{"operation":"document","citation":"10-0117","title":"Polymet Alloys, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-08","effective_on":null,"summary":"10-0117 response to Polymet Alloys, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100117.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nJUL - 8 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Matt Gilmore\nSales and Operations Manager\nPolyrnet Alloys, Inc.\n170 I Providence Park, Suite 100\nBirmingham, AL 35242\nRef. No.: 10-0117\nDear Mr. Gilmore:\nThis is in response to your June 2, 2010 letter requesting clarification on the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to an approximately 91.4 %\npure calcium-silicon (33/67) alloy material produced by Rima Industrial S/ A in Brazil. You\nrequest confirmation from this office that the test report submitted with your letter provides\nsufficient verification that the tested material is not subject to the requirements ofthe HMR.\nAs provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial. Such determinations are not required to be verified by this office. However, based on\nthe test results you provided, it is our opinion that the calcium-silicon alloy material described in\nthe test report does not meet the definition of a Division 4.3 material and, provided it does not\nmeet the criteria for another hazard class, it is not subject to the HMR.\nI hope this answers your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nCharles E. Betts\nief, Standards Development\nOffice ofHazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDrakeford, Carol\nFrom: Betts, Charles (PHMSA) ~ ;\"'P€ (IS .'nI)nslh,·j·~\nSent: Wednesday, June 02,201012:56 PM 'iT\"'\"\nI\nTo: Drakeford, Carolyn (PHMSA) 10 0 I 111\nSubject: FW: Request for Hazmat Exemption for Calcium Silicon - Ii I I\nAttachments: GexCon-2010-F44586-RA-3_rev-01.pdf\nPlease log this new request for interpretation in for proper handling.\nFrom: Matt Gilmore [mailto:matt.gilmore@polymetalloys.com]\nSent: Wednesday, June 02, 2010 12:42 PM\nTo: Betts, Charles (PHMSA)\nSubject: Request for Hazmat Exemption for Calcium Silicon\nDear Mr. Betts,\nFirst and foremost, I would like to thank you for your time and attention during our conversation yesterday.\nAs we discussed, Polymet Alloys Inc. would like to request confirmation from the Office of Hazardous Materials\nStandards that the Calcium Silicon produced by Rima Industrial S/A in Brazil does not meet the definition of Division 4.3\nmaterial, hence it should not be subject to the HMR.\nAttached you will find test results issued by Gexcon, an independent lab, which was performed on Rima Industrial S/A's\nCalcium Silicon on January 3, 2010. As you can see from the report, Gexcon concluded: liThe substance tested does not\naccommodate the criteria for classification under the division 4.3 of the \"United Nations Recommendations on the\nTransport of Dangerous Goods, Manual of Test and Criteria Part III - 33.4.1.4\" [lJ. Some gas did develop in contact with\nwater. It is highly likely that the gas developed was hydrogen. The gas development slowed after a peak some hours\nafter the test started\".\nPlease do not hesitate to contact me should you have any question or need any further clarification.\nSincerely,\nMATT GILMORE\nSales and Operations Manager\nMechanical Engineer\nPOLYMET ALLOYS, INC.\n1701 Providence Park Suite 100, Birmingham, Al35242 USA\nE-mail: matt.gilmore@polymetalloys.com\nOffice: +1 (205) 981-2200 Ext. 105\nMobile: +1 (205) 937-9869\nFax: +1 (205)981-1583\nHome Page: www.polymetalloys.com\nThe information contained in this electronic message and any attachments thereto may contain privileged and\nconfidential information. It is intended only for the use of the person(s) named above. If you are not the intended\nrecipient, you are hereby notified that any review, dissemination, distribution or duplication ofthis communication is\nstrictly prohibited. If you are not the intended recipient, please contact the sender immediately by reply email or at +1\n(205)981-2200 and destroy all copies of the original message.\n1","truncated":false,"body_characters":3956}