Aleris International, Inc — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue SE U.S. Department Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety JUl 20 2011 Administration 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. 10-0128R 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 B 115 . You further state that some ofthis 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 !BC 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 B1l5. The answer is yes. An IBC shipment must meet the applicable Special provisions IP4, IB8, and the requirements in §§ 173.241 and 173.242 even ifthe IBC is placed into an outer "bulk" container that meets Special provision B115. I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.#

Page 2Kenneth J. Willinga SenIor Vice President. Health, Safety and Environmerdal Telephone: 216.910.3507 Facsimile: 216.910.3652 Cell Phone: 216.233.8320 Email: ken.wilfingll@alens.com June 4, 2010 Mr. Edward T. Maml10 Director, Office ofHazardous Materials Standards U.S. DOTIPHMSA (PHH-I0) l200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: Clarification of49 CFR Part 172.102 (B115), (IP4), (IBS) and 49 CFR Parts 173.241 and 173.242 Dear Mr. Mazullo: Aleris International, Inc. ("Aleris") has some facilities that generate "Aluminum Smelting By-Products or Aluminum Renlelting 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 (B115). Some of this material is placed in intermediate bulk containers ("IBC's") that meet the requirements of 49 CFR Part 172.102 (lP4), (IBS) 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 (BllS), must the mc also meet U.S. DOT requirements, as indicated in 49 CPR Part 172.102 (IP4), (IBS) and 49 CFR Part 173.24l or Part 173242? 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, ,{ --:;l/f;J,,/ .LL:> Kenneth J. Wi6ings 0 cc: Jim Buckert, Aleris " ' , j<.' ;'#