{"operation":"document","citation":"17-0075","title":"Elkhart Plastics, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-28","effective_on":null,"summary":"17-0075 response to Elkhart Plastics, Inc concerning 178.81.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0075.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0075.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0075","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56856/170075.pdf","body":"<<>>\n\nProject Engineer\nElkhart Plastics, Inc.\n51703 Packard Drive\nMiddlebury, IN 46540\nReference No. 17-0075\nDear Mr. Furrer:\nThis letter is in response to your June 27, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to drop testing requirements for\nIntermediate Bulk Containers (IBCs). Specifically, you ask whether the scenario you provide\nmeets the criteria in § 178.810(e) for a failure of the drop test. You provide pictures showing a\nbroken plastic fitting on a pump mounted to the top neck fill on an IBC and explain that the\nopening is located at least six inches above the fluid level of the package. Additionally, you\nexplain that the test lab noted, \"minor discharge, but no continued leakage.\"\nThe criteria for passing the drop test in § 178.810(e) state, \"there may be no damage which\nrenders the IBC unsafe to be transported for salvage or for disposable.\" Based on the scenario\nyou provided, it is the opinion of this Office that a damaged fitting that creates an opening in the\npackage renders the IBC unsafe to be transported.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFrom: Jason Furrer [mailto:jason.furrer@epi-roto.com]\nSent: Tuesday, June 27, 2017 9:35 AM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nCc: Chuck Huston ; Cullen Jones \nSubject: Request for Interpretation\nDOT Hazmat specialists,\nWe have a 220 gallon IBC tank with a 12VDC pump mounted on the top fill neck as shown below.\nPump\nDuring the drop test at a third party test lab, the plastic fitting next to the pump broke as shown below.\n1\n\n<<>>\n\nAccording to the test lab, \"there was a minor discharge, but no continued leakage.\" The concern would be whether or\nnot this would be unsafe to be transported for salvage or disposal (per 178.810 (3) (e). I spoke with Eamonn on the DOT\nhotline and he was unable to address this \"performance\" standard.\nSince the open fitting is over 6 inches above the fluid level, would this be considered unsafe for transport?\nThank you,\nJason Furrer, P.E.\nProject Engineer\nwww.epi-roto.com\n› Elkhart\nPlastics. Inc.\nElkhart Plastics, Inc.\n• 51703 Packard Dr. • Middlebury, IN 46540\nP 574.825.9797 ext 172 F 574.825.1797 E Jason.Furrer@epi-roto.com\n2\n\n<<>>","truncated":false,"body_characters":2492}