{"operation":"document","citation":"10-0094","title":"Akzo Nobel Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-28","effective_on":null,"summary":"10-0094 response to Akzo Nobel Chemicals, Inc. concerning 171.22, 171.25, 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100094.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nJUL 28 2010\nMr. Mark A. Connolly\nAkzo Nobel Chemicals, Inc.\n525 W. Van Buren Street\nChicago,IL 60607-3823\nRef. No. 10-0094\nDear Mr. Connolly:\nThis responds to your May 25, 2009 letter concerning authorized packaging under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for\nclarification of authorization to use a foreign-made UN portable tank with non-bulk capacity.\nAccording to your letter, your company would like to transport hazardous material (i.e.,\nUN3394, Packing Group (PG) I material) in a foreign-made UN portable tank with a capacity of\n200 liters. The portable tank will be designed and manufactured using the same process for a\nbulk capacity portable tank conforming to Section VIII of the ASME code and portable tank\ninstruction T22, and will be U stamped. You request clarification that the HMR authorize the\nimport and export to and from the United States by vessel as well as the domestic filling and\ntransportation ofthese foreign-made UN portable tanks.\nYour understanding is correct that a foreign-made UN portable tank offered and transported by\nvessel in accordance with the International Maritime Dangerous Goods (IMDG) Code may be\nimported and exported to and from the United States, subject to certain conditions and\nlimitations. See §§ 171.22 and 171.25. Your understanding is also correct that a foreign-made\nUN portable tank may be filled and transported domestically. The HMR authorize the import\nand use of a foreign-made UN portable tank manufactured in accordance with national or\ninternational regulations based on the United Nations Recommendations on the Transportation\nofDangerous Goods, subject to conditions and limitations. See § 173.24(d).\nNote that as a condition for use of the IMDG Code, UN portable tanks (regardless ofcapacity)\nmust conform to applicable bulk special provisions assigned in the § 172.101 hazardous\nmaterials table (HMT) to the hazardous material to be transported in the UN portable tank. See\n§ 171.25(c)(l). With regard to import and use of foreign-made UN portable tanks under\n§ 173.24( d), although not similarly instructed as with use of the IMDG Code, it is the opinion of\nthis Office that UN portable tanks (regardless of capacity) must also conform to applicable bulk\nspecial provisions assigned to the hazardous material to be transported.\nAccording to your letter, the UN portable tank would be constructed in conformance with\nportable tank instruction T22 and filled in conformance with portable tank special provisions\n\n<<<PAGE 2>>>\n\nTP2 and TP7. The hazardous material description \"Organometallic substance, liquid,\npyrophoric, water-reactive, UN3394, PG I,\" is assigned bulk special provisions T21, TP2, and\nTP7 in the § 172.101 HMT. Although T22 is not assigned to the material, the HMR authorize\nthe use ofa UN portable tank conforming to an alternative tank instruction under conditions\nlisted in § 172.1 02(c)(7)(v). For example, the alternative UN portable tank must be constructed\nto a wall thickness greater than or equivalent to the wall thickness ofthe portable tank\ninstruction assigned to the hazardous material. Thus, the foreign-made l.IN portable tank\nconforming to the bulk special provisions described in your letter is authorized for use under the\nHMR.\nI hope this information is helpful. If you have further questions, please contact this office.\nharles E. Betts\nief, Standards Development\no ofHazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAkzo Nobel Chemicals Inc.\nChemicals Commercial Services\nAkzoNobel\nTomorrow's Answers Today\nMay 25,2009\nDer K-Lvtdt,yt-Yl\n~111·L.'\nAssociate Administrator for Hazardous Materials Safety q,\\ll·7c\nPHMSA\nU.S. DOT ~ (13. 