{"operation":"document","citation":"15-0247","title":"Infineum USA L.P. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-03-07","effective_on":null,"summary":"15-0247 response to Infineum USA L.P. concerning 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0247.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0247.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0247","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150247.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAPR 0 4 2016\nDavid B. Bower, Ph.D.\nProduct Stewardship Advisor, Americas\nInfineum USA L.P.\n1900 East Linden Avenue\nP.O. Box 735\nLinden, NJ 07036\nReference No. 15-0247\nDear Mr. Bower:\nThis is in response to your December 16, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to testing. Specifically, you\nask if the tests your company performed on high-density polyethylene that are fluorinated at\nseveral levels of barrier protection for compatibility with Class 3 (flammable) liquids, comply\nwith the \"Procedure for Testing Chemical Compatibility and Rate of Permeation in Plastic\nPackaging and Receptacles\" as prescribed in 49 CFR Part 173, Appendix B of the HMR.\nThe answer is no. Section 2 of 49 CFR Part 173, Appendix B, prescribes only three test\nmethods for determining compatibility and rate of permeation in plastic packagings and\nreceptacles. Test Method 2 requires 28 days of testing at a temperature no lower than 50 °C\n(122 °F). Your report states that its tests were conducted at 50 °C for 112 days. While the\nHMR is clear that the temperature used for this test method can be higher, the length of time\npermitted for the test must be 28 days. If your company would like to vary from these test\nmethods, it must apply for an approval in conformance with the requirements prescribed in\n§ 173.24(e)(3)(iii). This section states that if alternative procedures or rates of permeation are\nrequested they must yield a level of safety equivalent to or greater than that prescribed in\n§ 173.24(e)(3)(ii), and must be specifically approved by the Associate Administrator. To\napply for this approval, you must submit an approval application to the Associate\nAdministrator for Hazardous Materials Safety in conformance with the requirements\nprescribed in 49 CFR Part 107, Subpart H.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nEdmonson\n118.403k)iii)\nGoodall, Shante CTR (PHMSA)\nDoptertin\nFrom:\nGeller, Shelby CTR (PHMSA)\n15-0247\nSent:\nWednesday, December 16, 2015 4:08 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for interpretation 49 CFR 173 Appendix B\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation.\nThanks,\nShelby\nTo: PHMSA HM InfoCenter\nSubject: Request for interpretation 49 CFR 173 Appendix B\nYou have received * fise\nUsa the secure linke t:elow to download\nDear Sir or Madam:\nInfineum USA L.P. respectfully requests an interpretation as described in the attached letter. If you have any questions,\nplease contact me.\nThank you in advance and best regards,\nDavid Bower\nDavid B. Bower, Ph.D.\nProduct Stewardship Advisor, Americas\nProduct Stewardship and Regulatory Compliance\nINFINEUM USA L.P.\n1900 East Linden Avenue, P.O. Box 735\nLinden, NJ 07036 USA\nPhone +1.908.474.2634\nFax +1.908.474.3025\ne-mail david.bower@infineum.com\nThis note may contain Infineum confidential information. If you are an unintended recipient: (i) place no reliance on the\ninformation contained herein; (il) do not disclose, distribute, or duplicate any information from this note; and (il) please\ncontact the author. Thank you.\n1\n\n<<<PAGE 3>>>\n\nDowniced Flles\nAvailable until: 14 December 2020\nDownload File: 181264 DOT Interpretation MOPS compedblit\n29.96 KBytes,\nSecred byaccaffeny\n2\n\n<<<PAGE 4>>>\n\nInfineum USA L.P\nProduct Stewardship and Regulatory Compliance\nDavid B. Bower, Ph.D.\nLinden, NJ 07036-1111\n1900 East Linden Avenue\nProduct Stewardship Advisor, Americas\nphone +1.908.474.2634\ne-mail david.bower@infineum.com\nfax +1.908.474.3025\nInfineum\n14 December 2015\nUnited States Department of Transportation\nAttention: PHH-10\nPHMSA Office of Hazardous Materials Standards\nEast Building\n1200 New Jersey Avenue South East\nWashington, DC 20590-0001\nDear Sir or Madam:\nInfineum USA L.P. respectfully asks the Department for its interpretation on the suitability of materials\ncompatibility tests we have conducted.\n49 CFR 173, Appendix B specifies the \"Procedure for Testing Chemical Compatibility and Rate of Permeation\nin Plastic Packaging and Receptacles\" used to transport liquid hazardous materials. Infineum has tested high-\ndensity polyethylene (HDPE) fluorinated at several levels of barrier protection for compatibility with Class 3\nflammable liquids. Solvent permeation and drop tests were conducted on small containers made of the same\nresin, additives and wall-thickness, by the same process as the full-size 330 gallon tote containers we plan to\nuse as permitted under Paragraph 4. Strength & hardness were tested using coupons made of the same\nmaterials as the small containers. However, studies were conducted by ageing samples at 50 °C for 112 days\ninstead of the 28 days as specified in Paragraph 2(b). The test complied with all other requirements of\nAppendix B, including the number of containers, measurement of permeation rate and tensile\nstrength/hardness, and drop testing according to 49 CFR 178.603(e)(iii) for Packing Group Ill materials.\nAll test containers made of untreated HDPE as well as all fluorinated samples passed the drop test. Solvent\npermeation meeting DOT requirements were achieved at the AL (automotive level) of fluorination barrier\ntreatment. A report from the test laboratory is available if needed.\nInfineum contacted the PHMSA call center and was informed verbally that these 112-day test data would be\naccepted by the Department. We would appreciate it if you could review the information provided and\nconfirm this opinion in writing. If you have any questions or need more information, please contact me.\nSincerely,\nDavid B. Bower, Ph.D.\nProduct Stewardship Advisor, Americas","truncated":false,"body_characters":5879}