[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16673]
[[Page Unknown]]
[Federal Register: July 26, 1994]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Intermediate Bulk Containers for Hazardous Materials; Final Rule
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 178, and 180
[Docket No. HM-181E; Amdt. Nos. 171-126, 172-136, 173-238, 178-103,
180-5]
RIN 2137-AC23
Intermediate Bulk Containers for Hazardous Materials
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is amending the Hazardous Materials Regulations to
include requirements for the construction, maintenance and use of
intermediate bulk containers (IBCs) for the transportation of hazardous
materials. The amendments are based on standards contained in the
United Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations) and the commodity assignments set forth in the
International Maritime Organization's (IMO's) International Maritime
Dangerous Goods (IMDG) Code. This final rule establishes safety
standards for IBCs; allows for flexibility and technological innovation
in the development of IBC design types; eliminates the need for most
DOT exemptions applying to polyethylene, rigid, and flexible IBCs;
enhances safety; and harmonizes domestic provisions for IBCs with
international provisions.
DATES: Effective: September 30, 1994.
Compliance date: Compliance with the regulations, as amended
herein, is authorized as of August 12, 1994.
Incorporation by reference: The incorporation by reference of
certain publications listed in these amendments has been approved by
the Director of the Federal Register as of September 30, 1994.
FOR FURTHER INFORMATION CONTACT: John Potter, Office of Hazardous
Materials Standards, (202) 366-4488, or William Gramer, Office of
Hazardous Materials Technology, (202) 366-4545, RSPA, U.S. Department
of Transportation, 400 Seventh Street SW., Washington DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On August 14, 1992, RSPA published in the Federal Register a notice
of proposed rulemaking (NPRM) (Docket No. HM-181E; Notice 92-7; 57 FR
36694) proposing to amend the Hazardous Materials Regulations (HMR; 49
CFR Parts 171-180) by incorporating requirements for the construction,
maintenance and use of intermediate bulk containers (IBCs) for the
transport of hazardous materials. Requirements in this final rule
continue the process initiated under Docket No. HM-181 (55 FR 52402-
52720, Dec. 21, 1990; 56 FR 66124-66287, Dec. 20, 1991) of adopting
performance-oriented packaging standards based, in part, on UN
Recommendations. This final rule also responds to a petition for
rulemaking (P-1103) from the Rigid Intermediate Bulk Container
Association (RIBCA) requesting adoption of IBC requirements based on
the UN Recommendations.
The construction and design testing requirements for IBCs contained
in this final rule are based, in large part, on standards specified in
Chapter 16 of the UN Recommendations. These standards include
definitions, specifications, performance test requirements, inspection,
and periodic testing of metal, rigid plastic, composite, fiberboard,
wooden, and flexible IBCs.
A major benefit of this final rule is the elimination of the need
for a number of exemptions. RSPA believes that regulating the
manufacture and use of IBCs under the HMR will enhance technological
innovation, particularly in the development of polyethylene and
composite IBCs. The elimination of the need for IBC exemptions also
frees manufacturers from the cost and administrative burdens associated
with obtaining, using and renewing exemptions.
Two commenters urged RSPA to grandfather existing plastic and
composite IBCs currently under exemptions that withstand performance
test requirements proposed in the NPRM. RSPA recognizes the need for a
policy which eliminates unnecessary exemptions but permits the
manufacture and use of IBCs that already meet UN standards or offer an
equivalent level of safety. Therefore, in this final rule, RSPA is
establishing four options to address IBC packagings currently
manufactured and used under terms of an exemption:
(1) RSPA will consider renewing the terms of a DOT exemption IBC in
accordance with the provisions in subpart B of part 107 until October
1, 1996. With a two-year exemption term, IBCs could be used until
October 1, 1998.
(2) Exemption IBC packagings meeting new construction and design
type test standards adopted in subparts N and O of part 178 in this
final rule may be remarked and certified as UN standard packagings. In
such cases, exemptions would no longer be needed.
(3) Under the approval of equivalent packagings provided in
Sec. 178.801(i), an exemption intermediate bulk container which differs
from the standards in subpart N of this part, or which is tested using
methods other than those specified in subpart O of this part, may be
approved as a UN standard packaging by the Associate Administrator for
Hazardous Materials Safety. Such intermediate bulk containers must be
shown to be equally effective, and testing methods used must be
equivalent. The exemption numbers must be retained for reference.
(4) Exemptions issued for IBC packagings after the effective date
of this final rule will be based on the construction and testing
standards established in subparts N and O to part 178 in this final
rule.
