{"operation":"document","citation":"16-0021","title":"Entergris, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-08-01","effective_on":null,"summary":"16-0021 response to Entergris, Inc. concerning 173.28, 178.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160021.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAUG 0 1 2016\nMr. David Weisbrich\nEntergris, Inc.\n10851 Louisiana Avenue South\nBloomington, MN 55438\nRef. No.: 16-0021\nDear Mr. Weisbrich\nThis responds to your email dated January 25, 2016 requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) on the use of plastic drums that are more\nthan five years old (as determined from the date of manufacture). In your email you state that\nfor air transport plastic packagings older than five years must be approved by the appropriate\nnational authority.\nPlastics packagings, provided they show no reduction in integrity, are eligible for reuse at a date\nthat is five years past their date of manufacture provided they are subjected to the leakproofness\ntest prescribed in $178.604. As provided in §173.28(b)(7)(iv)(B), after five years from the date\nof manufacture, a plastics packaging otherwise authorized for reuse may continue to be used\nonly if it is leakproofness tested prior to each reuse. Unless otherwise approved by the\nappropriate national authority, plastic drums and jerricans, rigid plastics intermediate bulk\ncontainers (IBC) and IBCs with plastics inner packaging older than five years may not be used\nin accordance with the UN Model Regulations (see 4.1.1.15), the International Civil Aviation\nOrganization Technical Instructions for the Safe Transport of Dangerous Goods by Air (4;\n1.1.20) of the International Maritime Dangerous Goods Code (see 4.1.1.15).\nFor the purposes of international transport of hazardous materials in a package older than five\nyears, compliance with the leakproofness test requirement in §178.604 before reuse constitutes\napproval from the appropriate national authority. A Competent Authority Approval means an\napproval by the competent authority that is required under an international standard (for\nexample, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air\nand the International Maritime Dangerous Goods Code).\n\n<<<PAGE 2>>>\n\nA specific regulation in the HMR may be considered a competent authority approval\n(see § 107.1).\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nKeary\n173.84\nGoodall, Shante CTR (PHMSA)\nGeneral requirement tor\nSent:\nFrom:\nKelley, Shane (PHMSA)\nраскадил\nAnd packagis\nTuesday, January 26, 2016 2:17 PM\n10-0021\nTo:\nCc:\nAntonielli, Jennifer (PHMSA)\nGoodall, Shante CTR (PHMSA); Dodd, Alice (PHMSA)\nSubject:\nFW: shipment on hold 200L plastic drums\nHi Shante and Alice can you please log this in and assign to 13 thanks!!\nFrom: David Weisbrich\nSent: Tuesday, January 26, 2016 1:45:12 PM\nTo: Kelley, Shane (PHMSA)\nSubject: Re: shipment on hold 200L plastic drums\nHello again,\nShane we would like to go ahead and get that formalized letter. Is there anything I need to fill out to get this\nstarted or just through this email? Thanks and sorry for all the emails!\nFrom: shane.kelley@dot.gov<shane.kelley@dot.gov>\nSent: Tuesday, January 26, 2016 11:39 AM\nTo: David Weisbrich\nSubject: RE: shipment on hold 200L plastic drums\nExcellent! Our pleasure to assist - feel free to reach out as needed.\nFrom: David Weisbrich [mailto:david.weisbrich@entegris.com]\nSent: Tuesday, January 26, 2016 12:39 PM\nTo: Kelley, Shane (PHMSA)\nSubject: Re: shipment on hold 200L plastic drums\nHello Shane,\nWe did pass on the information that you sent to us to our customer and they were pleased, I guess for right\nnow we will go with that and If we get word back that they require more then we can do it at that\ntime. Thanks again for your time and help!\nFrom: shane.kelley@dot.gov<shane.kelley@dot.gov>\nSent: Tuesday, January 26, 2016 10:57 AM\nTo: David Weisbrich\nSubject: RE: shipment on hold 200L plastic drums\n1\n\n<<<PAGE 4>>>\n\nHi David,\nCertainly. The process for signature on letterhead would require this to go through a much more formalized\ncoordination process internally that can take several weeks. I am happy to log in as a formal request if you would like\nme to do so, just let me know.\nFrom: David Weisbrich [mailto:david.weisbrich@entegris.com]\nTo: Kelley, Shane (PHMSA)\nSent: Tuesday, January 26, 2016 11:54 AM\nSubject: Re: shipment on hold 200L plastic drums\nShane,\nThanks for your time and help much appreciated. Did you say something about sending a letter with a fancy\nletterhead as well or would you prefer just to pass this information on and then have the carrier contact you if\nneed be? Thanks.\nFrom: shane.kelley@dot.gov<shane.kelley@dot.gov>\nSent: Tuesday, January 26, 2016 10:26 AM\nTo: David Weisbrich\nCc: Duane. Pfund@dot.gov; jennifer.antonielli@dot.gov\nSubject: RE: shipment on hold 200L plastic drums\nDavid,\nThank you for your email. As we discussed this morning, our U.S. Hazardous Materials Regulations (HMR;49 CFR Parts\n100-180) include specific provisions that address plastics compatibility but they are performance based rather than\nbased on a specific lifetime limit. Specifically, appendix B of part 173 (Testing chemical compatibility & rate of\npermeation), are contained in 173.24(e) (included below for reference).