{"operation":"document","citation":"22-0127","title":"BGS, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-03-17","effective_on":null,"summary":"22-0127 response to BGS, LLC concerning 173.21, 173.24, 173.2a, 173.411, 180.350, 180.351, 180.352, 180.601, 180.603, 180.605.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0127.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0127.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0127","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/220127.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 17, 2023\nJohn Woodbury\nPackaging Management Council Coordinator\nBGS LLC\n3533 15th Street E\nLewiston, ID 83501\nReference No. 22-0127\nDear Mr. Woodbury:\nThis letter is in response to your November 28, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements for\ntransporting “UN3321, Radioactive material, low specific activity (LSA-II), 7.” Specifically, you\nrequest clarification on the use of portable tanks, cargo tanks, and tank cars as Industrial Package\nType 2 (Type IP-2) or Industrial Package Type 3 (Type IP-3) packagings, as authorized in\n§ 173.411.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a portable tank used as a Type IP-2 or Type IP-3 packaging, in\naccordance with § 173.411(b)(4), is subject to periodic testing.\nA1. The answer is yes. Section 173.411(b)(4)(ii) requires that a portable tank used as a Type\nIP-2 or Type IP-3 packaging must meet the standards of Chapter 6.7 of the United\nNations (UN) Recommendations on the Transport of Dangerous Goods Model\nRegulations (UN Model Regulations) or other requirements at least equivalent to those\nstandards. You correctly note that Chapter 6.7 requires periodic testing of UN portable\ntanks. The HMR also require periodic testing for Department of Transportation (DOT),\nIntermodal, and UN portable tanks in Part 180, Subpart G (§§ 180.601-605).\nQ2. You ask whether a portable tank used as a Type IP-2 or Type IP-3 packaging must be\ncleaned prior to entering radioactive material service.\nA2. This is not specifically addressed in the HMR. However, this Office understands that\ncleaning and purging a portable tank prior to beginning a new service is standard\nprocedure in most circumstances. Please be aware that the HMR forbids the mixing of\nmaterials which are likely to cause a dangerous evolution of heat, or flammable or\npoisonous gases or vapors, or to produce corrosive materials (see §§ 173.21(e) and\n\n<<>>\n\n173.24(e)). Additionally, if the package is not cleaned and purged, and remaining residual\nmaterial from the previous load have any hazardous characteristics, then combining that\nmaterial with a Class 7 hazardous material may require classification of multiple hazards\nper § 173.2a and may be subject to additional requirements in the HMR.\nQ3. You ask whether a cargo tank used as a Type IP-2 or Type IP-3 packaging, in accordance\nwith § 173.411(b)(5), must conform to HMR standards for a cargo tank as provided in\nPart 178, Subpart J.\nA3. The answer is no. A cargo tank authorized in § 173.411(b)(5) for use as a Type IP-2 or\nType IP-3 packaging is not required to be a DOT or MC specification cargo tank.\nQ4. You ask whether a tank car used as a Type IP-2 or Type IP-3 packaging, in accordance\nwith § 173.411(b)(5), must conform to HMR standards as provided in Part 179.\nA4. The answer is no. A tank car authorized in § 173.411(b)(5) for use as a Type IP-2 or Type\nIP-3 packaging is not required to be a DOT specification tank car.\nQ5. You ask whether a cargo tank or tank car used as a Type IP-2 or Type IP-3 packaging\nmust be cleaned prior to entering radioactive material service.\nA5. See answer A2.\nQ6. You ask whether a metal intermediate bulk container (IBC) used as a Type IP-2 or Type\nIP-3 packaging, in accordance with § 173.411(b)(7), is subject to periodic testing.\nA6. The answer is yes. A UN specification metal IBC used as a Type IP-2 or Type IP-3\npackaging, in accordance with § 173.411(b)(7), is subject to periodic test and inspection\nrequirements as described in the UN Model Regulations 6.5.4.4 and Part 180, Subpart D\n(§§ 180.350-352).\nQ7. You ask whether a metal IBC used as a Type IP-2 or Type IP-3 packaging must be\ncleaned prior to entering radioactive material service.\nA7. See answer A2.\nQ8. You ask whether a portable tank, cargo tank or tank car, and metal IBC authorized as a\nType IP-2 or Type IP-3 packaging in §§ 173.411(b)(4), (5), and (7)—respectively—is\nsubject to the requirements in § 173.411(b)(2) for use as a Type IP-2 packaging or\n§ 173.411(b)(3) for use as a Type IP-3 packaging.