Although not a complete list, the following 128 exemptions
authorizing IBCs are potentially affected by the adoption of the UN IBC
standards:
5520
6743
7259
7543
7622
7625
7869
8087
8094
8136
8146
8225
8303
8332
8351
8444
8570
8588
8629
8631
8653
8681
8692
8779
8784
8798
8839
8861
8871
8883
8884
8910
8921
8937
8942
8982
9015
9042
9046
9052
9062
9078
9089
9092
9110
9116
9117
9133
9140
9144
9150
9201
9213
9272
9289
9319
9340
9367
9374
9396
9400
9440
9498
9503
9519
9531
9533
9534
9592
9628
9637
9645
9658
9690
9692
9701
9713
9783
9789
9804
9805
9806
9819
9846
9889
9917
9920
9923
9938
9944
9983
9996
10021
10090
10104
10135
10172
10273
10298
10318
10340
10362
10468
10476
10513
10537
10547
10562
10563
10570
10598
10633
10679
10687
10694
10725
10738
10764
10775
10811
10826
10828
10837
10841
10852
10864
10894
10897
II. Summary of Rulemaking Actions in Response to Comments
Seventy-three commenters responded to the NPRM. Commenters
unanimously supported general adoption of IBC standards based on
Chapter 16 of the UN Recommendations, but with modifications for
domestic transportation. One commenter said that adoption of
international IBC standards ``will not only ensure safety and
facilitate transport but will improve competitiveness of American
industries engaged both in the sale of hazardous materials, and of
hazardous materials packagings, in the global marketplace.'' Other
specific comments are addressed in Part III, Review by Section. Based
on the merits of comments, RSPA is: (1) limiting the applicability of
``secondary protection'' to IBCs intended for vessel transportation, in
accordance with the IMDG Code (RSPA also is requiring Packing Group I
and II hazardous materials in certain IBC types to be further packed in
closed transport vehicles); (2) permitting replacement of repaired add-
on plastic components; (3) revising the definition of IBC ``body'' by
excluding service equipment, thus permitting more flexibility in what
previously were considered design-type changes, without requalification
testing; (4) establishing a vibration test requirement for rigid IBCs
and a vibration capability standard for flexible IBCs; and (5) setting
forth in a single table in Sec. 178.803 the IBC design qualification
testing proposed in Secs. 178.810-819 for the certification of metal,
rigid plastic, composite, fiberboard, wooden, and flexible IBC types.
RSPA also is adopting certain recommendations approved for the
Eighth revised edition of the UN Recommendations during the 17th
session of the UN Committee of Experts (December 7-16, 1992). These
include authorization of Packing Group I solids in IBCs, with certain
quantity restrictions; addition of a Packing Group I drop test, and
deletion of the 10-minute hold on production line leakproofness
testing.
RSPA is establishing generic IBC commodity assignments in
Secs. 173.240 through 173.243 with certain special provisions in
Sec. 172.102. Generally, IBC commodity assignments are based on the
lists of liquid and solid ``Substances Suitable for Transport in
Intermediate Bulk Containers,'' contained in the IMDG Code. However,
RSPA is authorizing the use of IBCs for some materials that are not
allowed by the IMDG Code to be transported in any IBC or in a specific
IBC type.
Because DOT Specification 56 (DOT 56) and 57 (DOT 57) portable
tanks are functionally IBCs, these design-types will be covered by the
provisions of this rule. This coverage will obviate the necessity to
maintain these older standards for metal IBCs. Consequently, RSPA is
not authorizing the manufacture of DOT 56 and 57 portable tanks after
October 1, 1996. However, RSPA will permit continued domestic use of
DOT 56 and 57 portable tanks for as long as they meet the retest
provisions contained in Sec. 173.32(e).
For reasons discussed in Part III, Review by Section, RSPA is not
adopting commenters' suggestions to: (1) remove the proposed 450-liter
(119- gallon) lower IBC capacity limit, (2) authorize non-specification
IBCs, (3) remove testing requirements for periodic design
requalification by incorporating quality assurance programs based on
documentation, or (4) permit reuse of flexible IBCs. RSPA also is not
adopting the five-year limit on plastic IBC service proposed in
Secs. 173.35(h) and 180.351(c).
III. Review by Section
Part 171
Section 171.7. A puncture-resistance standard for fiberboard
packagings (ISO 3036-1975) is added to the table of material
incorporated by reference in paragraph (a), as approved by the Federal
Register. RSPA believes that approved changes in the frequency of IBC
design requalification testing must be based on a detailed quality
assurance program, but not on any particular set of quality assurance
standards. RSPA believes that limiting quality assurance standards to
those set forth in ISO 9000 by itself would not be adequate. Therefore,
reference to the quality assurance standard under ISO 9000 in proposed
Sec. 178.801(e)(2)(i) is deleted.
Section 171.8. A definition of ``intermediate bulk container'' is
added in this section to mean a rigid or flexible portable packaging,
other than a cylinder or portable tank, which is designed for
mechanical handling. The proposed reference to ``semi-rigid'' IBCs is
not adopted because specifications have yet to be developed for this
type of IBC construction.
IBC capacity limits have been removed from the general IBC
definition in this section and are placed in the IBC standards in
Sec. 178.700(c)(1). The definition ``UN standard packaging'' is revised
to include reference to newly added subparts N and O of Part 178. In
this final rule, ``secondary containment'' applies only to IBCs
intended to be transported by vessel which may require ``secondary
protection,'' as specified in Section 26 of the IMDG Code. Therefore,
the definition ``secondary containment'' is removed (See discussion in
the preamble to Sec. 173.240-243).
Section 171.12. This section is revised to authorize the use of
IBCs in accordance with the IMDG Code for shipments involving
transportation by vessel. RIBCA suggested that RSPA amend paragraph
(b)(5) to require rigid IBCs to pass the vibration test in proposed
Sec. 178.819. RIBCA said this test ``needs to apply to all IBCs being
transported in this country.'' This suggestion is not adopted. In final
rules under Docket HM-181, RSPA did not require that imported non-bulk
packagings be capable of passing the vibration standard in
Sec. 178.608, unless they are filled or refilled in the U.S. In this
final rule, USA-marked rigid IBCs, and foreign-manufactured rigid IBCs
filled in the U.S., must withstand the vibration test in Sec. 178.819.
