{"operation":"document","citation":"20-0016","title":"SDS Refrigerant Service — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-04","effective_on":null,"summary":"20-0016 response to SDS Refrigerant Service concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73771/200016.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 5, 2020\nBrian Conners\nEPA Certified Reclaimer\nSDS Refrigerant Service\n4301 N. Delaware Avenue\nPhiladelphia, PA 19137\nReference No. 20-0016\nDear Mr. Conners:\nThis letter is in response to your February 18, 2020, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities\nof compressed gases. In your letter, you describe a refrigerant gas industry practice where\ncompanies facilitate transportation of DOT 39 cylinders containing “UN1028,\nDichlorodifluoromethane” (refrigerant gas R12) as limited quantities. You note, with regard to\nthese cylinders, that they are transported for purposes of reclaiming any remaining R12 in the\ncylinder because the gas is no longer produced. Further, you describe the shipping practice by\nreclaimers which involves providing a prepaid packaging that displays a limited quantity mark.\nFinally, you state that the cylinders are shipped by ground transportation as limited quantity\nmaterial provided each completed package is less than 66 pounds. Specifically, you ask whether\nthe use of the limited quantity provisions provided in § 173.306 is permitted for transportation of\na DOT 39 cylinder containing R12 having a fluid capacity of 480 ounces and weighing up to 66\npounds.\nThe answer is no. Although “UN1028, Dichlorodifluoromethane” is an eligible material for the\nexceptions provided in § 173.306 (Limited quantities for compressed gases), a non-refillable\nDOT 39 cylinder with a fluid capacity of 480 ounces is not an authorized packaging for the\nexceptions listed in § 173.306.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nSOS Refrigerant Services\n4301 N. Delaware Ave\nPhiladelphia PA 19137\nFebruary 18, 2020\nHazardous Materials Information Center\ninfocntr@dot.gov\nRe: 49 CFR § 173.306 Limited quantities of compressed gases\nDear Info Center Team;\nIs the practice of ground shipping (via UPS or similar) 30Ib. and 50Ib. DOT 39 compressed gas cylinders\ncontaining liquified Dichlorodifluoromethane (R12) UN1028 packaged and labeled as Limited Quantity\nCompressed Gas allowed using Section §173.306?\nWe are requesting guidance on an industry interpretation of a 49 CFR § 173.306 Limited quantities of\ncompressed gases. The practice of ground shipping DOT 39 Cylinders containing\nDichlorodifluoromethane (R12) UN1028 is becoming commonplace in our industry as long as the\npackaging and material is less than 66 lbs. We interpret section §173.306(a)1 would apply and therefore\nLimited Quantity would not apply to a single non refillable metal cylinder of 480 oz fluid capacity weighing\n36 lb.\nChlorofluorocarbon refrigerants, specifically, Dichlorodifluoromethane (R12) UN1028 is being collected by\nrefrigerant reclaimers in the United States. This refrigerant has not been produced in over 20 years. There\nare still many small cylinders that have been in storage or are no longer needed for servicing older\nequipment.\nReclaimers have been sending a prepaid box with a ground shipping label using the Limited Quantity\nrules (49 CFR § 173.306 - Limited quantities of compressed gases) to anyone who offers the material for\nsale to facilitate shipment to their reclamation facility. The HVAC and Automotive supply industry typically\nused a cylinder manufactured to the DOT 39 Specification for sale and distribution. (49 CFR § 178.65 -\nSpecification 39 non-reusable (non-refillable) cylinders). These cylinders came in many sizes but the\ncommonly sold version was 30 lbs. and 50 lb. versions.\nIn looking at 49 CFR § 173.306 we believe ground shipment via companies like United Parcel Service\n(UPS) Ground using the Limited Quantities of compressed gases is allowed for cylinders of 4 fl oz. or\nless. Section 49 CFR § 173.306 covers many different products. We are specifically concerned with Non\nFlammable Refrigerants (Division 2.2 ) shipped in DOT39 cylinders commonly used in the HVAC and\nMVAC industry weighing up to 66 lbs.\nWe interpret;\n#1 - The exception must be permitted under 49 CFR § 171.101; In this case Chlorodifluoromethane\n(R12) does have a listed exception.\n\n<<<PAGE 3>>>\n\n§ 173.306 (a) Limited quantities of compressed gases for which exceptions are pennitted\nas noted by reference to this section in §172.101 of this subchapter are excepted from labeling,\nexcept when offered for transportation or transported by air, and, unless required as a condition\nof the exception, specification packaging\n#2 - The package (material, contents, packaging, etc.) must not exceed 66 lbs.\n§ 173.306 (a) .. .... Except as otherwise provided in this section, each package may not\nexceed 30 kg (66 lbs.) gross weight.\n#3 - § 173.306 (a) 1 -Applies specifically to containers of not more than 4 fluid ounces. In this particular\ncase the DOT39 cylinders are 30Ib or 50Ib capacity (480 oz I 800oz). The cylinder in question is greater\nthan 4 fluid ounces and therefore not allowed.\n§ 173.306(a)1 When in containers of not more than 4 fluid ounces capacity (7.22 cubic\ninches or less) except cigarette lighters. Special exceptions for shipment of certain compressed\ngases in the ORM-0 class are provided in paragraph (i) of this section)\nWe believe the balance of§ 173.306 is for materials, containers, and conditions that do not apply to our\nexample.\n#4 - § 173.306 (a)2\n#5 - § 173.306 (a)3\n#6 - § 173.306 (a)4\n#7 - § 173.306 (a)5\n#8 - § 173.306 (b)\n#9 - § 173.306 (c - d) Reserved\n#10 - § 173.306 (e)\n#11 -§ 173.306 (f)\n#12 - § 173.306 (g)\n#13 - § 173.306 (h)\n#14 - § 173.306 (i)\nThank you for time and effort in the matter.\nSincerely,\nBrian Conners\nPresident\n215-416-0739\nSDS Refrigerant Services\nEPA Certified Reclaimer","truncated":false,"body_characters":5942}