Elkhart Plastics, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE Washington, DC 20590 NO V l 6 2017 Jason Furrer, P.E. Project Engineer Elkhart Plastics, Inc. 51 703 Packard Drive Middlebury, IN 46540 Reference No. 17-0057 Dear Mr. Furrer: This letter is in response to your May 16, 2017, e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to § 178.801 ( c )(7)(iv). Specifically, you state you have an intermediate bulk container (IBC) that has a 9-inch lid and a 2-inch center fill port opening. You also state the center fill port opening can be fitted with a pump, micro-valve, or plug. You ask for confirmation of your understanding that this IBC's one port opening is authorized to operate with the pump, micro-valve, and plug connectors it is designed to be attached to, and that the use of these three connectors is authorized under this IBC's one United Nations certification test because they are considered the same design type (i.e., same wall thickness, tank material, and tank size). Based on the information you provided, your understanding is correct. The HMR require that an IBC must be considered a "different intermediate bulk container" and tested as a new package only if it differs from a previously qualified IBC design type in structural design, including changes to fittings or threads where a pump or other service equipment is designed to be attached; size; material of construction; wall thickness; or manner of construction (see§ l 78.801(c)). The pump, micro-valve, and plug connectors you describe are considered service equipment. The definition of "different intermediate bulk container" does not include a packaging that differs in surface treatment; differs with regard to additives used to comply with §§ l 78.706(c), 178.707(c), or l 78.710(c); differs only in its lesser external dimensions (i.e., height, width, length); or differs in service equipment. The HMR define IBC service equipment as filling and discharge, pressure relief, safety, heating and heat-insulating devices, and measuring instruments (see§ 178.700(c)(2)). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2f:_ c:Lmo?/J./J-V-iA...J ~ / 7~- 'i;O / //6<2, / 7-(}35-7 Dodd, Alice (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Tuesday, May 16, 2017 3:53 PM Hazmat Interps FW: Requesting a letter of interpretation Hi Shante/Alice, Please submit this as a letter of interpretation. Mr. Furrer has spoken to a number of individuals in the HMIC, including myself. Please let me know if you have any questions. Thanks, Jordan From: Jason Furrer [mailto:jason.furrer@epi-roto.com] Sent: Tuesday, May 16, 2017 2:24 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Chuck Huston <Chuck.Huston@epi-roto.com>; Cullen Jones <cullen.jones@epi-roto.com>; Steve Cain <steve@taylor-cain.com> Subject: Requesting a letter of interpretation DOT, I have spoken with multiple DOT hazardous material representatives on the DOT hotline, and don't get a real solid answer on 49CFR 178.801 part 7 (iv). (7) Different /BC cJesign type is one that differs from a previously qualified IBC design tyr material of construction; wall thickness, or manner of construction, but does not include (0 A packaging which differs in surfac e treatment; (:ii) A rigid plastic IBC or composite IBC which differs with regard to additives used to con 178.707(c) or 178.710(c); (iii) A packaging which differs only in : its lesser external dimensions (i.e., height, width, construction and material thicknesses or fabric weight remain tile same; 'le (iv) A packag ing wh ich differs in service equipment We have an IBC tank with a 9" lid having a 2" center port with multiple configurations options. The 2" port could be fitted with a pump, or with a micro-valve, or with a plug. My understanding is that all of these configurations could be covered under the same UN certification test since they are the same "design type" (same wall thickness, same tank material, same tank size). Please clarify this interpretation.#

Page 3Thank you, Jason Furrer, P.E. Project Engineer www .epi-roto.com l r·-t Plasti1 cs. Inc. Elkhart Plastics, Inc. 51703 Packard Dr. • Middlebury, IN 46540 P 574.825.9797 ext 172 F 574.825.1797 E Jason.Furrer@epi-roto.com 2#