Flexible IBCs must be capable of withstanding this test.
Part 172
Sections 172.101-102. The Hazardous Materials Table (HMT) is
revised by adding special provisions B100, B101, B103 and B104 as
proposed. These special provisions prohibit the transportation of
particular materials in certain or all IBCs, and set forth special
conditions for use of IBCs. In this final rule, Special Provision B101
is revised to authorize metal IBCs for certain liquid and solid
materials. Proposed B102 is incorporated into B101, and is not adopted.
IBC authorizations pertaining to six materials under Special provisions
B101 and B100 have been revised in this final rule. Five dual hazard
materials proposed to be authorized only in metal IBCs under Special
provision B101 also are authorized generically for metal IBCs
Sec. 173.243. To remove this redundancy, the references to B101 for
these materials have been removed from the Sec. 172.101 Table.
For consistency with the IMDG Code, in this final rule, RSPA is
prohibiting the use of IBCs for several Division 4.3 and Division 4.2
Packing Group I materials that were inadvertently authorized in the
notice. Also for consistency with the IMDG Code, RSPA is adding
additional IBC use limitations and operating requirements in Special
provisions B105, B106, B108, B109 and B110. For example, B106 requires
that IBCs be ``vapor tight'' (i.e., IBCs that will prevent any vapor
from entering or escaping during transportation. A vapor tight IBC must
be capable of passing the leakproofness test in 178.813). Special
provision B108 requires that materials in Division 4.3 Packing Group
III be in sift-proof, water resistant flexible, fiberboard or wooden
IBCs packed in a closed transport vehicle. Special provision B110
authorizes IBCs for Bromobenzyl cyanides, solid and Divinyl ether,
inhibited only if packaged in accordance with Sec. 173.242(d). These
materials inadvertently reference Secs. 173.240 and 173.241.
Section 172.322. In response to a petition for reconsideration
received under Docket HM-211 addressing marine pollutants, this section
is revised to provide a partial exception from the marine pollutant
marking requirements for small bulk packagings (packages with
capacities of up to 3,785 liters [1,000 gallons]). Consistent with
recently adopted marine pollutant requirements for other bulk packages,
IBCs (limited to an upper capacity of 3,000 liters, 793 gallons)
require two, instead of four, marine pollutant markings.
Section 172.514. Paragraph (c)(4) is added, as proposed, to require
all IBCs to be labeled or placarded on two opposite sides.
Part 173
Section 173.24. Paragraph (d) is revised to require IBCs
manufactured under performance-oriented standards to conform to
subparts N and O of part 178. The requirement that measures must be
taken to prevent electrostatic discharge proposed in paragraph (j) of
this section, has been moved in this final rule to Sec. 173.35(k).
Section 173.32. A grandfather provision for DOT 56 and 57 portable
tanks is added in paragraph (d). DOT 56 and 57 portable tanks may not
be manufactured after September 30, 1996. DOT 56 and 57 portable tanks
manufactured before October 1, 1996, may continue in hazardous
materials service for the commodities currently authorized as long as
they meet the retest requirements in paragraph (e) of this section.
One commenter pointed out that the retest requirements (every two
years) for DOT 52, 53, 56 and 57 portable tanks in
Sec. 173.32(e)(1)(ii) should be made consistent with the 2.5 year
retest and inspection requirements in (b)(1) and (b)(2) for all other
IBCs intended for liquids or for solids loaded and discharged under
pressure. The commenter said ``this consistency would be most helpful
in establishing general retest procedures at user sites.'' RSPA agrees
that, for consistency with retest period requirements for metal, rigid
plastic and composite IBCs in Sec. 180.352, DOT 52, 53, 56 and 57
portable tanks should be retested every 2.5 years. Paragraph (e)(1)(ii)
is revised accordingly.
Dual-marked portable tanks certified to both pre-October 1, 1996
DOT 56 or 57 specifications and the metal IBC standards adopted in this
final rule must conform to the pre-October 1, 1996 retest requirements
in Sec. 173.32(e) and the metal IBC retest and inspection requirements
adopted in subpart D to part 180 of this final rule.
Section 173.35. This section contains operational requirements for
the use of IBCs. IBC filling limits and vapor pressure limits for rigid
plastic or composite IBCs intended to contain liquids or solids are
addressed. Under this section, each IBC and its service equipment,
before being filled and offered for transportation, must be visually
inspected to ensure that it is free from corrosion, contamination,
cracks, or other damage which would render it unsafe for
transportation. Operational requirements prescribed in this section
apply only to IBCs manufactured in accordance with subparts N and O of
part 178. For DOT 52, 53, 56 and 57 portable tanks, operational
requirements remain in Sec. 173.32. DOT 56 and 57 portable tanks
manufactured before October 1, 1996 continue to be subject to
requirements in Sec. 173.32 for the service life of these units.
Commenters opposed the proposed ban, in paragraph (b), on the use
of rigid plastic or composite IBCs with repaired plastic components.
