{"operation":"document","citation":"19-0079","title":"Entegris, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-12-23","effective_on":null,"summary":"19-0079 response to Entegris, Inc concerning 180.205, 180.209, 180.213, 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0079.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0079.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0079","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73056/190079.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDEC 2 3 2019\nJames V. McManus\nPrincipal Engineer\nEntegris Inc.\n7 Commerce Drive\nDanbury, CT 60810\nReference No. 19-0079\nDear Mr. McManus:\nThis letter is in response to your June 11, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinder requalification\nrecord retention. Specifically, you indicate that a DOT-3AA 2400 specification cylinder was\nsuccessfully requalified in accordance with§ 180.209(a) and marked in accordance with\n§ 180.213(d). During the 5-year requalification period, it was noted by the cylinder owner that\nthe person who requalified the cylinder was no longer in business and the requalification records,\nas required in § 180.215(b ), can no longer be obtained.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether the cylinder can continue to be filled and offered for transportation until\nthe end of its requalification date, as indicated on the cylinder marking.\nA 1. The answer is yes, unless the cylinder owner knows, or a reasonable person, acting in the\ncircumstances, and exercising reasonable care, would have knowledge that the\nrequalification was improperly completed or one of the conditions in§ 180.205(d) has\nbeen met since the cylinder's last requalification. Section 180.215(b) requires that the\nperson who performs cylinder requalification maintain daily records of visual inspection,\npressure test, and ultrasonic examination if permitted under a special permit, as\napplicable, until either the expiration of the requalification period or until the cylinder is\nagain requalified, whichever occurs first. The cylinder marking, in accordance with\n§ 180 .213, serves as an indication that the cylinder has been successfully requalified and\ncan continue to be used in transportation until subsequent requalification is required.\nQ2. You ask whether there is a requirement to ensure continued retention, availability and\nsafeguarding of the requalification records by the company having performed the\ncylinder requalification, subsequent to the closure of that company.\n\n<<<PAGE 2>>>\n\nA2. The answer is yes. The HMR requires a person who performs cylinder requalification to\nmeet the retention requirements in § 180.21 S(b ). If a company closes, the person is still\nsubject to the record retention requirements and would not be in conformance with the\nHMR if not maintaining the records for the period required. As a customer, one can\nalways request copies of requalification documents at completion of requalification to\nensure redundancy of records.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincer l - /~ ,i/4.\n.d~ -\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nC?i~Her\n19-w==rq\nJanuary, lkeya CTR (PHMSA}\nFrom:\nSent:\nTo:\nSubject:\nAttachments: INFOCNTR (PHMSA)\nThursday, June 13, 2019 5:47 PM\nHazmat Interps\nFW: Letter of Interpretation Request\nEntegris Request for Interpretation 49 CFR Part 180 Subpart C.pdf\nHello Alice and lkeya,\nPlease see the attached letter of interpretation request.\nSincerely,\nLynsie, HMIC\nFrom: Jim McManus [mailto:Jim.McManus@entegris.com]\nSent: Tuesday, June 11, 2019 3:56 PM\nTo: INFOCNTR (PHMSA} <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Interpretation\nHello,\nAttached is a letter requesting an interpretation of the hazardous materials regulations in accordance with 49 CFR\n105.20.\nRegards,\nJim\nJim McManus\nPrincipal Engineer\nDangerous Goods Safety Advisor (DGSA)\nM 203-482-1606\nT 203-207-9307\nE jim.mcmanus@entegris.com\n0J Entegris entegris.com\nSO HM!\\ ilf l'Ufif A()YA!HAGf\n7 Commerce Drive\nDanbury, CT 06810 United\nStates\nCONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the\naddressee(s} and may contain confidential and/or privileged information and may be legally protected from disclosure. If\nyou are not the intended recipient of this message or their agent, or if this message has been addressed to you in error,\nplease immediately alert the sender by reply email and then delete this message and any attachments. If you are not the\n1\n\n<<<PAGE 4>>>\n\nlbEntegris\nSpecialty Gos and Engineered Materials\n7 Commerce Drive\nDanbury, CT 06810\n800.766.2681 Toll-Free\n203.794.1100 Direct\n203.792.8040 Facsimile\nwww.entegris.com\nJune 11, 2019\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10\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:\nPursuant to 49 CFR §105.20, this letter is being submitted by e-mail to PHMSA to request an interpretation\non several questions we have related to the Hazard Materials Regulations (49 CFR parts 171 through\n180).\nBackground Scenario:\nA DOT-3AA 2400 specification cylinder was successfully requalified in September of 2017 by a cylinder\nrequalification facility in good standing with PHMSA and with a valid RIN issuance letter. The\nrequalification period for the cylinder is 5 years as specified in 49 CFR §180.209 (a). Subsequent to\nsuccessful requalification, the cylinder was marked in accordance with 49 CFR §180.213 (d) by the cylinder\nrequalifier. After the cylinder owner received the requalified cylinder from the requalification facility, the\ncylinder owner verified the requalification markings were in compliance with 49 CFR §180.213 (d).\nRecently, the requalification facility who requalified and marked the aforementioned cylinder has ceased\noperations and shutdown their business. After the cylinder owner learned of this situation, the cylinder\nowner attempted to obtain copies of the requalification records as are specified in 49 CFR §180.215 (b),\nfor said cylinder, from the cylinder requalifier. The cylinder owner was unable to obtain a copy of the\nrequalification records for the cylinder as no person could be contacted from the defunct requalification\nfacility.\nQuestion 1:\nBased on the description of the cylinder given in the above scenario, can the cylinder owner fill the cylinder\nwith a hazardous material and offer it for transport as long as it is not due for requalication based on the\ncurrent requalification markings or does the cylinder need to be requalified prior to filling as\nrequalification records cannot be obtained from the cylinder requalifier.\nQuestion 2:\nWhen a business conducting cylinder requalification becomes defunct, is there any requirement in the\nhazardous materials regulations to ensure continued retention, availability and safeguarding of the\nrequalification records produced by the requalification facility subsequent to their closure?\n\n<<<PAGE 5>>>\n\nEntegris greatly appreciates PHMSA's attention to this matter and looks forward to a response that further\nclarifies our understanding of the hazardous materials regulations.\nShould PHMSA require additional details to process this interpretation, please contact me using the\ncontact information listed below.\nSincerely,\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":7328}