{"operation":"document","citation":"23-0043","title":"Qnergy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-08-24","effective_on":null,"summary":"23-0043 response to Qnergy concerning 173.159, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77831/230043.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 24, 2023\nMr. Allen Peterson\nProduct Applications Mechanical Engineer\nQnergy\n300 W 12th St.\nOgden, UT 84404\nReference No. 23-0043\nDear Mr. Peterson:\nThis letter is in response to your April 14, 2023, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to battery-powered equipment\nor machinery. In your email, you state that your company offers for transportation stand-alone\nbattery-powered electrical equipment that provides electricity at remote jobsites when gaseous\nfuel is supplied by customers to enable electrical power generation. You also state that the\nequipment does not self-contain fuel and is completely purged of all fuel during transport. You\nfurther state that this generator equipment contains an upright, non-spillable, wet battery securely\ninstalled within the equipment’s strong outer enclosure—as well as machinery you describe as a\n“refrigerating machine” that uses a hermetically sealed mass of heat transport media (compressed\nhelium) to enable cooling of the combustor and conversion between heat transfer, pressure work,\nmotion, and electricity. You request confirmation that this stand-alone battery-powered\nelectrical equipment as described in your email is excepted from all requirements of the HMR in\ncompliance with § 173.220.\nIn accordance with § 173.220(h), shipments made under the provisions of § 173.220 are not\nsubject to any other requirements of the HMR for transportation by motor vehicle or rail car.\nBased on the description in your email, it appears that this stand-alone battery-powered electrical\nequipment would meet these provisions. Please note that a battery-powered generator must meet\nthe requirements specified in § 173.220(c), which states that batteries must be securely installed,\nand wet batteries must be fastened in an upright position. Batteries must also be protected\nagainst a dangerous evolution of heat, short circuits, and damage to terminals in conformance\nwith § 173.159(a) and leakage; or must be removed and packaged separately in accordance with\n§ 173.159.\nFurther, § 173.220(f)(1) states that items containing other hazardous materials that are integral\ncomponents of the equipment—and that are necessary for the operation of the equipment, or for\nthe safety of its operator or passengers— are not otherwise subject to the requirements of the\nHMR. Based on your description of the compressed helium contained in the “refrigerating\nmachine” element of the generator, the “refrigerating machine” would meet this provision.\nPlease note that the item containing other hazardous materials must be securely installed in the\nequipment.\n\n<<>>\n\nLastly, please note that this stand-alone battery-powered electrical equipment may not be\nexcepted from all other requirements of the HMR when transported by aircraft or vessel. Please\nsee the provisions in § 173.220(h)(2) and (3) for transportation by aircraft or vessel.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nLarson\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Qnergy PowerGen - Interpretation Request\nDate: Wednesday, April 26, 2023 8:26:23 AM\nAttachments: image001.png\n7030-102137-000.pdf\n23-0043\nGood morning Alice,\nPlease see the attached interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Allen Peterson \nSent: Friday, April 14, 2023 3:31 PM\nTo: INFOCNTR (PHMSA) \nCc: Steve Maughan ; Ory Zik \nSubject: Qnergy PowerGen - Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nAttention: PHMSA's Office of Hazardous Materials, Information Center\nRegarding: Qnergy PowerGen products and compliance with regulation.\nReference: Qnergy document 7030-102137-000 Rev A ( 20230414 )\nQnergy requests confirmation that the attached letter represents proper interpretation of\nregulations.\nThe attached describes Qnergy’s PowerGen as battery-powered equipment, containing non-bulk\nquantities of hazardous material which are necessary for equipment operation. Please confirm that\nPowerGen products are excepted from regulation according to the specific exceptions identified.\nThank you for confirming this interpretation. Please look at the Qnergy website for any additional\nproduct information and for details about PowerGen if needed.\nQnergy Engineering.\nAllen Peterson\n\n<<>>\n\nProduct Applications\nMechanical Engineer\nMobile: +1 801.833.4531\nEmail: Allen.Peterson@Qnergy.com\nWebsite: qnergy.com\nAddress: 300 W 12th St., Ogden, UT 84404\nThis email or attachments includes Confidential Information, proprietary information, and sensitive information that must be\nprotected against unauthorized disclosure. If you have received this email in error, do NOT copy or retain the documents. Please\nimmediately destroy them and promptly notify the sender.\n\n<<>>\n\nOry Zik\n300 W 12th St.\nOgden, UT 84404\nwww.qnergy.com\n(617) 943-3215\nOry.Zik@Qnergy.com\nStandards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\n(800)467-4922\ninfocntr@dot.gov\nATTN: PHH-10,\nRegarding: Interpretation of Federal Regulations, Title 49/Subtitle B/Chapter I and its subparts (‘the Code’).