RIBCA contended that ``precluding replacement or repair of any damaged
plastic component would quickly remove IBCs from service long before
they have served their useful lives.'' RIBCA added that many plastic
components are satisfactorily replaced or repaired. RIBCA suggested
that paragraph (b) be amended to read: ``no rigid plastic or composite
IBC with a repaired plastic body (except for openings and closures) may
be reused,'' but that it allow such essential plastic parts as
closures, pallets, valve door or leg, to be replaced.
Consistent with a new UN-recommended definition of ``IBC body'' as
the ``receptacle proper'' that does not include service equipment (see
Sec. 178.700(c)(1)), RSPA agrees that no repair of a rigid plastic IBC
body or plastic inner receptacle should be permitted. RSPA agrees,
therefore, proposed paragraph (b) is revised in this final rule to
permit repair or replacement of add-on plastic components. Under this
revision, for example, repair of a threaded opening considered part of
the IBC body is not permitted. Conversely, replacement of service
equipment, such as a screw-on plastic closure with stripped threads, is
permitted.
Several commenters, including the Chlorobenzene Producers
Association (CPA), asked RSPA to remove the proposed provision in
paragraph (b) forbidding reuse of flexible IBCs. CPA said such a
prohibition is wasteful and unnecessary and there is no basis for
rejecting the inspection and reuse alternative for flexible IBCs. CPA
asserted that a ban on flexible IBC reuse would aggravate U.S. solid
waste disposal problems and that the ban ``conflicts with goals of
waste minimization.'' Another commenter said that ``economics, safety
and environmental concerns all point to reusability.'' CPA added that a
categorical ban on flexible IBC reuse also would retard innovation in
the development of flexible IBC design types, including development of
durable, reusable construction materials.
RSPA does not agree that reuse of flexible IBCs should be
permitted. Flexible IBCs have not been permitted to be reused in the
past under provisions of exemptions or approvals. RSPA does not have
evidence that fiberboard, wooden or flexible IBCs are designed to be,
or are suitable for, reuse in hazardous materials service. Therefore,
as proposed in paragraph (b), fiberboard, wooden and flexible IBCs may
not be reused for hazardous materials.
One commenter said proposed paragraph (c), requiring added
thickness to compensate for IBC body thinning by corrosion or
mechanical abrasion, does not go far enough. The commenter recommended
that shippers be required to ``verify lading compatibility to the IBC
material of construction.'' The commenter said that allowing an
increased thickness to compensate for corrosion ``could lead to the
failure or leakage of a metallic IBC.'' The commenter added that rates
of corrosion are ``affected by temperature, pressure, etc., and
therefore, added thickness may not be enough to prevent a leaker.''
RSPA disagrees. Shippers currently are required to comply with
general requirements in subpart B of part 173 to assure the integrity
of all hazardous materials packagings under conditions normally
incident to transportation. Section 173.24(e)(1) specifically requires
that all packagings be compatible with their lading. Failure to comply
with compatibility requirements in Sec. 173.24(e)(1) may result in a
thinning of the IBC body below thickness standards specified in
Sec. 178.705(c) for metal IBCs, possibly resulting in leakage. RSPA
believes that increasing IBC body thickness is necessary to ensure
design-type integrity. Therefore, as proposed, RSPA is adopting
paragraph (c) requiring that a metal IBC, subject to thinning by
mechanical abrasion or corrosion due to the lading, be protected by
providing a suitable increase in thickness of material, a lining or
some other suitable method of protection.
Three commenters, including the National Agricultural Chemicals
Association (NACA), opposed the five-year authorized period for use of
rigid plastic IBCs and plastic inner receptacles of composite IBCs
proposed in paragraph (h). One commenter said that a use restriction
should not be included in a final rule without further input from
industry regarding what a suitable in-use life should be for plastic
IBCs, following the approach taken for non-bulk plastic packagings. For
domestic uses of plastic IBCs, RSPA concurs with these commenters and,
therefore, is not adopting the five-year use restriction for rigid
plastic IBCs and inner plastic receptacles of composite IBCs proposed
in paragraph (h). Internationally, the five-year use restriction may
still be applied.
Proposed paragraph (i) is adopted as paragraph (h) and is clarified
to distinguish between the use of gauge and absolute pressures when
determining suitability of plastic and composite IBCs for liquid
hazardous materials based on their vapor pressures. The test pressure
marked on the IBC is a gauge pressure. Gauge pressure consists only of
the vapor pressure of the hazardous material in the IBC that exceeds
atmospheric pressure. Absolute pressure consists of ambient atmospheric
pressure plus the vapor pressure of the hazardous material in the IBC.
Vapor pressure of the hazardous material is the pressure exerted on the
IBC by gases emitted by the material.
RIBCA pointed out that proposed vapor pressure requirements in
paragraph (i)(2) apply to all IBCs, whereas in proposed paragraph
(d)(2)(viii) in Secs. 173.241 and 173.242, identical requirements apply
only to metal IBCs. Accordingly, paragraph (h)(2) in this final rule
applies the 110 kPa (16 psi) vapor pressure restriction only to metal
IBCs. There is a test pressure limit for metal IBCs of 200 kPa (29
psig) which must not be exceeded by the vapor pressure of any material
times a factor of safety of 1.5 or 1.75 depending on temperature.
