Dart Container Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAY 1 5 2014 Mr. Tristam Harrington Corporate Transportation Procurement Manager 500 Hogsback Road Mason, MI 48854 Ref. No.: 14-0068 Dear Mr. Harrington: This is in response to your email dated March 31, 2014, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipments of polymeric beads, expandable and plastic molding compounds, and the definition of hermetically sealed. Your questions are paraphrased and answered as follows: Q1. Does the "or" in§ 176.907(c)(1) separate, "packed in hermetically sealed packagings" from the temperature and pressure requirements ofthe IBC's packing group II performance level for liquid dangerous goods? A1. The answer to your question is no. The "or" in this section separates packed in hermetically sealed packagings from IBC's. To be excepted from the requirements of paragraphs (a) and (b), shipments would have to be offered in hermetically sealed packaging (either non-bulk packaging or IBC's) that meet the performance packing group level and pressure requirements found in § 176.907( c )(1 ). The hermetically sealed requirement, performance packing group level, and pressure requirements apply to all packagings including IBC's. As an IBC is a type of packaging it is noted that the use ofthe phrase "non-bulk packaging" instead of"packaging" in§ 176.907(c)(1) would be more appropriate. PHMSA may revise this section in a future rulemaking. Q2. The definition of hermetically sealed as given in§ 171.8 states "Hermetically sealed means closed by fusion, gasketing, crimping, or equivalent means so that no gas or vapor can enter or escape." If one of the seals listed above is used and prevents gas or vapor from entering or escaping and the packaging is made of a suitable material so the strength of the material used and the construction of the bag is appropriate to the capacity of the bag and its intended use, and that joins and closures withstand pressures and impacts liable to occur under normal conditions of transport, does this meet the requirements of§ 176.907 as being hermetically sealed. A2. The definition of hermetically sealed in § 171.8 does apply to packagings considered under§ 176.907(c)(l). From your incoming letter it appears you are asking about the possibility of utilizing "bags" to comply with the requirements of§ 176.907(c)(l). It is important to note in order to utilize the exception from transporting polymeric beads, expandable and plastic molding compounds in ventilated cargo transport units, the package#

Page 2must be capable of conforming to packing group II performance level for liquid dangerous goods and meet theapplicable pressure requirements shown in§ 176.907(c)(l). This office is unaware of any flexible bag type IBC's that are able to meet these requirements. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, ~-(,[~¥ Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 3We~b Drakeford, Carolyn (PHMSA) s n {p .q Q 7 &, J~) INFOCNTR (PHMSA) v~ ssei From: Sent: To: Subject: Tuesday, April 01,201411:19 AM Drakeford, Carolyn (PHMSA) 1 Q.. I Y - 00 \0 0 FW: Letter of Interpretation Request regarding section 176.907 (c) (1) and requirements for hermetically sealed. This caller requested we submit this e-mail as a formal letter of interpretation after speaking with Adam Lucas in the HMIC Hi Carolyn, on 3/31/14. Thanks, Victoria From: Tristam.Harrington@dart.biz [mailto:Tristam.Harrington@dart.biz] Sent: Monday, March 31, 2014 6:22PM To: INFOCNTR (PHMSA) Subject: Letter of Interpretation Request regarding section 176.907 (c) (1) and requirements for hermetically sealed. Dart Container is looking for a Letter of Interpretation pursuant to the following two items related to the below article of Title 49 Q1) Does the "or" highlighted in red lettering in section 176.907 (c) (1) separate, "Packed in hermetically sealed pakagings" from the temperature and pressure requirements of the IBC's packaging group II performance level for liquid dangerous goods? §176.907 Polymeric Beads and Plastic Molding Compounds. (c) The requirements in paragraph (a) and (b) of this section do not apply if the hazardous material is: (1) Packed in hermetically sealed packagings or IBC's which conform to packing group II performance level for liquid dangerous goods with a total pressure in the packaging (i.e., the vapor pressure of the material plus the partial pressure of air or other inert gases, less 1 OOkPa (15 psia)) at 55 ac ( 131 oF), determined on the basis of the hazardous material not completely filling the receptacle at a temperature of 55 ac (131 °C) or less at a filling temperature of 15 ac (59 °F), will not exceed two-thirds of the marked test pressure. Q2) The definition of hermetically sealed as given in section §171.8 states Hermetically sealed means closed by fusion, gasketing, crimping, or equivalent means so that no gas or vapor can enter or escape. If one of the seals listed above is used and prevents gas or vapor from entering or escaping and the packaging is made of a suitable material so the strength of the material used and the construction of the bag is appropriate to the capacity of the bag and its intended use, and that joins and closures withstand pressures and impacts liable to occur under normal conditions of transport, does this meet the requirements of 176.907 as being hermetically sealed? Your clarification of our interpretation will be most appreciated. Tristam Harrington Corporate Transportation Procurement Manager Dart Container Corporation 1#

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