\n\n<<>>\n\nA8. The answer is no. A portable tank, cargo tank or tank car, and metal IBC authorized in\n§§ 173.411(b)(4), (5), and (7)—respectively—as a Type IP-2 or Type IP-3 packaging,\nmust meet the general design requirements of an Industrial Package Type 1 packaging as\na criterion within each packaging paragraph, but is not subject to the general design\nrequirements of §§ 173.411(b)(2) and (3). The provisions of §§ 173.411(b)(4), (5), and\n(7) are to be used as an alternative means of Type IP-2 and Type IP-3 packaging\ncertification.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPatrick\n22-0127\nFrom: INFOCNTR (PHMSA)\nTo: Date: Dodd, Alice (PHMSA); Hazmat Interps\nSubject: FW: Request for Interpretation\nTuesday, November 29, 2022 3:30:09 PM\nAttachments: DOT LOI IP2 11-28-22.pdf\nHi Alice and team,\nThank you.\n-Rachel (HMIC)\nPlease see the LOI request below. Let me know if there are any issues viewing the attachment.\nFrom: John Woodbury \nSent: Monday, November 28, 2022 3:04 PM\nTo: INFOCNTR (PHMSA) \nCc: Prakash.Kunjeer@em.doe.gov; Shenk, Julia \nSubject: Request for Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nPlease prove interpretation.\nThanks,\nJohn B. “Woody” Woodbury\nPackaging Management Council Coordinator\njwoodbury@bgs-llc.com\n(509) 438-6342\n\n<<>>\n\nNovember 28. 2022\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nU.S. Department of Transportation (DOT)\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRequest for Clarification of the Industrial Package Certifications and Tests for Portable Tanks,\nCargo Tanks, Tank Cars, or Metal Intermediate Bulk Containers\nDear Sir/Madam:\nThe offsite transport of various radioactive liquid streams in large quantities for treatment and\ndisposal is being evaluated. Most of those liquid streams are categorized as LSA-ll based on\nshipping these various radioactive liquid streams in Type IP-2 or possibly Type IP-3 packages\nthe A2/g concentration. As part of the offsite transport options, consideration is being given to\nas defined in 49 CFR 173.411. In reviewing the language in 49 CFR 173.411, it is unclear on\nexactly how to interpret the language in that section as it applies to the necessary certification\nand test requirements specifically for portable tanks, cargo tanks or tank cars, freight containers.\nand metal intermediate bulk containers. 49 CFR 173.411(a) provides a general requirement for\nindustrial packages and 49 CFR 173.411(b) provides industrial package certification and test\nrequirements. 49 CFR 173.411(b)(4) addresses industrial package certification and tests for\nportable tanks. 49 CFR 173.411(b)(5) addresses industrial package certification and tests for\nand tests for freight containers (included for completeness although not applicable for LSA-I|\ncargo tanks and tank cars. 49 CFR 173.411(b)(6) addresses industrial package certification\nliquids). 49 CFR 173.411(b)(7) addresses industrial package certification and tests for metal\nintermediate bulk containers.\nThe 49CFR173.411(a) requirement states \"Each industrial package must comply with the\n3 [packages).\" 49 CFR 173.411(b)(2) states \"Each Type IP-2 package must meet the general\nrequirements of this section which specifies package tests. applicable to...IP-1...IP-2, and..IP-\ndesign requirements prescribed in § 173.410 and when subjected to the tests specified in §\n173.465(c) and (d) or evaluated against these tests by any of the methods authorized by §\nincrease in the radiation levels recorded or calculated at the external surfaces for the condition\n173.461(a), must prevent: (i) Loss or dispersal of the radioactive contents; and (ii) A significant\nbefore the test.\" 49 CFR 173.411(b)(4)-(7) each explicitly requires that the container type\ncovered in that section \".\n...meets the requirements for Type IP-1 packages specified in\nparagraph (b)(1):\", however these same sections do not have an explicit requirement stating\nthat the container type must meet the requirements for Type IP-2 requirements under 49 CFR\n173.411(b)(2) or Type IP-3 requirements under 49 CFR 173.411(b)(3).\nFor reference, the International Atomic Energy Association's (IAEA) Specific Safety\nRequirement No. SSR-6, Regulations for the Sate Transport of Radioactive Materials, 2018\nEdition, at paragraphs 626-630 covers \"Alternative Requirements for Type IP-2 and Type IP-3\"\nand discusses portable tanks, tanks, freight containers, and metal IBCs. Those alterative\nrequirements listed in those paragraphs do not invoke the tests specified in paragraph 624 for\nIP-2 or paragraph 625 for IP-3. For clarification the tests referenced in SSR-6 paragraph 624\n1\n\n<<>>\n\n(for IP-2) and paragraph 625 (for IP-3) are similar to those specified via 49 CFR 173.411(b)(2)\nand 49CFR173.411(b)(3), respectively.