International Titanium Powder — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration AUG 22 2011 Bill Murphy Supply Chain Specialist International Titanium Powder 940 South Frontage Road Suite 2000 Woodridge,IL 60517 Ref. No. 11-0073 Dear Mr. Murphy: This responds to your March 17,2011 email and subsequent telephone conversation with a member ofmy staff requesting clarification ofthe packaging reuse provisions of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). As indicated in your letter, you manufacture a titanium metal pOWder, which you class and described for transportation as "UN 3089, Metal powders, flammable, n.o.s., 4.1, PG II." The powder is transported in UNIA2 reconditioned steel drums designed to contain solids. The powder is placed in a low-density polyethylene (LDPE) liner with an inert gas, sealed, and placed inside the steel drum for transportation. The combination package is transported to an outside entity for processing. The outside entity unpacks the material, processes the powder, then repackages the material in the same drum and in the same manner as when it was originally packaged, except the outside entity uses a new LDPE liner. Specifically, you ask ifthe steel drum is required to be leakproofness tested prior to reuse in accordance with § 173.28. The answer is no. Leakproofness testing in § 173.28 applies to a package originally required to be leakproofness tested. Generally, this is a package intended to contain liquids. Your drum is not subject to leakproof ness testing under § 173.28 because it is used for solids and the design was not originally required to be leakproofness tested. I hope this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553. Sincerely, ~S~ Ben Supko Chief, Standards Development Standards and Regulations Division#

Page 2£,'ch a1 laLLh ~ "3· 29 Drakeford, Carolyn (PHMSA) Reu,se... From: INFOCNTR (PHMSA) 11-0073 Sent: Friday, March 18,2011 12:25 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Formal Letter of Interpretation Hi Carolyn, Thanks, Victoria We received the following request for a letter of interpretation. The caller previously spoke with Scott Merkel. Victoria Lehman Hazmat Information Center (HMIC) Pipeline &Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, E21-119 Washington, D.C. 20590 http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: William.Murphy@itponline.com [mailto:William.Murphy@itponline.com] sent: Thursday, March 17, 20111:16 PM To: PHMSA HM InfoCenter Subject: Formal Letter of Interpretation Dear Sir or Madame; My company, International Titanium Powder, manufactures a titanium metal powder, UN#3089, flammable metal, hazard class 4.1, packing group II. We package the powder in UN1A21 Y400 I S reconditioned steel drums, with a LDPE plastic liner filled with Argon gas, The plastic liner is tied, containing the inert gas and material. The drum is a bolt type, open head, with newly fabricated lid. The minimum thickness of the drum is .9mm (20 Gauge). We will transport the combination package to an outside entity, who will discard the liner and manipulate the powder. No new materials will be introduced. The material will then be repackaged and returned to International Titanium Powder for warehousing and subsequent sale. We request clarification of 49 CFR 173.28 with respect to our ability to re-use the identical drum as the outer package on the return trip without perlorming a leakprofness test. Referencing 49 CFR 173.28 B-7, we read that the non bulk package can be reused, providing the criterion listed in the section. Can the original UN1A21 Y400 I S carbon steel drums be considered as acceptable under 49 CFR 173.28 7(C) "Another material or thickness when approved under the conditions established by the Associate Administrator"? Bill Murphy Supply Chain Specialist International Titanium Powder (630) 410-0078 (Office) 1#