Consistent with recommendations in the Eighth revised edition of
the UN Recommendations, RSPA also is adding paragraph (j), which
establishes a maximum capacity of 1.5 cubic meters (17.7 cubic feet)
for rigid plastic, composite, flexible, fiberboard, and wooden IBCs
authorized to transport Packing Group I solids. For metal IBCs, the
maximum allowable capacity for Packing Group I solids remains at 3
cubic meters (35.3 cubic feet). No Packing Group I liquid is authorized
in IBCs (see paragraph (d)(2)(i) in Secs. 173.242 and 173.243).
Several commenters urged RSPA not to adopt proposed paragraph (j)
in Sec. 173.24 pertaining to the prevention of electrostatic discharge.
They claimed that the discharge danger occurs only in plant operations
and not during transportation. One commenter asserted that the wording
of proposed paragraph (j) ``establishes a new requirement applicable to
all packagings.'' RSPA agrees that prevention against electrostatic
discharge is not required during transportation, although a danger does
exist during loading and unloading operations. Accordingly, RSPA is
revising the requirement proposed in paragraph (j) to prevent
electrostatic discharge only during the loading and unloading of
flammable liquids and powders that could result in an explosion. This
requirement applies to IBCs used in all modes, not just highway (see
Sec. 177.837(b)). Because this is an operational requirement, the
provision proposed in Sec. 173.24(j) is moved to Sec. 173.35 and
adopted as paragraph (k).
Section 173.225. As proposed, RSPA is adopting a modified form of
Table 11.4 in the UN Recommendations, authorizing four organic peroxide
materials in 31HA1 composite IBCs. Special conditions for certain
organic peroxides transported in IBCs also are prescribed. One
commenter requested an extension of organic peroxide authorizations in
IBCs to include all organic peroxides in the Type F and G categories,
liquids and solids, if they meet the definitions for those categories
in Sec. 173.128. RSPA agrees that type F organic peroxides currently
authorized for bulk packagings are suitable for IBCs. Therefore, RSPA
is amending footnote 14 to the Organic Peroxides Table in Sec. 173.225
to authorize IBCs for Type F organic peroxides. Because Type G organic
peroxides are not subject to the requirements of this section, there
are no IBC restrictions that apply to this material.
Sections 173.240-243. These generic bulk packaging sections are
amended to authorize IBCs for certain solids and liquids and in
Secs. 173.242 and 173.243 to prohibit the use of IBCs for Packing Group
I. In Secs. 173.242 and 173.243, RSPA is authorizing Packing Group I
solids in both metal IBCs with capacities of up to 3 cubic meters (35.4
cubic feet) and non-metal IBCs with capacities up to 1.5 cubic meters
(17.7 cubic feet).
Commenters urged RSPA to authorize non-specification IBCs
consistent with existing packaging provisions which permit non-
specification portable tanks for low-hazard materials, and with
Sec. 173.150(f)(3), which allows combustible materials meeting no other
hazard class criteria to be shipped in non-specification bulk
containers. These requests are not adopted. RSPA believes that IBCs
should meet the performance standards adopted in this rule as a
condition for use. Therefore, metal, rigid plastic, composite,
fiberboard, wooden and flexible IBC types authorized in
Secs. 173.240(d) and 173.241(d) must be constructed as prescribed in
subpart N, and tested in accordance with subpart O, of part 178.
The NPRM inadvertently proposed that certain dual-hazard materials
be authorized for transport in all rigid IBCs. The generic
authorizations proposed in Sec. 173.243 for these materials deviate
from the level of containment intended for these materials. Therefore,
consistent with RSPA's policy, as stated in Docket HM-181, to emphasize
package integrity as a principal means of maintaining hazardous
materials transportation safety, Sec. 173.243(d)(1) is revised to limit
multiple-hazard materials to metal IBCs.
One commenter noted that, under the proposed regulation, materials
having a subsidiary hazard of Class 3, but with a flash point higher
than 100 deg. F, or having a subsidiary hazard of Division 6.1, Packing
Group III, would no longer be authorized in DOT 57 portable tanks. The
commenter urged RSPA to address this situation in this rulemaking.
Under HM-181, most liquid multiple-hazard materials are assigned
packagings in Sec. 173.243, which does not specifically list the DOT 57
portable tank. RSPA recognizes that in HM-181, certain materials with
low subsidiary hazards of flammability and toxicity have been assigned
packaging in Sec. 173.243 (generic authorizations for certain high
hazard liquids and dual hazards) for the transport of these materials.
Therefore, in Sec. 173.243(e) of this final rule, a dual hazard
material with a subsidiary hazard of either Class 3 with a flash point
exceeding 100 deg.F or Division 6.1, Packing Group III, may be
packaged in accordance with Sec. 173.242.
In this final rule, specific IBC requirements for Division 4.3
DANGEROUS WHEN WET materials are provided under Special Provisions in
the Sec. 172.101 Table. Therefore, generic IBC authorizations and
operating requirements for these materials in proposed paragraphs
(d)(2)(v) and (d)(2)(vii) in Secs. 173.240, 173.241, 173.242 and
173.243 are not adopted (see previous discussion under Sec. 172.101).
Commenters opposed the broad applicability of the proposed
``secondary containment'' requirement as proposed in the NPRM, which
stated that freight containers or vehicles containing IBCs ``should
have rigid sides or fencing at least to the height of the IBCs.''
