July 07, 2017
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 22nd letter questions related to the applicability of the Hazardous Materials Regulations (“HMR”) to non-specification bulk packaging.
PHMSA was responding to January 24th and January 27th inquiries from Schuster Metals, LLC.
The questions posed related to § 172.103(c)(3), Special provision B115, and its applicability to UN3170, Aluminum smelting by-products or Aluminum remelting by-products, 4.3, PG II or III, when packaged in a non-specification bulk packaging. An example cited by Schuster Metals, LLC is a closed bulk bin trailer or a metal tote.
The issues addressed in the May 22nd PHMSA letter include:
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Placement of material directly on the floor of a highway trailer that is a closed bulk bin under the conditions prescribed in § 172.103(c)(3), Special provision B115.
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Placing material in non-structural, non-integral, non-specification containers (citing as an example a metal tote) as a means to sift-proof a bulk packaging as prescribed in § 172.102(c)(3), Special provision B115.
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Display of a DANGEROUS WHEN WET label as prescribed in § 172.423 on a non-structural, non-integral inner package contained within an outer non-specification bulk packaging.
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Referencing as an example the use of a non-specification bulk metal tote that is 41-inches wide x 49-inches long x 40-inches high and rated for 5,000 pounds gross weight and over 150 gallons capacity under the criteria prescribed in § 172.102(c)(3), Special provision B115.
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Use of plastic wrap as the closure for a non-specification bulk metal container.
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Use of a non-specification bulk metal container without a top closure if the solid material itself cannot be released under the normal conditions of transportation.
A copy of the PHMSA letter can be downloaded here.
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