\nQuestions:\n1. 49 CFR 173.411(b)(4) states, \"A portable tank may be used as a Type IP-2 or Type IP-3\npackage provided that:\n(i) It meets the requirements prescribed in Chapter 6.7 of the United Nations\n(i) It meets the requirements for Type IP-1 packages specified in paragraph (b)(1):\nRecommendations on the Transport of Dangerous Goods. (IBR. see § 171.7 of\nthis subchapter), \"Requirements for the Design, Construction, Inspection and\nTesting of Portable Tanks and Multiple-Elernent Gas Containers (MEGCs).\" or\nother requirements at least equivalent to those standards;\n(iii) It is capable of withstanding a test pressure of 265 kPa (38.4 psia); and\n(lv) It is designed so that any additional shielding which is provided must be capable\nof withstanding the static and dynamic stresses resulting from handling and\nroutine conditions of transport and of preventing more than a 20% increase in the\nmaximum radiation level at any extemal surface of the portable tanks.\"\nChapter 6.7 includes inspection requirements; however, 49 CFR 178.274, Specifications\nfor portable tanks, does not require inspections of portable tanks.\nDoes DOT expect that each portable tank that is going to be used as an IP-2 or IP-3\nhave a current inspection? Also, if these portable tanks have been used to ship another\nIP-3 liquid?\ncommodity, do these portable tanks have to be cleaned prior to loading with an IP-2 or\n2. 49 CFR 173.411(b)(5) states, \"A cargo tank or a tank car may be used as Type IP-2 or\nType IP-3 package for transporting LSA-I and LSA-ll liquids and gases as prescribed in\nTable 6 of § 173.427, provided that:\n(i) It meets the requirements for a Type IP.1 package specified in paragraph (b)(1);\n(il)\n• It is capable of withstanding a test pressure of 265 kPa (38.4 psia); and\n(ill) It is designed so that any additional shielding which is provided must be capable\nof withstanding the static and dynamic stresses resulting from handling and\nmaximum radiation level at any extemal surface of the tanks.\nroutine conditions of transport and of preventing more than a 20% increase in the\nAlthough, not explicitly stated, must the cargo tanks have to meet the requirements of 49\nCFR 178 subpart d and tank cars the requirements of 49 CFR 1797 Also, if these tanks\nhave been used to ship another commodity, do they have to be cleaned prior to loading\nwith an IP-2 or IP-3 liquid?\n3. 49 CFR 173.411(b)(7) states, \"A metal intermediate bulk containers may be used as a\nType IP-2 or Type IP-3 package, provided:\n(i) It meets the requirements for a Type IP-1 package specified in paragraph (b)(1);\n(il) It meets the requirements prescribed in Chapter 6.5 of the United Nations\nthis subchapter). \"Requirements for the Construction and Testing of Intermediate\nRecommendations on the Transport of Dangerous Goods, (IBR, see § 171.7 of\nBulk Containers,\" for Packing Group | or II, and if subjected to the tests\n2\n\n<<>>\n\n(B) prescribed in that document. but with the drop test conducted in the most\ndamaging orientation, rt would prevent\n{Al Loss or dispersal of the radioactive contents: and\nMore than a 20% increase in the maximum radiation level at any exlemal\nsurface of the intermediate bulk container\nDoes DOT expect that each metal intermediate bulk container that is going to be used\nas an IP-2 or IP-3 have a current inspection? Also, if these OOlk containers have been\nused to ship another commodity. do these bulk containers have to be cleaned prior to\nloading with an IP-2 or IP-3 liquid?\n4. In 49 CFR 173.411(b)(4), (5), (6) and (7), the requirement to meet 49 CFR 173 411{b)(1)\nis explicitly specified but the requirement to meet 49 CFR 173.411(b)(2) or (3) is not\nspecified. Is ii correct to infer that the requirements specified for the various packagings\nas described in 49 CFR 173.411(b}(4), (5), (6) and (7) are sufficient and 111s not\nnecessary to meet those requirements specified in 49 CFR 173 411(b)(2) and (3)?\nYour clanfi�lion of this issue will be appreciated.\nRespectfully,\n-,\nn B. Woodbury\nPackaging Management Council Coordinator\n3533 15\"' Street E\nLewiston, 10 83501\nPhone: 509-438-6342\nEmail· JWOOdbury@bgs-llc.com\n3","truncated":false,"body_characters":13621}