Several commenters asserted that applying such a requirement to IBCs
shipped by surface transportation would create hardships for retail
dealers and farmers. RIBCA said the proposed definition of ``secondary
containment'' would preclude the use of IBCs or greatly increase
handling costs. Commenters urged RSPA to narrow the applicability of
``secondary containment'' to vessel transportation and to use the term
``secondary protection,'' consistent with the IMDG Code. RSPA concurs.
Accordingly, in this final rule, the proposed requirement that
materials in Packing group II be transported in IBCs employing
secondary containment are removed. IBCs containing hazardous materials
intended for transportation may require secondary protection in
accordance with Section 26 of the IMDG Code. However, RSPA believes
that, consistent with the terms in many existing IBC exemptions,
medium-level and higher hazard materials in certain IBC types must be
protected from environmental exposure. Since the broad applicability
for ``secondary containment'' has not been adopted for highway and rail
transportation, RSPA is adding Secs. 173.242(d)(2)(iv) and
173.243(2)(iii) requiring flexible, fiberboard, wooden and composite
IBCs with fiberboard outer bodies for Packing Group I materials and in
Secs. 173.240(d)(2)(ii), 173.241(d)(2)(iii) for Packing Group II
materials in flexible, fiberboard and wooden IBCs must be transported
in closed freight containers or closed transport vehicles. Because a
general standard is established in Sec. 178.704 requiring all IBCs be
sift-proof and water resistant, RSPA is not adopting proposed paragraph
(d)(2)(vi) in Secs. 173.240, 173.241, 173.242 and 173.243 requiring
flexible, fiberboard or wooden IBCs used to transport Class 8 materials
to be water resistant. In Secs. 173.240, 173.242, 173.242 and 173.243
proposed paragraph (d)(2)(ix) prohibiting the use of bottom outlets on
IBCs containing materials with a primary hazard class of 3 and a
subsidiary hazard class of Division 6.1 is not adopted in this final
rule. RSPA believes prohibiting the use of bottom outlets on IBCs goes
beyond existing requirements in the HMR and would not be consistent
with other packaging authorizations. If use of bottom outlets on IBCs
containing these materials presents a safety concern, this issue can be
considered in a future rulemaking.
Part 178
Sections 178.251, 178.252 and 178.253 are removed since the
manufacture of DOT 56 and 57 metal portable tanks is prohibited after
September 30, 1996 (see Sec. 173.32 (d)).
Section 178.700. The purpose and scope of IBC standards and general
definitions associated with IBCs are contained in this section,
generally as proposed. In response to commenter requests, RSPA is
revising the definition of IBC ``body'' in paragraph (c)(1) by adopting
terms originally proposed by the U.S. and now contained in the Eighth
revised edition of the UN Recommendations: an IBC body means ``the
receptacle proper, including openings and their closures, but does not
include service equipment. * * *'' As a result of this change, IBC
``service equipment'' (i.e., filling and discharge, pressure relief,
safety, heating and heat-insulating devices, and measuring instruments)
is no longer considered part of the IBC body. This section also defines
IBC ``structural equipment'' as the reinforcing, fastening, handling,
protective, or stabilizing members of the body (e.g., metal cages) as
well as stacking load-bearing structural members. Also in the
definition of IBC body, as proposed, RSPA is adopting IBC volumetric
capacity limits of not more than 3 cubic meters (3,000 liters, 793
gallons or 35.3 cubic feet) and not less than 0.45 cubic meters (450
liters, 119 gallons or 5.3 cubic feet).
The proposed 450-liter (119-gallon) lower IBC capacity limit drew
substantial comment. Commenters suggested that RSPA either eliminate
the lower capacity limit or, at a minimum, establish a 250-liter (66-
gallon) lower limit consistent with Section 26.1.2.1 of the IMDG Code.
RIBCA questioned the need for a lower limit and stated that small IBCs
under 450 liter (119-gallon) capacity already are authorized under
exemptions. For example, DOT E-9690 authorizes 415.8-liter (110-gallon)
IBCs. RIBCA noted that small IBCs have been used for years in
agricultural and water treatment operations. RIBCA added that allowing
small IBCs into the U.S. under Sec. 171.12, but not allowing U.S.
manufacturers to market small IBCs domestically, creates competitive
disadvantages.
Commenter requests to remove the IBC lower capacity limit are not
adopted in this final rule. RSPA is not authorizing IBCs with
capacities less than 450 liters (119 gallons) because RSPA believes
that differing non-bulk and IBC construction standards, performance and
reuse requirements could create safety inequities in the use of these
two packaging categories. For example, a drum manufacturer might call a
drum or jerrican an IBC to gain certain kinds of regulatory relief.
Metal and plastic drums and jerricans intended for reuse must meet
minimum thickness standards in Sec. 173.28(b)(4), while no such
standards are proposed for stand-alone or composite IBCs. Metal and
plastic drums designed for limited hazardous materials service must be
leakproofness-tested before each reuse (Sec. 173.28(b)(2)). IBCs would
be subject to a completely different retest and inspection scheme
requiring leakproofness testing every 2.5 years (Sec. 180.352) In
addition, drop, stacking, and hydrostatic pressure design performance
requirements for non-bulk packagings in subpart M of part 178
substantially differ from those proposed for IBCs in subpart O of part
178.