\nFor purposes of international transport of hazardous materials, our Office is the designated competent authority\nhowever we handle this particular issue through our regulatory requirements (see 49 FR 107.1 definition of a\ncompetent authority approval which stipulates a specific regulation of the HMR constitutes an approval). As such no\nspeak directly to the carrier if it will help - you can give them my contact information.\nseparate approval document is required or issued. You can provide the carrier with this information and l am glad to\nBest\nShane\nShane C. Kelley\nAssistant International Standards Coordinator\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Safety\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE, E23-318\nWashington, D.C. 20590\n: (202) 366-4359 | Cell (202) 503-6985|: shane.kelley@dot.gov/O: http://phmsa.dot.gov/hazmat\nPHMSA is hiring! Subscribe to receive new job alerts by email\n2\n\n<<<PAGE 5>>>\n\nFrom: David Weisbrich [mailto:david.weisbrich@entegris.com]\nTo: Kelley, Shane (PHMSA)\nSent: Tuesday, January 26, 2016 10:35 AM\nSubject: Re: shipment on hold 200L plastic drums\nThanks, if you call it would probably be best to call my cell as I spend most of my time in the lab. 612-770-\n2524, thanks.\nFrom: shane.kelley@dot.gov<shane.kelley@dot.gov>\nSent: Tuesday, January 26, 2016 8:51 AM\nTo: David Weisbrich; Duane.Pfund@dot.gov\nSubject: RE: shipment on hold 200L plastic drums\nHi David,\nWe have received this inquiry and will have a response for you today. Thank you.\nFrom: David Weisbrich [mailto: david.weisbrich@entegris.com]\nTo: Pfund, Duane (PHMSA); Kelley, Shane (PHMSA)\nSent: Monday, January 25, 2016 2:55 PM\nSubject: shipment on hold 200L plastic drums\nHello,\nMy name is David Weisbrich and I work for Entegris in Bloomington, MN. Our customer has a shipment of\n200L drums on hold because the date these were manufactured on was 2008 and the airline said that\nanything past five years since manufacturing needed approval by the appropriate national authority. How\ndoes one go about getting this approval. This hold-up of course is a hot issue so If you could get back to me\nasap that would be great, thanks. These drums passed the UN/DOT periodic retesting in 2008. My cell is\n612-770-2524, thanks.\nIs this something that will take more than a day or two to figure out? I want to be able to tell our customers\nsomething by the end of the day, please and thanks.\n4\n\n<<<PAGE 6>>>\n\n49 CFR 173.24\n(e) Compatibility. (1) Even though certain packagings are specified in this part, it is, nevertheless, the responsibility of the\nperson offering a hazardous material for transportation to ensure that such packagings are compatible with their lading.\nThis particularly applies to corrosivity, permeability, softening, premature aging and embrittlement.\n(2) Packaging materials and contents must be such that there will be no significant chemical or galvanic reaction\nbetween the materials and contents of the package.\n(3) Plastic packagings and receptacles. (i) Plastic used in packagings and receptacles must be of a type compatible with\nthe lading and may not be permeable to an extent that a hazardous condition is likely to occur during transportation,\nhandling or refilling.\n(i) Each plastic packaging or receptacle which is used for liquid hazardous materials must be capable of withstanding\nwithout failure the procedure specified in appendix B of this part (\"Procedure for Testing Chemical Compatibility and\nRate of Permeation in Plastic Packagings and Receptacles\"). The procedure specified in appendix B of this part must be\nperformed on each plastic packaging or receptacle used for Packing Group I materials. The maximum rate of permeation\nof hazardous lading through or into the plastic packaging or receptacles may not exceed 0.5 percent for materials\nmeeting the definition of a Division 6.1 material according to $173.132 and 2.0 percent for other hazardous materials,\nwhen subjected to a temperature no lower than—\n(A) 18 °C (64 °F) for 180 days in accordance with Test Method 1 in appendix B of this part;\n(B) 50 °C (122 °F) for 28 days in accordance with Test Method 2 in appendix B of this part; or\n(C) 60 °C (140 °F) for 14 days in accordance with Test Method 3 in appendix B of this part.\n(iii) Alternative procedures or rates of permeation are permitted if they yield a level of safety equivalent to or greater\nthan that provided by paragraph (e)(3)(ii) of this section and are specifically approved by the Associate Administrator.\n49 CFR 107.1\nCompetent Authority Approval means an approval by the competent authority that is required under an international\nstandard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the\nInternational Maritime Dangerous Goods Code). Any of the following may be considered a competent authority\napproval if it satisfies the requirement of an international standard:\n(1) A specific regulation in subchapter A or C of this chapter.\n(2) A special permit or approval issued under subchapter A or C of this chapter.\n(3) A separate document issued to one or more persons by the Associate Administrator.\n3","truncated":false,"body_characters":10545}