TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington. D.C. 20590 MAY 05 20m Mr. Robert Eyck TEN-E Packaging Services, Inc. 1666 County Road 74 Newport,MN 55055 Ref. No.: 09-0263R Dear Mr. Eyck: This responds to your October 13,2009 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to non-bulk packaging used to transport hazardous materials. Specifically you ask whether separate tests are required for inner receptacles of combination packagings that are intended to contain both liquid and solids. This is a revision to our original response from December 10, 2009. The HMR, at § 178.602, require each packaging to be closed in preparation for testing and tests to be carried out in the same manner as if prepared for transportation, including inner packagings in the case of combination packagings. Therefore, a combination packaging design originally tested with inner packagings containing liquids may not be used to package solid materials, as a single package or otherwise, without further testing. I trust this satisfies your inquiry. Should have any further questions, please contact this office. Sincerely, -f~'0--- Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2A-ndreaJ~ ~ /13 .~t.jo..(h)(#) SfHIUG THE STH N OR RO N()A-htLlt fo.ci:A..J/~O# ftU,ka-'te5 (}9-' 07e&3 October 13, 2009 Susan Gorsky I U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration I I Office of Hazardous Materials Standards, PHH-10 1200 New Jersey Avenue SE Building, 2nd Floor 1 Washington, DC 20590 Dear Susan: TEN-E Packaging Services, Inc. recently became aware of a DOT letter of clarification, Ref. No. 050111, that conflicts with our understanding of what the UN Recommendations on the Transport of I Dangerous Goods Model Regulaltions and Title 49 CFR permit when qualifying combination packagings to the UN standards. We have always advised our clients that separate tests must be conducted for inner receptacles of combination packagings that are intended to contain both liquids and solids. We base this view on Section 173.24a(b)(3) of Title 49 CFR that limits a qualified liquids packaging to be used for solids to only single and composite packagings, Section 6.1.5.2.1 of the UN Recommendations on the Transport of Dangerous Goods Model Regulations that states for combination packagings with inner packagings designed to carry liquids and solids testing must be conducted for each scenario and a 1992 Third Party Laboratory summary of questions and answers I( reference Answer to Question #8) that prohibits substituting inner packagings for solids on a liquids . qualified packaging. Copies of the referenced documents are attached for your review. TEN-E Packaging Services would appreciate a quick response to what the agency's position is on " this matter as we want to provide our clients with proper advice on this UN packaging certification issue. Sincerley, TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 : Phone: 651-459-0671 i Fax: 651-459-1430 ! Email: info@ten-e.com i -·········1·ij~~D~~~~=~M~nl' ...,...... _,.... .#

Page 3U.S. Deportment ·tOO Seventh Street, S.W. WasI'lingtun, D.C. 20590 of Transportation Pipeline and JUN 1 7 2005 Hazardous MaterlalsSaraty Admlnlstrollon Ms. Cherie Walton Ref. No. 05-0 III Reactives Management Corporation 1025 Executive Blvd., Suite 101 Chesapeake, VA 23320 Dear Ms. Walton: This is in response to your April 28, 2005 letter requesting clarification regarding the general packaging requirements specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are parapluased and answered as follows: Ql. Is it permissible for a specitication combination package (a UN 40 fiberboard box with inner metal receptacles), which was tested for liquids, to be filled with a solid material as long as the gross mass marked on the packaging is not exceeded? A1. Yes. A combination packaging that was tested with a liquid may be filled with a solid material provided it is an authorized packaging for the solid material and conforms to the general packaging provisions in Part 173, Subpart B. Q2. If the answer to Ql is yes, must the inner receptacles be used to contain the solid material? A2. Yes. The packaging should be prepared in the same manner it was tested. I hope this information is helpful. ;zg/~~ Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 1111111111111111111 050111#

