Aleris International, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration AUG 11 2010 1200 New Jersey Ave, SE Washington. D.C. 20590 Mr. Kenneth J. Willings Senior Vice President, Health, Safety and Environmental Aleris International, Inc. . 25825 Science Par Drive, Suite 400 Beachwood, Ohio 44122-7392 Ref. No. 10-0128 Dear Mr. Willings: This responds to your request for clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification on the applicability of § 172.102 special provisions when transporting "Aluminum smelting by-products or Aluminum re-melting byproducts, 4.3, UN3170." In your letter, you state that these materials are transported off-site using bulk packagings such as, rail cars, highway trailers or roll-off bins, in accordance with bulk packaging Special provision B115. You further state that some of this material is loaded into intermediate bulk containers (IBCs) that comply with Special provisions IP4, IB8, and §§ 173.241 and 173.242. You ask whether the IBC must also comply with Special provisions IP4, IB8, and §§ 173.241 and 173.242 when the IBC is placed into an outer container that complies with bulk packaging Special provision B115. The answer is yes. The shipment must comply with Special provision B 115, as well as Special provisions IP4, IB8, and §§ 173.241 and 173.242. I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. Si:t_.......... Charles E. Betts Chief, Standards Development of Hazardous Materials Standards#

Page 2Kenneth J. Willings Senior Vice President, Health, Safety and Environmental Telephone: 216.910,3507 Facsimile: 216.910.3652 Cell Phone: 216.233.8320 Email: ken.willingS@alelis.com International, Inc. June 4, 2010 Mr. Edward T. Mazullo Director, Office of Hazardous Materials Standards u.s. DOTIPHMSA (PHH-IO) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: Clarification of 49 CFR Part 172.102 (BI15), (IP4), (mS) and 49 CFR Parts 173.241 and 173.242 Dear Mr. MazuBo: Aleris International, Inc. ("Aleris") has some facilities that generate "Aluminum Smelting By-Products or Aluminum Remelting By-Products" that have a 4.3 hazard classification and a UN3170 identification number. These materials are transported off-site using rail cars, highway trailers or roll-off bins that meet u.s. DOT requirements for this material, including those specified in 49 CFR Part 172.102 (B 115). Some of this material is placed in intermediate bulk containers ("mC's") that meet the requirements of 49 CFR Part 172.102 (IP4), (mS) and 49 CFR Part 173.241 or Part 173.242, depending on the degree of hazard and packaging group requirements. Aleris requests a clarification regarding these requirements. The specific issue that we request clarification is as follows: If the material indicated is placed in an mc and then placed in a container for shipment that meets the requirements of 49 CFR 172.102 (B115), must the mc also meet U.S. DOT requirements, as indicated in 49 CFR Part 172.102 (IP4), (mS) and 49 CFR Part 173.241 or Part 173.242? If you have questions regarding this request, please contact me at the following telephone number: 216.910.3507 or email address:ken.willings@aleris.com. I can also be reached at the address indicated on this letterhead. Thank you for your consideration ofthis matter. Sincerely, K ---71{; tV~/ Kenneth J. wat'ingS 0 cc: Jim Buckert, Aleris jlf#