawing number): ISO 9809-1 N1600- N65002295811-4, ISO 9809-2 N1500-N62002296611-2 Rev.1, I SO 9809 -1 N1200-N32002045211-1, I SO 9809 -1 R0300-R13501403611- 1 Rev.l, 9809-1 drawing number N1600-N6500 229 47 11-1, 9809-2 drawing number N1500-N6400 229 44 11-1, 9809-2 drawing numbers N1600-N6200 228 60 11-1 and N2500-N8500 268 50 and 9809 -1 drawing number R0600-R1600 17 8 35 11 Rev.1, 9809 - 2 drawing number N2500-N8500 268 50 11, 9809-1 drawing number N1800-N5500 228 87 11-1, N1600-N6200 229 49 11, N3000-N8800 268 30 11 and 9809-2 drawing number N2500-N8500 268 75 11-1 specification cylinders by the Billet manufacturing method at the facility l ocated at the address above, under the supervision of the Independent Inspection Agency identified under section 5(b) of this approval. 4. BASIS: Thi s approva l is issued in response to Worthington Cy linders GmbH, Austria 's application on July 28 , 2017 to add one (1) DOT 3AA design, drawing number: Nl340 204 48 11-1 to their current CA Approval. CA2006050031 (15th Rev) Page 1 of 5 Tracking Number: 2017080056#

Page 115. PERIOD OF VALIDITY AND CONDITIONS OF APPROVAL: This approval does not provide relief from any requirements of the Hazardous Materials Regulations except as stated herein. This approval is valid until the posted expirati on date o r until terminated by the Associate Administrator for Hazardous Materials Safety. a. Approved Authority: The holder of this approval is authorized to Manufacture and Mark the following DOT specification cylinders under the supervision of an independent inspection agency approved for that purpose in accordance with§ 107.803: DOT 3AA, UN ISO 9809-1 and UN ISO 9809-2 Cylinders - Manufactured in accordance with§§ 178.35, 178.37, 178.69, 178 . 70 and 178.71. Only designs on file with the department may be manufactured and marked under the terms of this approval . b. Approved Independent Inspector (IIA): Only the following IIA is currently authorized to conduct onsite inspections at your manufacturing facility: Bureau Veritas Austria GmbH, Prinz-Eugen-Strasse 8-10, A-1040 Wien, Austria c. Registration number: M8304 is your assigned registration number and must be marked on all DOT cylinders manufactured under the terms of this approval. 6. SAFETY CONTROLS: a. If DOT specification cylinder production has not been undertaken for more than six months, The Pipeline and Hazardous Materials Safety Administration must be notified prior to resumption of production. Additional sample testing and/or an onsite inspection may be required prior to resumption of production, at the discretion of PHMSA. b. No deviation from designs, materials, method of manufacture, inspection procedures or any technical information submitted in support of the manufacturer's or CA2006050031 (I 5th Rev) Page 2 of 5 Tracking Number: 2017080056#

Page 12inspector's applications for approval is authorized unless approved in accordance with 6.d. of this approval. c. Failure to assure adequate independent inspection and verification will be grounds for termination or other enforcement action as provided for in the regulations. PHMSA must be notified in writing prior to a change in independent inspection agency service companies. d. Advanced notice and written approval is required before any of the following can be implemented: 1) Technical changes in the manufacturing process or procedures are made. 2) Changes in the approved designs on file. However, additional approval is not required for design changes to the UN ISO designs identified above, provided the changes to the design are within the previously approved design type family as identified in the applicable UN ISO specification on file with PHMSA, and as certified by the currently approved Independent Inspection Agency on file with PHMSA. New designs that fall outside the approved design type family, which are identified as a new design type family within the confines of the authorized UN ISO specification, or production of new UN ISO specification cylinder not currently authorized by PHMSA, must be approved prior to manufacture under the terms of this approval. 3) Adding a new DOT or UN ISO specification design, not meeting the requirements above, or which does not currently have design change criteria listed in the respective UN ISO specification (i.e. UN ISO 11120 tubes), or authorization to manufacture a cylinder specification not currently authorized to be manufactured under the authority of this approval. e. If non-technical information, submitted in your application for approval changes, Approvals and Permits must be notified, in writing, within 20 days. CA2006050031 (15th Rev) Page 3 of 5 Tracking Number: 2017080056#