Page 4Message _IN_FO_C_N_TR_<_P_HM_S_A_>.~~ From: reaclives@earthlink.net Sent: Thursday, April 28,200512:39 PM To: INFOCNTR <PHMSA> Subject: Information Center Comments/Questions Complete by Phone, Left VM to call HM[C 4/28/2005 KAL Below is the result ofyour feedback fonn. It was submitted by Cherie Walton (reactives@earthlink.net) on Thursday, April 28, 2005 at 12:38:35. ~~S4-/f:,':-t·~;th yj,;l,#Ie. Page 1 of 1 "~/13 ~ :?~t.f (./: (b) ~ __, ______ It::....;;Ic...;..../J" boJt. ttUk¥JI.f; s -41 &e1~4!..1e ~ c (>5 - {jIll Email: reactives@earthlink.net Name: Cherie Walton Category: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 - 173.476) Organization: Reactives Management COIp. Street: 1025 Executive Blvd., Suite 101 City: Chesapeake State: Virginia Zip Code: 23320 Phone: 757-436-1033 Fax: 757-548-2808 Comments: RE: Combination packaging. We have two sizes ofcombination packagings which are intended to hold liquids. Each combination pacbging consists of inner metal cans (e.g. metal paint cans) with lOCking rings. These are packed inside a 4GY. The markings on the outer 4Gs are as follows: 4GN9.6/S/04 U8AI+AX4033 and 4GN38.5/S/05 USA/+AZ4600 According to 173.24a(b)(3), which addresses single or composite non-bulk packaging (not c(lmbillution paekagings), solids may be packed in non-bulk packaging which has been tested for liquids. Can we use the above 4Gs (since they are marked with an "8ft ) for solids as long ali the gross mass in kilograms does not exceed the rated capacity ofthe packaging in liters? If so, are we required to pack the solids in the approved inner recepticles (paint cans)? Thanks for your help. 4/2812005#

Page 5(f) If the outer packaging is intended to contain inner pll(;kagings [or liquids and is not leakproof, or is intended to contain inner packagings for solids and is not siftproof, a means of containing any liquid or solid contents in the event of leakage shall be provided in the fonn of a leakproof liner, plastics bag or other equally efficient means of containment. For packagings containing liquids, the absorbent material required in (e) above shall be placed inside the means ofcontaining the liquid contents; (g) For air transport, packagings shaH comply with 4.1.1.4.1; (h) Packagings shall be marked in accordance with 6. J.3 as having been tested to packing group I perfonnance for combination packagings. The marked gross mass in kilograms shall be the sum of the mass of the outer packaging plus one half of the mass of the inner packaging(s) as used for the drop test referred to in (n) above. Such a packaging mark shall also contain a letter "V" as described in 6.1.2.4. 6.1.5.1.8 The competent authority may at any time require proof, by tests in accordance with this section, that serially-produced packagings meet tlte requirements of the design type tests. 6.1.5.1.9 properties even after the tests. If an inner treatment or coating is required for safety reasons, it shall retain its protective 6.1.5.1.10 Provided the validity ofthe test results is not affected and with the approval of tile competent authority, several tests may be made on one sample. 6.1.5.1.11 Salvage packogil7gs Salvage packagings (see 1.2.1) shan be tested and marked in accordance with the provisions applicable to packing group II packagings intended for the transport of solids or inner packagings, except as follows: (a) The test substance used in perronning the tests shall be water, and the packagings shalt be filled to not less than 98% of their maximum capacity. It is pennissible to use additives. such as bags of lead shot, to achieve the requisite total package mass so long as they ilre placed so that the test results are not affected. Alternatively, in perfonning the drop test, the drop height may be varied in accordance with 6.1.5.3.5 (b); (b) Packagings shall, in addition, have been successfully subjected to the leakproofuess test at 30 kPa, with the results of this test reflected in the test report required by 6.1.5.7; and (c) Packagings shan be marked with the letter "T" as described in 6.1.2.4. 6.1.5.2 Preparation ofpllckagings for lestlll, 6.1.5.2.1 Tests shall be carried out on packagings prepared as for transport including, with respect to combination packagings, the inner packagings used. Inner or single receptacles or packagings other than bags shall be filled to not less than 98% of their maximum capacity for liquids or 95% for solids. Bags shall be filled to the maximum mass at which they may be used. For combination packagings where the inner packaging is designed to carry Jiquids and solids, separate testing is required for both liquid and solid contents. The substances or articles to be transported in the packagings may be replaced by other substances or articles except where this would invalidate the results of the tests. For solids, when another substance is used it shall have the same physical characteristics (mass, grain size, etc.) as the substance to be carned. It is pennissible to use additives, such as bags of lead shot, to achieve the requisite total package mass, so long as they are placed so that the test results are not affected. 6.1.5.2.2 In the drop tests for liquids, when another substance is used, it shall be of similar relative density and viscosity to those of the substance being transported. Water may also be used for the liquid drop test under the conditions in 6.1.5.3.5. ·183#