Guidanceguidance
09-0262R
Elkem Metals, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research09-0262R
Page 1U.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE Washington. DC 20590 NOV 1 6 2009 Mr. George Scott Assistant Manager of Sourcing And Logistics Elkem Metals Inc. P. O. Box 366 Pittsburgh, P A 15230 Ref. No. 09-0262R Dear Mr. Scott: This is in reference to your November 9, 2009 e-mail requesting us to provide an updated confirmation that your company's ferrosilicon products remain not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state no changes have been made in these products' chemical formulations since issuance ofour March 22, 1996 and March 2, 1998 letters. As prescribed in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. However, based on the test data provided, we concur that your company's ferrosilicon products ranging in concentrations of 70 - 78 percent and 46 - 50 percent silicon do not meet the definition of a Division 4.3 material. Furthermore, if the ferrosilicon does not meet any other hazard class definition prescribed in Part 173 and is not a hazardous waste, the products are not subject to the HMR. On May 6, 1997, we published a final rule under Docket HM-215B (62 FR 24690) which made editorial revisions to the classification criteria for Division 4.3 materials. The final rule removed the Division 4.3 classification testing requirements from Appendix E of the HMR and added a reference to the UN Recommendations on the Transport ofDangerous Goods Manual of Tests and Criteria (UN Manual) to § 173.1 24(c). However, the requirements contained in the UN Manual were and continue to be virtually identical to those contained in the HMR at the time our previous letters were issued. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. S~ ~~~+--~ f5t;> Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#
Page 2Drakeford, Carolyn (PHMSA) From: Mitchell, Hattie (PHMSA) Sent: Monday. November 09, 2009 2:39 PM Mii-t:htd I To: Drakeford, Carolyn (PHMSA) Subject: FW: FerroSilicon 75% and 50% ~/72-J(j1 Attachments: Ferrosilicon 75 and 50.pdf; Numeriser0005.pdf 9/73. 27 4P/tCO-kJl~/, ~ ~ Ott -02(0 Z. Ferrosilicon 75 and NumeriserO005.pdf 50. pdf (54... (54 KB) Please log in. -----Original Message----From: george.scott@elkem.com [mailto:george.scott@elkem.comj Sent: Monday, November 09, 2009 11:36 AM To: Mitchell, Hattie (PHMSA) Subject: FerroSilicon 75% and 50% Hattie, Attached are the letters that we discussed on the phone in addition are test conducted by our company in Norway to show Gas Evolution From Alloys. Showing that our materials are not to be labeled as 4.3. Our test data has stayed the same and there has been no chemical formation changes to these products. (See attached file: Ferrosilicon 75 and 50.pdf) (See attached file: Numeriser0005.pdf) Thank you George Scott Assistant Manager of Sourcing and Logistics Elkem Metals Inc. 1#
Page 3:'! !, .•~. -.:. w I IIIElkem o CEIlTIFICATE o .. I W Research (XI .. -.I ~ ! ~ 1 OJ I :c m ~ m :c DlUfiIa: GAS EVOLUTION FROM ALLOYS ' CERT1499.DOC SIR: l,O-3,lSmm ~: CmlbedI Siaved DIte cruaheclt~ 09.01.98 Waterlft* Distilled ~ 200C CoIIIpIed by: NilsEopr Dale IIIdCd! 12.01.98 Tested correctly aec:ordiDg to 1JDJted Natloas Reeom~UOD8 0. the Transport ofl>aDgerous Goods. Manual of Tests u.d Crtterla Part m .. 33.4.1..4 LIbel of class. 4.3: No DIeD Df IppnMI: 02.04.98 SIF ~"1dL~ MapNOISUM Product Producer ChemlcaJ Composition Results Comments FeSi 75% Blkem 70-78 ~ Sit 0.0-2.0" Al. 0.0-0.1S " C, O.O-O.lS " Ti Not assiped to Class 4.3. ~ + -I UI -I -I 113 CD "" -I UI 'II< "" .... I "" 10 'r--rr." r', • ..... II#
Page 4) IIElkem Research GAS EVOLUTION FROM ALLOYS Size: Pretreatment: Dare crushedt: Water type: 1,0· 3,15 mm Crushed I Sieved 10.11.97 Distilled Tempetatme: 20 GC Tested correctly according to United Nations Recommendations on the Transport of Dangerous Goods. Manual of Tests and Criteria Part m . 33.4.1.4 Label of class 4.3: No Product Producer Chemical Composition Superseed 50 Elkem 46-50 % Sit 0-0.1 % Ca. 0-0.5 % AI. 0.6-1 % Sf CERTFICATE Datafile: CERT799.DOC Completed by: Nils Enger Dare tested: 13.11.97 DBl.e of approval: Sign: 23.12.97 ~~:: ~ L.. Results Comments Not assigned to Class 4.3.#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.