{"operation":"document","citation":"11-0188","title":"Riceland Foods, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-09-22","effective_on":null,"summary":"11-0188 response to Riceland Foods, Inc. concerning 172.101, 173.141, 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0188.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0188.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0188","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110188.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department '200 New Jersev Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nq:p 2 2 2[111\nMr. Neil Washburn\nRiceland Foods, Inc.\n709 East 22nd Street\nStuttgart, AR 72160\nRef. No. 11-0188\nDear Mr. Washburn:\nThis responds to your August 11,2011 request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). In your email. you describe a material that is a\nmixture of soybean oil and diatomaceous earth that is classed and described as \"UN3088,\nSelf-heating solid, organic, n.o.s., 4.2, PO II.\" Specifically, you ask if the material in question\nmay be transported in closed, sift-proof, bulk bins in accordance with the packaging\nauthorization of § 173.240.\nThe answer is yes. The bulk packaging section referenced in column 8 of the table in\n§ 172.101 for \"UN3088, Self-heating solid, organic, n.o.s., 4.2, PO II\" is § 173.241, however,\n§ 172.101 (i)( 4) permits the use ofpackagings authorized for solids in § 173.240 when the\nmaterial is in the solid form. Section 1 73.240(c) authorizes the use of sift-proof closed bulk\nbins. It is your responsibility to ensure that, in accordance with § 173.24(b), the package is\ndesigned, constructed, maintained, filled, its contents so limited, and closed to prevent release\nofthe material.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nE-iCh en Ic:u.WLJ\n~ 172 · I 0 J\nDrakeford, Carolyn (PHMSA) ! 173 . 2!J. I\nFrom: INFOCNTR (PHMSA) App}; caifJl'J~'\nSent: Thursday, August 11, 2011 3:14 PM L' 0 ] ~\nTo: Drakeford, Carolyn (PHMSA) & - C)\nSubject: FW: Hazmat Information Center Feedback: Highway (Sections 177.800 &ndash; 177.870)\nHi Carolyn,\nThis caller requested we forward this e-mail as a formal request for a letter of\ninterpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Thursday, August 11, 2011 10:25 AM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Highway (Sections 177.800 &ndash; 177.870)\nRiceland Foods is a soybean oil processor. One of the steps in the refinement of soybean oil\nis bleaching. In the bleaching process) soybean oil is mixed with a diatomaceous earth. The\ndiatomaceous earth, or what we call bleaching clay, removes the undesirable pigments from the\noil rendering it clear - like you see on a grocery store shelf.\nThe bleaching clay is removed by pushing the oil/clay mix through a filter press. The\nresulting filter cake is bleaching clay with soybean oil residue. That filter cake is the\nsource of this problem. Any further references to bleaching clay will be the oily filter\ncake.\nBecause of the oil residue, bleaching clay is self ignitable. It has been tested and is\nclassifed as a DOT material. Its shipping description is\nSelf-heating solid, organic, n.o.s., 4.2, PG II\nUN3088\nFor bulk shipments of this material, the HM Table at 172.101 references 173.241 as the\npackaging requirements. The problem is, there are no containers specified at 173.241 that are\nsuitable for this solid material. 173.241 appears to be primarily for liquids.\nI have contacted the HMIC and consulted with Mr. Mike Stevens on this issue. He has agreed\nthat 173.241 does not offer any practical packaging solutions for the bleaching clay.\nThere is a Table at 172.101(i)(4) that shows equivalent packaging standards for solids and\nliquids. This Table indicates that 173.241 is suitable for liquids and the corresponding\nrequirement for solids would be 173.240.\nThe packaging at 173.240 makes more sense for our material because it would allow us to ship\nin closed, sift proof, bulk bins. It also makes sense because this mode of shipping is\ncurrently authorized by DOT SP-12134.\n1\n\n<<<PAGE 3>>>\n\nHowever, I have been informed that the 172.101(i)(4) Table only works in one direction. That\nis, if you have a liquid that has packaging specs at 173.240 then you would be allowed to use\n173.241 as an equivalent, but, if you have a solid with packaging specs at 173.241 you can't\nuse 173.240 as an equivalent.\nI would like to stress that the bleaching clay is a somewhat sticky material, it has the\nconsistency of moist dirt, it can not be put into any cargo tank, portable tank or lBC that I\nhave found so far, nor could it be gotten out. A bulk bin such as a rolloff is the only\npractical means of hauling this material. A bulk bin can be easily loaded with a screw\nconveyor, can be closed with a lid to eliminate any hazard, and can be easily emptied at a\nlandfill.\nMr. Stevens suggested I submit this question and request an interpretation on the use of the\n172.101(i)(4) Table. I would like to know if Riceland would be correct in shipping its\nbleaching clay in accordance with 173.240 in the place of 173.241 due to the nature of the\nmaterial. Please do not hesitate to call me if this request needs further clarification.\nthanks\nNeil Washburn\nName: Neil Washburn\nOrganization: Riceland Foods, Inc.\nEmail: nwashburn@riceland.com\nAddress: 709 East 22nd Street\nCity: Stuttgart\nZip Code: 72160\nPhone: 870-673-5337\nFAX: 870-673-5720\n2","truncated":false,"body_characters":5364}