Although IBCs with capacities below 450 liters (119 gallons)
represent only a small percentage of the total number of IBCs in
domestic service, RSPA recognizes that IBC manufacturers and users may
occasionally need a full capacity range of IBC design types. In this
final rule, therefore, a provision in paragraph Sec. 178.801(i)
provides for the manufacture and use of IBCs which differ from the
standards in subpart N, including IBCs with capacities less than 450
liters (119 gallons), if approved by the Associate Administrator for
Hazardous Materials Safety. RSPA notes that IBCs with lower capacities
may continue to be used for import and export shipments, as provided in
Sec. 171.12.
RSPA is not adopting a proposal by the Oregon Trucking Association
and several Oregon-based carriers to include a rubber bladder bag among
the UN- recommended IBC design types RSPA is adopting in this final
rule. Although bladder bags are designed for mechanical handling (as
are IBCs), they do not meet any of the material-of-construction
standards for the flexible IBCs that were proposed in subpart N of part
178. Flexible IBC standards were developed with the intent that these
packagings would contain dry materials. Standards for flexible IBCs
intended for liquids do not appear in the UN Recommendations and were
not considered in this rulemaking. Bulk bladder bags may be used for
hazardous materials requiring specification packaging only if
specifically authorized under an exemption issued in accordance with
subpart B of 49 CFR, part 107.
Section 178.702. This section, adopted as proposed, contains IBC
code designations for metal, rigid plastic, composite, fiberboard,
wooden, and flexible IBCs.
Section 178.703. Certification and additional marking requirements
for IBCs are set forth in this section. The IBC certification mark is
comprised of the following elements: UN symbols, code numbers
designating IBC type, Packing Group designation, month and year of
manufacture, the country authorizing allocation of the mark, name and
address or symbol of the manufacturer or the approval agency certifying
compliance with subparts N and O of part 178, the stacking test load in
kilograms (kg), and the maximum permissible gross mass (for flexible
IBCs, the ``maximum net mass'' as defined in Sec. 171.8 in kilograms
(kg)). RSPA is adding a new paragraph (a)(1)(iii)(A), establishing the
mark ``X'' for IBCs meeting Packing Group I, II and III performance
test standards.
Four examples of IBC certification marking are provided in
Sec. 178.703(a)(2) (i) through (iv). Two examples of additional
markings are given in Sec. 178.703(b)(3) (i) and (ii).
One commenter asked RSPA to allow manufacturers or others
certifying flexible IBCs to omit the ``UN-in-a-circle'' symbol because
``such symbols are difficult to reproduce'' on flexible IBCs. The
commenter noted that this option already is provided for metal IBCs.
This request is not adopted because RSPA is not aware that use of the
``UN-in-a-circle'' has been a problem for manufacturers of flexible
IBCs in other countries.
In paragraphs (b)(1)(i) and (b)(2)(i) among additional marking
requirements, rigid, composite and metal IBCs must be marked for
``rated'' capacity. Rated capacity is capacity normally used compared
to ``maximum capacity,'' which is defined in Sec. 171.8 as ``the
maximum inner volume of receptacles or packagings.''
RIBCA commented that paragraph (b), requiring additional marks to
be located ``in a place readily accessible for inspection,'' could lead
to enforcement problems ``because there is no possible way to find a
location that will assure that under all circumstances in usage the
markings would always be visible for inspection.'' RIBCA said the
phrase ``for inspection'' conveys an ``operational intent'' that
``could be used by inspectors'' in the field. RIBCA suggested that RSPA
follow the general policy established for drums in Sec. 178.503(a) and
carried over in the proposed Sec. 178.703(a): ``in addition to markings
in paragraph (a) of this section, each metallic, rigid plastic and
composite IBC'' be marked ``in a durable and clearly visible manner.''
This request is not adopted because for larger packages (e.g., IBCs),
the phrase ``readily accessible for inspection'' is necessary to ensure
that the mark can be seen by an inspector without lifting the package.
RIBCA objected to the paragraph (b)(1) proposal to require use of
specification plates for rigid plastic and composite IBCs. It contended
that required use of plates ``can lead to less desirable and less
permanent means of marking.'' RIBCA noted that paragraph (a) does not
require markings on a plate. RIBCA suggested that the markings set
forth in paragraph (a) for each rigid plastic and composite IBC ``be
grouped together in one location * * *'' but without required use of a
plate.
RSPA agrees and, accordingly, is revising proposed paragraph (b) by
requiring additional markings to be placed near the certification mark
specified in paragraph (a). The wording ``on each plate,'' applying to
rigid plastic and composite IBCs, is removed from paragraph (b)(1).
Section 180.352(d) is revised to require the retest date to be marked
as provided in paragraph (b) of this section (i.e., near the
certification mark specified in paragraph (a)).
Section 178.704. This section contains general requirements
applicable to manufacturers of IBCs. Each IBC must be resistant to, or
protected from, deterioration due to exposure to the external
environment. Intermediate bulk containers intended for solid hazardous
materials must be sift-proof and water-resistant. One commenter asked
RSPA to clarify the requirement in proposed paragraph (b) that ``all
service equipment must be so positioned or protected as to minimize
potential loss of contents resulting from damage during IBC handling
and transportation.'' The commenter asked if proposed paragraph (b)
requires shippers to position IBCs ``over a containment pad during
loading and unloading.'' The commenter said that such a requirement
``would create numerous difficulties.'' RSPA does not consider this
requirement to apply to shipper IBC handling and operations since the
positioning of service equipment referred to in paragraph (b) is a
design requirement applicable to manufacturers.