\nAccording to the Code, section 105.20 and its parts, regarding compliance with, and interpretation of\nregulations:\nQnergy requests review and approval of its interpretation of the Code, as applied to the following\ncommercial products.\nQnergy Inc. offers products for commerce and for international, interstate, and intrastate transportation. These\nproducts include standalone, ‘battery-powered,’ stationary electrical equipment. Such Qnergy machinery\nprovides electricity at remote jobsites when gaseous fuel is supplied by customers to enable electrical power\ngeneration. Qnergy equipment does not self-contain fuel and is completely purged of all fuel during transport.\nQnergy identifies products of this type within its ‘PowerGen’ model group, and possibly other future naming.\nQnergy generator equipment is excepted from the Code according to the following interpretation logic:\nIdentification of Hazardous Material\nPowerGen standalone generators necessarily include an upright, non-spillable, wet battery. PowerGen batteries\nare securely installed within the equipment’s strong outer enclosure, in conformance with the Code, section\n173.159(a). Within the Code, Table 172.101, a PowerGen battery is identified as:\n• UN2800, Division 8, Packaging group III, hazardous material\n• PowerGen typically uses one battery, massing approximately <30kg TOTAL, which is non-bulk\ntransportation.\nPowerGen consumes gaseous fuel to generate useful electricity for its users. To operate, PowerGen requires a\nfirst combustion subfunction, which releases heat from customer-supplied onsite fuel sources. A second\nrequired subfunction is power conversion. A proprietary, heat-pumping converter directly cools the combustion\nequipment. Absorbed heat is processed within the converter by means of a closed, reversible thermodynamic\npower cycle, creating pressure work, and then directly driving motion of an electrical alternator to generate AC-\nelectrical power available to users. The cooler/converter is directly heated by the combustor and can therefore\nbe referred to as an externally heated converter (EHC). Qnergy tradename for the EHC is presently QB80 but\nQnergy might choose different, alternative model naming over time.\n7030-102137-000rA RELEASED 1\n\n<<>>\n\nThe Code, Table 172.101, directs to Exception 173.307(a)(4)(i), applicable to either type of Division 2.2 heat\nPowerGen’s EHC contains a hermetically sealed mass of heat transport media to enable cooling of the\ncombustor and then also conversion between heat transfer, pressure work, motion, and electricity. Within the\nCode, Table 172.101, the specific EHC cooling media is identified as:\n• UN1046, Division 2.2, compressed gas.\no This is helium. It is inert, non-flammable, non-oxidizing, non-poisonous, non-liquefied, non-toxic,\nand not a hazard once decompressed.\n• EHC cooling media will typically mass approximately <0.5kg, which is non-bulk transportation.\n• Qnergy may use UN1066, Division 2.2 compressed gas as an alternative media in future EHC’s.\nExceptions:\ntransfer media transported within PowerGen. PowerGen is excepted from all of Chapter C requirements, since\nthe EHC and its media act together as a ‘refrigerating machine.’ A fixed pre-charge of compressed gas enables\nthe EHC to cool the PowerGen combustion function.\nThe term ‘refrigerating machines’ is not explicitly defined within the Code. Qnergy interprets the wording as:\n• Refrigerating machines are equipment which remove heat from some other source (the combustor).\no Sub-ambient cooling capability is not explicitly required for refrigerating machines but is a well-\nknown capability when using ‘reversible’ power cycle EHC equipment of this type. If the\ncombustion subfunction of PowerGen is disabled, and the PowerGen EHC subfunction remains\noperational, then the EHC heat exchanger temperature drops below ambient. Frost forms on\nthe heat absorber by freezing relative humidity out of local ambient air.\nBoth the EHC heat transfer media, and the non-spillable wet battery are integral to PowerGen and are necessary\nfor operation of the off-grid generator, once deployed, and commissioned at a remote jobsite. According to the\nCode, Subchapter C, Exception 173.220(f)(1), both hazardous materials identified in this letter are excepted\nfrom all of Subchapter C requirements, since they are both integral components that are necessary for\noperation of the mechanical equipment.\nPowerGen contains relatively small, non-bulk amounts of hazardous material within its strong outer enclosure\nbut is excepted from ALL of Subchapter C commercial transportation requirements within the Code.\nPlease verify approval of Qnergy’s interpretation of the Code or let us know if you have any questions.\nThankyou.\nSIGN DATE\n________ _2023, April 5_\nOry Zik Steve Maughan TBD Lawyer Signature Norman Newhouse ________ _2023, April 5_\n________ _2023, April 5_\n________ _2023, April 5_\n7030-102137-000rA RELEASED 2\n\n<<>>\n\nPowerGen Background Information – More information on PowerGen is available from the Qnergy website.\nhttps://qnergy.com/powergen-series/\n7030-102137-000rA RELEASED 3","truncated":false,"body_characters":10986}