2~\nAttention: PHH-32\n1200 New Jersey Avenue ApP I L~a-'o, '-fI'tJ\nSE East Building, 2nd Floor\nWashington, DC 20590 10 - DC)\nSubject: Request for Clarification of DOT regulations Applicable to the Import and\nExport of UN 3394 materials in 200 Liter capacity Foreign Built 200 Liter\ncapacity UN Portable Tanks meeting T 22 Portable Tank Instruction\nDear Sir or Madam,\nAkzo Nobel Polymer Chemicals LLC (AN PC), a worldwide producer of High Purity Metalorganics\nto the semiconductor and solar industry. Currently we offer these liquid UN3394, 4.2, (4.3), PGI\nproducts in electro-polished stainless steel DOT 4B specification cylinders per 49CFR 173.181.\nThe solar industry is in a period of rapid change and in order to remain competitive with our\nforeign competitors it is crucial that we quickly modify our supply chain in response to these\nchanges. We have determined that we must have the flexibility to transport this material in\npackages larger than the nonbulk packages authorized in 49CFR173.181, but smaller than the\nbulk packages noted in 49CFR173.244. This unique product sells for $2,740 per liter. ANPC nor\nour customers can afford the business risk of potential loss in transport of 450 liters ($1,233,000).\nOur target package capacity is approximately 200 - 250 liters.\nOur current DOT 4B specification cylinder suppliers cannot readily manufacture this large of a\ncylinder without significant increase in costs and time to retrofit their equipment.\nWe have received a bid from a European portable tank manufacturer to build a 200 Liter capacity\nForeign Built UN Portable Tanks meeting T 22 Portable Tank Instruction. Each will be designed\nand manufactured using the same process as a larger 450 liter capacity portable tank in\naccordance with Section VIII of the ASME code and also be U stamped.\nWe request your review of this activity and the DOT requirements impacting:\n• our import and export of UN 3394,4.2, (4.3), PG I material in these particular tanks; and\n• the potential for U.S. domestic transport-\nNOTE: Hazard communications will be in accordance with bulk packaging requirments.\nAkzo Nobel Chemicals Inc. 525 W Van Buren Street Chicago, IL 60607-3823\n\n<<<PAGE 4>>>\n\nAkzo Nobel Chemicals Inc.\nChemicals Commercial Services\nQuestion\nThe UN Recommendations and the IMDG code do not have minimum capacity requirements for\nportable tanks. Does the DOT authorize the import into the U.S. and export from the U.S. via\ninternational water of hazardous materials (example: UN 3394, 4.2, (4.3), PGI) in 200 Liter\ncapacity foreign Built UN Portable Tank meeting T 22 Portable Tank instruction; and filled in\naccordance with TP2 and TP7?\nAkzoNobellnterpretation:\nYes, in accordance with 49 CFR 171.22(g)(S), and 171.2S(c) the DOT regulations authorize the\nimport and export of UN portable tanks meeting the requirements of 173.24 and this foreign\nmanufactured UN portable tank meets the requirements of 173.24(d)(2).\nQuestion\nDoes the DOT authorize the filling and U.S. domestic transport of hazardous materials (example:\nUN 3394, 4.2, (4.3), PGI) in a 200 Liter capacity foreign Built UN Portable Tank meeting T 22\nPortable Tank Instruction; and filled in accordance with TP2 and TP7?\nAkzoNobellnterpretation:\nYes, if DOT issues at their discretion, a clarification, competent authority approval, or special\npermit which authorizes design and manufacture of a portable tank meeting the requirements of a\nUN portable tank with the exception that the capacity is <4S0 liters.\nCurrently, 49CFR 173.24(d)(2) authorizes the use of a Foreign manufactured UN portable tank.\nThe challenge is the U.S. definitions of bulk packaging. Based upon the example material, (UN\n3394,4.2, (4.3), PG I), 49CFR 173.244 authorizes a UN portable tank meeting the requirements\nof T 21 portable tank instructions. Within 49CFR171.8 a \"portable tank\" is defined as a \"bulk\npackaging\" and a \"bulk packaging\" is define for our purposes as having a maximum capacity\n>4S0 liters as a receptacle for liquids.\nIssuance by the DOT of a clarification, competent authority approval or special permit would\nenable the smaller capacity portable tank to filled and offered for transport via, road, rail and\nwater domestically and internationally.\nYour prompt review and feedback on this issue is appreciated.\nPlease contact me if you need further information or have any questions on this matter.\nSincerely,\n~~~~\nMark A. Connolly\nManager, Transportation Regulations and Security\nTel (312) 544-7177\nTel (312) 544-7087\nEmail: mark.connolly@akzonobel.com\nAkzo Nobel Chemicals Inc. 525 W Van Buren Street Chicago, IL 60607-3823","truncated":false,"body_characters":8439}