Page 137. SPECIAL PROVISIONS: a. A current copy of this approval must be maintained and made available for examination at each location where cylinders are manufactured. 8. GENERAL PROVISIONS: a. Failure by any person to comply with the terms and conditions of this approval and the Hazardous Materials Regulations, 49 CFR Parts 171-180, may result in the modification, suspension or termination of that person's authority to use this approval. Failure to comply may also subject that person to penalties prescribed by 49 U.S.C. §§ 5123 and 5124. This approval may be modified, sus pended or terminated in its entirety if that action is justified in light of changes in circumstances or additional information not available when this approval was issued. Unless immediate modification, suspension or termination is necessary to avoid a risk of significant harm to persons or property, befo re action is taken, that person will be notified and provided with an opportunity to show why the proposed action should not be taken. b. Each "Hazmat employee," as defined in § 171. 8, who performs a function subject to this approval must be provided training on the requirements and conditions of this approval in addition to the training required by §§ 172.700 through 172.704. c. Any person operating under the terms of this approval must comply with the security plan requirement in Subpart I of Part 172 of the HMR, when applicable. d. This approval, as revised, supersedes all previous versions. CA200605003 l (15th Rev) Page 4 of 5 Tracking Number: 2017080056#

Page 14Issued in Washington, D.C. Dated: 01/17/2018 ;\ )!ldl!/ 'Jt! _ // ,, ,1/; / ✓--; ./ For William Schoonover Associate Administrator for Hazardous Materials Safety Address all inquiries to: Materials Safety, Pipeline Administration, Department 20590. Attention: PHH-30. Associate Administrator for Hazardous and Hazardous Materials Safety of Transportation, Washington, D.C. CA200605003 I (I 5th Rev) Page 5 of 5 Tracking Number: 2017080056#

Page 15Einschlagskizze ■-~ WORTHINGTON - INDUSTRIES F S81578'11 Gasbezeichnung: Sonderangaben: Abnahmedatum (Jahr/Monat) Leergewicht (ohne Ventil) "UN"-Stempel (Grol1e 10 mm) Abnahmestempel (Bureau Veritas) Schrifthohe: 8 mm#

Page 16Threaded to customer's requirement min. 9,9 Calculation of wall thickness I D ( IO x F x R - Ph x .fj J ~ I Q = - X ] - ' eg = 6,52 mm 2 JO X F X Re g ~ I ~ Guaranteed minimum wall thickness: I ~ a'= 6,6 mm C> &t') - ------r------t-- 00 ..... min. 6,6 ' C> - --- <O F= - = 0, 735 &t') - I 0 229 ±1% _ 0,65 0,65 . Reg / Rmg 990/ 1120 ----- +------- - min. ~ - I I N ..... ..... <D C: It) _J .,;- · e ~~+~,,1 , I / N I &t') .,;- ,..: R~~ ..... N C: C: ·e · e All rights for using and copying of this drawing belong to: COPYRIGHT © 2010 rJ Alie R echte der Benutzung und Vervielfiiltigung dieser Zeichnung liegen bei: +) Allowable gases to be filled: WORTHINGTON • UN1002 Air Beim Flaschenwerk 1 CYL INDERS • Gases of arouo 1,4,5,6,7,8,9, 10 accordina to ISO 11114-1 A-3291 Kienberg/Gaming A Worthington lr1dustries Company Specification Material 34CrMo4 - Steel Yield point (Reg} 990 MPa ISO 9809-2:2010 Heat treatment quenched and tempered U. TS. (Rmg I Rmmax) 1120/1240 MPa T ype EXTRA• 5 Chemical composition Elongation min. 12 % (Lo=S,65 .J So) Name of gas +) C 0,32 - 0,35 % s ,:; 0,005 % Impact value (trans.) A-value 35 Jlcm' Water capacity 15-62 I Mn 0,65 - 0,80 % Cr 0,95-1,15 % ISO-V (-50°C) 8-value 50 Jlcm' Filling weight - kg Si 0,15-0,30 % Mo 0,17-0,27 % Rev. 0 Rev. 1 Rev. 2 Rev. 3 Working pressure (Pw) :S 310 bar p ,:; 0,010 % Ni ,:; 0,20 % PJ Drawn PJ Test pressure (Ph} 465 bar V +Nb+ Ti+B+Zr ~ 0,15 % 29.09.10 Date 05.11 .10 Weight empty 29-80 kg WF Checked WF Title: 04.10.10 Date 05.11 .10 Seamless Steel Cylinder Drw. no. Notes: Manufacturer's process: from billet N1500-N6200 229 6611-2 Rev.1 Burst pressure Pb~ 744 bar; Yield pressure Py~ 633 bar#