Q3. You ask whether the recertification (i.e., the requalification) requirements in 49 CFR Part 180 are applicable to stationary cylinder systems installed in a building and refilled by a third party.
A3. The answer is yes if the cylinders are represented as meeting the requirements of the HMR. Section 180.3(a) states no person may represent a packaging, such as a cylinder, as meeting the requirements of Part 180 whether or not it is intended to be used for the transportation of a hazardous material. If the owner of the DOT specification cylinder wishes to continue to use the cylinder but does not wish to re-qualify the cylinder as a DOT specification cylinder, the owner must cover or obliterate any DOT specification markings.
See full letter below…
Q1. You ask whether a stationary set of DOT specification cylinders that are stored onsite and periodically refilled by a third party are subject to the HMR.
A1. The answer is it depends. The use of the cylinders is not subject to the HMR. However, if the cylinders are represented as meeting the requirements of the HMR, they are subject to certain requirements of the HMR. In accordance with § 171.2(g), representing a packaging (i.e., a container) as meeting the requirements of the HMR governing its use in transportation is prohibited unless it meets applicable requirements whether or not the container is used or is to be used for the transportation of a hazardous material.
Therefore, if the container is not maintained or qualified for use in transportation, the DOT specification marking must be covered or obliterated.
Q2. You ask whether the maximum filling requirements listed in § 173.304a(a)(2) are applicable to stationary cylinder systems installed in a building and refilled by a third party.
A2. The answer is no. Cylinders that are filled and used at a private work-site and not offered for transportation in commerce are not directly regulated under the HMR, but in fact come under the jurisdiction of Occupation Safety and Health Administration (OSHA) Standards. It should be noted that based on 29 CFR § 1910.101, if the owner of the cylinder wishes to fill and continue to use the DOT specification cylinder but does not wish to requalify the cylinder as a DOT specification cylinder, they must cover or obliterate any DOT specification markings even when used entirely on private property.
Q3. You ask whether the recertification (i.e., the requalification) requirements in 49 CFR Part 180 are applicable to stationary cylinder systems installed in a building and refilled by a third party.
A3. The answer is yes, if the cylinders are represented as meeting the requirements of the HMR. Section 180.3(a) states no person may represent a packaging, such as a cylinder, as meeting the requirements of Part 180 whether or not it is intended to be used for the transportation of a hazardous material. If the owner of the DOT specification cylinder wishes to continue to use the cylinder but does not wish to re-qualify the cylinder as a DOT specification cylinder, the owner must cover or obliterate any DOT specification markings.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
171.2(g), 173.304a(a)(2), 180, 180.3(a)
Source: https://www.phmsa.dot.gov/regulations/title49/interp/23-0003