{"operation":"document","citation":"21-0100","title":"Hydro-Test Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-01-19","effective_on":null,"summary":"21-0100 response to Hydro-Test Products, Inc. concerning 180.209, 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76216/210100.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 19, 2022\nCarlos Graca\nHydro-Test Products, Inc.\n85 Hudson Road\nStow, MA 01775\nReference No. 21-0100\nDear Mr. Graca:\nThis letter is in response to your October 27, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to recordkeeping\nrequirements for specification cylinders. You state that the current regulations in § 180.215 and\nthe changes made by the HM-234 final rule [85 FR 85380; 12/28/2020] outline informational\nrequirements for the pressure test and test system verification, yet the information required to be\nrecorded appears to be geared towards volumetric expansion testing. As an example, you note\nthat for a proof pressure test, there are no expansion values available to be recorded. Therefore,\nyou seek clarification regarding the necessary information that is required on a record for a proof\npressure test.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask what information is required to be recorded for both the test system verification\nand the performance of a proof pressure test.\nA1. Because a proof pressure test does not provide expansion values when verifying system\naccuracy or testing a cylinder, a person does not need to provide the information for\n“elastic and permanent expansions” or the “percent permanent expansion.” Absent the\nexpansion related data points, a person is still required to provide the remaining\ninformation outlined in § 180.215(b) as part of the daily test verification and actual test\nrecord. Moreover, CGA C-1 provides instruction associated with the proof pressure test\nfor accuracy verification of a test system for both liquid and gas-based systems and notes\na record of the verification must be made (see section 7.3 of CGA C-1). This relates back\nto the requalification record maintenance of § 180.215(b).\nQ2. With respect to recordkeeping, you ask whether it is appropriate for PHMSA to reference\na publication (e.g., CGA C-1) that does not offer any guidance on recordkeeping\nprocedures for a proof pressure test or the accuracy verification of the test system.\nA2. PHMSA disagrees with the characterization of the requalification requirements as\ninappropriate. The cylinder reporting and record retention requirements are found in\n\n<<<PAGE 2>>>\n\n§ 180.215 and outline the data points to be included in the record. CGA C-1 supplements\nthe reporting requirements for requalification of cylinders by providing instruction on\nhow to properly verify test system accuracy and performing a test for requalification such\nthat accurate information can be recorded. As provided in answer “A1,” a person\nperforming a proof pressure test is required to record all relevant information with the\nexception of expansion method data points.\nQ3. You ask whether the new requirement to provide the manufacturing date and the gas\nservice information is applicable for the proof pressure test.\nA3. The answer is yes. As explained in the preamble of the HM-234 final rule, this\ninformation is useful for determining the eligibility of a cylinder for different\nrequalification methods—for example—the proof pressure test in § 180.209(e) is only an\noption for cylinders filled with non-corrosive gas that is commercially free from\ncorroding components. Thus, providing this information is relevant whether performing a\nrequalification test by expansion method or by proof pressure method.\nQ4. You ask whether a facility that has been approved and issued a requalifier identification\nnumber would be in violation of the HMR if the facility used the sample forms as\nprovided in the CGA C-1 as is.\nA4. The forms provided in the Appendices of the CGA C-1 pamphlet are sample forms\nprovided to show how relevant information for cylinder requalification can be presented.\nShould a person choose to record data using the format of the sample forms, any missing\ninformation required by § 180.215(b) would need to be supplemented on the form or\nomitted as applicable.\nFinally, please note that although the CGA C-1 provides sample forms for a person to utilize,\nthese forms are not specifically required forms that must be used. A person may create a record\nusing a format that best suits their individual needs provided all relevant data points are\ndocumented.\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 3>>>\n\nBaker\n21-0100\nFrom: Patrick, Eamonn (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Recording Requirements\nDate: Tuesday, November 9, 2021 11:28:01 AM\nAttachments: Interpretation letter.pdf\nFrom: Carlos Graca <Carlos@hydro-test.com>\nSent: Wednesday, October 27, 2021 2:34 PM\nTo: Patrick, Eamonn (PHMSA) <eamonn.patrick@dot.gov>; Hazmat Interps\n<hazmatinterps@dot.gov>\nSubject: Recording Requirements\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nDear Patrick,\nAttached is a request for clarification and interpretation concerning the recording requirements\nunder CFR49, section 180.215. I would very much appreciate an expedited reply. Please contact the\nundersigned with any questions. Thank you and I look forward to hearing back from PHMSA.\nBest regards,\nCarlos Graca\nHydro-Test Products, Inc.\n85 Hudson Rd\nStow, MA USA 01775\n978-897-4647 ext.14\nEmail: carlos@hydrotest.com\n\n<<<PAGE 4>>>\n\nStandards and Rulemaking Division\nPipeline and Hazardous Materials\nSafety Administration, Attn: PHH-10\nU.S. Department of Transportation\nEast Building 1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Test record forms\nHydro-Test Products is a leading manufacturer of cylinder re-qualification equipment and offers\nrequired training on same.\nI am requesting answers or interpretations on CFR49 section 180.215, record keeping requirements. The\ncurrent regulations as well as the “new” regulations going into effect this December details what\ninformation is required on the pressure test record and test system verification forms. However, the\ndetails are strictly for volumetric testing. There is no mention of what is required when performing a\nproof test. Where a proof pressure test is allowed under sections 180.209(j) and 180.209(e) much of the\ninformation required under 180.215 is not applicable or available. For example, a proof test does not\nutilize a water jacket and therefore no expansion values are available. When verifying system accuracy,\nit is impossible to utilize a calibrated cylinder and measure expansion values, yet 180.215 requires these\nvalues to be recorded. Questions are as follows:\n1) What information is required to be recorded for both verification and actual testing of a cylinder\n2) 3) 4) under a proof test?\nThe sections 180.209(j) and (e) both state that the proof pressure test be performed in\naccordance with the CGA C-1 pamphlet. However, the CGA C-1 pamphlet does not detail what is\nrequired to be recorded when performing a proof test or the verification of a proof test system.\nIs it appropriate for PHMSA to reference a publication that does not offer any guidance on\nrecording procedure of a proof test, yet reference that pamphlet for the same?\nThe new regulations require that the manufacturing date and gas service be recorded. Is this\nnew requirement applicable on a proof test? Again, this is unclear because there is no guidance\nin the C-1.\nThe sample volumetric test record form and verification form in the CGA C-1 do not have all of\nthe information as required under CFR49 section 180.215. Would a licensed re-qualification\nfacility be in violation if the facility uses the form as depicted in the referenced and required\nCGA C-1 pamphlet?\nHydro-Test has expended many hours and funds in trying to meet these new regulations for its\nequipment and training modules. Since these regulations are going into effect soon, I would ask that\nPHMSA please prioritize this request and offer detailed answers to the above questions.\nSincerely,\nCarlos Graca\nCylinder Re-Qualification Training Manager\n85 Hudson Road Stow, Massachusetts 01775 USA\nTel Tel Tel Tel # # # # 978-897-4647 Ext.14 Fax # Fax # Fax # Fax # 978-897-1942 Email Email Email Email: Carlos@Hydrotest.com","truncated":false,"body_characters":8490}