{"operation":"document","citation":"03-0128","title":"Bioconvergence, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-07","effective_on":null,"summary":"03-0128 response to Bioconvergence, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030128.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nJUL 7 2003\nMr. Scott Kobryn\nRef. No. 03-0128\nPresident\n2801 Long Road\nBioconvergence, Inc.\nGrand Island, New York 14072\nDear Mr. Kobryn:\nThis responds to your May 13, 2003 letter requesting clarification the applicability of the Hazardous\nMaterials Regulations (HIMR; 49 CFR Parts 171-180) to your magnesium alloy turnings, which are\nshipped to your plant as \"Magnesium alloys, UN 1869, 4.1, PG III\" (with more than 50 percent\nmagnesium in pellets, turnings or ribbons). Specifically, you ask if the magnesium alloy solids produced\nin your recycling process are regulated under the HMR.\nAccording to your letter, after receiving the magnesium alloy turnings, you use a washing and drying\nprocess that removes oil and contaminants from the turnings, producing a clean, dry turning. You\ncreate magnesium alloy solid shapes from the magnesium alloy turnings in your recycling process using\nhigh-pressure briquetting equipment. These clean and dry alloy turnings are compressed into blocks at\nhigh pressure to create magnesium alloy solid shapes that are approximately 92% of solid ingot density.\nThe magnesium alloy solids are then shipped to your customers for use as a replacement for magnesium\ningot.\nYou state that the magnesium alloy solids produced by your company no longer meet the defining\ncriteria in Part 173 of the HMR for \"Magnesium alloys, UN 1869, 4.1, PG II\". Therefore, you want\nto ship these magnesium alloy solids as non-hazardous, Recovered Magnesium Alloy Solids. Under\n§ 173.22, the shipper is responsible for assigning the appropriate hazard class for the hazardous\nmaterial according to the HMR. This Office does not normally perform that function. Based on the\ninformation provided in your letter, it is the opinion of this Office that if your recycled magnesium alloy\n173,22\n030128\n\n<<<PAGE 2>>>\n\nsolids in the recycled form no longer meet the defining criteria for Division 4.1 materials or any other\nhazard class defined in Part 173 of the HMR, and, they are not a hazardous waste, hazardous\nsubstance, or marine pollutant, they are not subject to the HMR.\nI hope this answers your inquiry.\nSincerely,\nKusan Gorsks\nSenior Transportation Regulations Specialistt\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n05/13/2083\n16:37\n7167738162\nISLECHEM\nPAGE\n01\nBioconvergence, Inc.\nPhone 716.773.8554 - Fax 716.773.8459 - email: skobryn3@cogeco.ca\n2801 Long Road, Grand Island, NY 14072\nMay 13j2003\nBoothe\n172-101(c)\nDirector, Office of Hazardous Materials Standards\nAttention; Edward I. Mazzullo\nclassification\n400 7* $t. SW.\nUS / R$PA (DHM-10)\n03-8128\n20590-0001\nWashington, DC\nDear Mr. Mazzullo;\nI at eracting you with regard to clarification and to request DOT excingtion: for the metals solids\nproduced by our company, Bioconvergence, Inc. (BCI). I have recently spoken with Phil Olsen of your\noffice regarding this matter.\nBCI is in the magnesium metal recycling business, specifically magnesium alloy turnings which are\nhippeg to our plant as UN1869, 4.1, Packing Group 3. These turnings are genexated by companies whi\nnachine magnesium alloy castings, such as automotive transfer cases which are first die-cast and ther\nremoves oil and contaminants from the turnings and produces a clean and dry turning. We have recently\nmachined to final net shape. After BCI receives the turnings, we utilize a washing and drying process that\ninstalled high-pressure briquetting equipment that now creates magnesium alloy solid shapes from these\nturning. Essentially, the clean and dry alloy turnings are compressed into blocks at high pressure to\ncreate magnesium alloy solid shapes that are approximately 92% of solid ingot density.\nThe magnesium alloy solids are then shipped to BCT's customers for use as a replacement for magnesium\ningot. Our customers use these magnesium alloy solids as an alloying addition in the manufacture of\naluminim.\nBecause the magnesium alloy solids that BCI produces and ships no longer fit within the definition of\nUN1809, we are requesting a DOT exemption to enable our company to ship these solids as n-\nhazardous, Recovered Magnesium Alloy Solids.\nWe apreciate your consideration of our request. Thank you.\nSincerdly;\nScot kimp\nScott Ibbryn\nPresident","truncated":false,"body_characters":4344}