TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration March 25, 2022 Robert Ten Eyck TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Reference No. 21-0113 Dear Mr. Eyck: This letter is in response to your December 21, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging requirements for certain nitric acid solutions (69.5% nitric acid). Specifically, you seek clarification on the implementation of special provision IP15—which is listed in Column 7 of the § 172.101 Hazardous Materials Table (HMT)—as it applies when this material is packaged in a composite intermediate bulk container (IBC) with a rigid inner receptacle. In your letter, you describe a scenario involving unused composite IBCs that were manufactured in 2018. You ask: (1) whether these composite IBCs are restricted from use when transporting “UN2031, Nitric acid other than red fuming, with at least 65 percent, but not more than 70 percent nitric acid, 8, (5.1), PG II”; and (2) whether the two-year limit on using the composite IBCs is triggered by the IBC manufacture date. The answer to both questions is yes. Nitric acid solutions assigned special provision IP15 in Column 7 of the HMT may not be transported in a composite IBC with a rigid inner receptacle that is more than two years out from its date of manufacture. Further, the two-year limit is based on the date of manufacture, regardless of when the packaging is filled. As stated in special provision IP15, “for UN2031 with more than 55% nitric acid, rigid plastic IBCs and composite IBCs with a rigid inner receptacle are authorized for two years from the date of IBC manufacture.”#

Page 2Please note that this restriction does not preclude the use of the IBCs for other hazardous materials as authorized. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3December 21, 2021 Shane Kelley US DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Standards and Rulemaking PHH-10 1200 New Jersey Avenue SE Building, 2nd Floor Washington, DC 20590 Re.: Use of Special Provision IP15 Dear Shane: A client of ours contacted us concerning Title 49 CFR Special Provision IP15 and their use of composite IBCs for packaging 69.5% nitric acid. The company has an inventory of new IBCs that were manufactured in 2018 and because of the language in IP15 that states “composite IBCs with a rigid inner receptacle are authorized for two years from the date of IBC manufacture” they question if these new IBCs are restricted from use. It would make sense to start the packaging shelf life at the time the package is first filled with the nitric acid as opposed to the actual container manufacture date that appears as part of the UN package specification marking. This special provision was placed in the Title 49 CFR regulations under Docket HM-215J and is taken from the language that appears in the UN Recommendations on the Transport of Dangerous Goods (re. Packing Instruction IBC02, Special Packing Provision B15). We could not find anything in the preamble to the Title 49 CFR regulation or past UN papers that explain the intent of this special provision and so we are writing to ask for a formal interpretation as to whether the two-year limit applies to the actual container manufacture date or when the package is first filled with the nitric acid. Thank you for your input on this regulatory matter. Sincerely, Web: www.ten-e.com Web: www.ten-e.com Web: www.ten-e.com TEN-E Packaging Services, Inc. 1666 County Road 74 326 North Corona Avenue 2101 North Shore Street Newport, MN 55055 Ontario, CA 91764 High Point, NC 27263 Phone: 651-459-0671 Phone: 909-937-1260 Phone: 336-803-1331 Fax: 651-459-1430 Fax: 909-937-1262 Fax: 336-804-5074 Email: info@ten-e.com Email: info@ten-e.com Email: info@ten-e.com United States – Minnesota United States – California United States – North Carolina#

Page 4From: Kelley, Shane (PHMSA) To: Dodd, Alice (PHMSA) Cc: INFOCNTR (PHMSA) Subject: Fwd: Special Provision IP15 Date: Tuesday, December 21, 2021 12:41:22 PM Attachments: image001.png 21-MN50039 Use of Special Provision IP15 - DOT Interpretation.docx Good afternoon team. Please see the attached for processing as a request for interpretation. Thank you From: Robert Teneyck <Robert.Teneyck@ten-e.com> Sent: Tuesday, December 21, 2021 12:23:50 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Subject: Special Provision IP15 CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hi Shane, Attached is a formal request for an interpretation on the use of Special Provision IP15 when packaging nitric acid in composite IBCs. Please let me know if you need anything further to respond to this inquiry. Thanks much. Bob T. Robert Ten Eyck TEN-E Packaging Services, Inc. robert.teneyck@ten-e.com 1666 County Road 74 Office: 651-459-0671 Newport, MN 55055 Fax: 651-459-1430 www.ten-e.com#

Page 5December 21, 2021 Shane Kelley US DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Standards and Rulemaking PHH-10 1200 New Jersey Avenue SE Building, 2nd Floor Washington, DC 20590 Re.: Use of Special Provision IP15 Dear Shane: A client of ours contacted us concerning Title 49 CFR Special Provision IP15 and their use of composite IBCs for packaging 69.5% nitric acid. The company has an inventory of new IBCs that were manufactured in 2018 and because of the language in IP15 that states “composite IBCs with a rigid inner receptacle are authorized for two years from the date of IBC manufacture” they question if these new IBCs are restricted from use. It would make sense to start the packaging shelf life at the time the package is first filled with the nitric acid as opposed to the actual container manufacture date that appears as part of the UN package specification marking. This special provision was placed in the Title 49 CFR regulations under Docket HM-215J and is taken from the language that appears in the UN Recommendations on the Transport of Dangerous Goods (re. Packing Instruction IBC02, Special Packing Provision B15). We could not find anything in the preamble to the Title 49 CFR regulation or past UN papers that explain the intent of this special provision and so we are writing to ask for a formal interpretation as to whether the two-year limit applies to the actual container manufacture date or when the package is first filled with the nitric acid. Thank you for your input on this regulatory matter. Sincerely, Web: www.ten-e.com Web: www.ten-e.com Web: www.ten-e.com TEN-E Packaging Services, Inc. 1666 County Road 74 326 North Corona Avenue 2101 North Shore Street Newport, MN 55055 Ontario, CA 91764 High Point, NC 27263 Phone: 651-459-0671 Phone: 909-937-1260 Phone: 336-803-1331 Fax: 651-459-1430 Fax: 909-937-1262 Fax: 336-804-5074 Email: info@ten-e.com Email: info@ten-e.com Email: info@ten-e.com United States – Minnesota United States – California United States – North Carolina#