Maryland Department of Environment — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 JAN O 9 2020 Michael Polinski Maryland Department of Environment 1800 Washington Blvd, Suite 105 Baltimore, MD 21230 Reference No. 19-0045 Dear Mr. Polinksi: This letter is in response to your April 3, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to the definition of a bulk packaging for a gas. Based on subsequent phone conversations, we have rephrased some of the details of your question. You describe two cylinders, i.e., ASME specification cylinder (similar to the DOT 4B specification) and DOT 4B, respectively, and indicate that both cylinders have a water capacity of 1000 pounds and a volumetric capacity of 120 gallons. You also indicate that both cylinders are filled with propane. You ask whether the cylinders are a bulk packaging or a non-bulk packaging. A DOT 4B cylinder with a water capacity of 1,000 pounds or less is a non-bulk packaging. Per the definition of a bulk packaging in § 171.8, a cylinder with a water capacity greater than 454 kg (1,000 pounds) that is used as a receptacle for a gas, as defined in§ 173.115 of the HMR, is considered bulk. Furthermore, in accordance with § 171.10, where metric units appear, they are considered the regulatory standard of the HMR. In this instance, the metric unit of 454 kg appears and thus is the standard; and converts to approximately 1,001 pounds of water. Therefore, provided the cylinder has a water capacity of not more than 454 kg, the cylinder meets the definition of a non-bulk packaging, regardless of the gallon conversion ( e.g., 454 kg = ~119.8 gal). Also, note the definition of bulk packaging is used for purposes of the HMR and only applies to packagings transported in commerce. The same principle would apply to an ASME specification cylinder with a described volumetric capacity of 120 gallons. However, only in some situations may an ASME specification cylinder filled with a hazardous material be offered into transportation in commerce. I hope this information is helpful. Please contact us if we can be of further assistance. sm~ll J?P~ Chief, Standards Development Standards and Rulemaking Division#

Page 2Ci c ccx.eD(l.Q__ l9-cafb January, lkeya CTR (PHMSA) From: Sent: To: Subject: Attachments: Geller, Shelby (PHMSA) Thursday, April 04, 2019 11:31 AM Hazmat Interps FW: Interpretation of Bulk Packageing for Receptacle for Gas Bulk packaging.docx Hi Alice and lkeya, See the below request for a letter of interpretation. Thanks, Shelby From: Michael Polinski -MDE [mailto:michael.polinski@maryland.gov] Sent: Wednesday, April 3, 2019 1:47 PM To: Geller, Shelby (PHMSA) <shelby.geller@dot.gov> Subject: Interpretation of Bulk Packageing for Receptacle for Gas To whom it may concern I am requesting an interpretation with regards to Bulk Packagings of Receptacles for a gas as described in the attachment of this email. My address is as follows: Maryland Dept of Environment 1800 Washington Blvd, Ste 105 Baltimore, MD 21230 Phone#: 410-808-0571 p-1,, clr~rl-< +t .-H L/rD -S)::J--3~1J Michael Polinski Click here to complete a three question customer experience survey. 1#

Page 3To whom it may concern Subject: Bulk Package Definition on Receptacle for a gas. Scenario: ASME 120 and DOT 4B Upright Cylinders for Liquiefied Petroleum Gas. lnspection of a Straight Body Service Truck carrying an ASME 120 or an DOT 4B upright cylinder for Propane. Regulation: §171.8 Definitions and abbreviations. Bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has: (1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; (2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or (3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in § 173.115 of this subchapter. Equation: 120 Gal x 8.3333333333 Weight of Water= 1,000 Lbs Water Capacity. Or 1,000 Lbs Water Capacity 7 120 Gal= 8.3333333333 Weight of Water. Question: Are the ASME 120 and/or DOT 4B Upright Cylinders Bulk or Non-Bulk Packages as defined by the Definition in 171.8 Bulk Packaging? Both Cylinders have a WC of 1,000 Lbs with 120 Gal's of Water. An Interpretation with regards to these packagings is requested so further confusion regarding this part of the regulations can be settled.#