Section 178.705. This section contains standards for metal IBCs and
is adopted as proposed. Metal IBC design types are designated by code
number, definitions, and construction requirements. Authorized steel
and aluminum construction materials are set forth in paragraph (c)(1).
Minimum body wall thicknesses are specified in paragraph (c)(1)(iv).
Ratios expressing required tensile strength for steel and aluminum IBC
construction materials in paragraphs (c)(1)(iii) (A) and (B) and the
paragraph (c)(1)(iv)(B) formula for determining the minimum wall
thickness of metals other than the reference steel described in
paragraph (iii)(A) of this section, are corrected for U.S. standard
units.
In response to requests by commenters and an amendment approved for
the Eighth revised edition of the UN Recommendations, RSPA has replaced
the word ``metallic'' with the word ``metal'' with respect to metal
IBCs. One commenter asked RSPA to clarify the difference between the
terms ``sandwich'' and ``double wall'' in the definition of
``protected'' in proposed paragraph (b)(2). A double-wall metal IBC
consists of two metal walls with space between. A ``sandwich''
configuration consists of two metal walls with material such as foam or
insulation between.
The same commenter asked if liners or bags placed inside metal IBCs
meet the definition of ``protected.'' The definition of ``protected''
is derived from section 16.2.2.3 of the UN Recommendations and means
any two-ply (double wall) or multiple (sandwich) barrier applied
externally. The construction materials of additional ``protection'' are
not specified, and could include materials other than the material of
construction of the IBC in question. For these reasons, RSPA believes
liners or bags placed inside metal IBCs do not meet the intent of the
definition of ``protected'' in paragraph (b)(2). In this final rule, in
paragraph (b)(2) the definition of ``protected'' is clarified to mean
``providing the IBC body with additional ``external protection against
impact and abrasion.''
Commenters asserted that the use of the term ``metallic IBCs''
without qualification may lead to the interpretation ``that all
components (of such IBCs) must have metal properties.'' RSPA concurs
with a suggestion to solve this problem by revising paragraph
(c)(1)(iii) to more specifically refer to ``metals used'' in
fabricating the metal IBC body.
RSPA also concurs with RIBCA's request to authorize ``frangible''
pressure relief devices for the release of vapor to ensure no rupture
of the IBC body will occur. RIBCA contended that frangible pressure
relief devices have been authorized for DOT 57 portable tanks for
years. RSPA notes that Sec. 178.253-4(a) requires each DOT 57 portable
tank to be ``equipped with at least one pressure relief device such as
a * * * frangible disc * * *'' Section 16.2.3.7.1 of the UN
Recommendations (``release of vapor * * * can be achieved by
conventional pressure relief devices'') can also be interpreted as
including frangible relief devices. Accordingly,
Secs. 178.705(c)(2)(i), 178.706(c)(4) and 178.707(c)(3)(iv) are revised
to include frangible relief devices.
Section 178.706 This section, adopted as proposed, contains
standards for rigid plastic IBCs including design types designated by
code number, general definitions and construction requirements.
Commenters asked RSPA to delete proposed Secs. 178.706(c)(3) and
178.707(c)(3)(iii), prohibiting the employment of used plastic
materials other than production residue or regrind materials from the
same manufacturing process in the production of rigid plastic IBCs or
plastic inner receptacles. The National Agrichemical Retailers
Association (NARA) claimed that this prohibition, without
justification, ``would prevent the environmentally sound practice of
recycling mini-bulk/IBCs into new IBC containers.'' The request to
delete this prohibition is not adopted. Consistent with requirements in
Sec. 178.509(b)(1) for plastic drums and jerricans Sec. 178.522(b)(1)
for composite packagings with inner plastic receptacles, RSPA believes
contaminated plastic material obtained through recycling should not be
used to construct that portion of the packaging in contact with the
hazardous materials lading.
Commenters expressed concern that proposed venting requirements in
Sec. 178.706(c)(4) for rigid plastic IBCs and Sec. 178.707(c)(3)(iv)
for composite IBCs are inconsistent with UN recommendations. They
referred to RSPA's proposed venting standard to prevent rupturing of
plastic and composite IBC bodies in a fire engulfment situation, a
standard not recommended by the UN in Sections 16.4.3.5 and 16.5.3.2.5.
One commenter said the UN ``does not link venting capacity to fire
engulfment,'' and that the UN requires only that plastic and composite
IBCs be provided with sufficient venting capacity to prevent rupture of
the IBC body if subjected to an internal pressure in excess of which it
was hydraulically tested. RIBCA commented that it is ``unlikely a
plastic tank completely enveloped in fire could maintain its liquid
retention properties throughout the fire regardless of the size of any
vent. Eventually, failure will take place but not due to pressure. The
tank will eventually leak due to melting.''
Commenters said RSPA's proposals to require relief devices or other
means of plastic and composite IBC construction to ensure that leakage
or permanent distortion does not occur also are inconsistent with UN
recommendations. They asserted that the venting requirements in these
sections ought to apply only to preventing rupture of the IBC body in
emergency situations and that IBC body distortion should not be related
to emergency relief capabilities. RIBCA said that RSPA should rely on
the shipper visual inspection requirements in Sec. 173.35 to control
whether an IBC may be reused. Commenters also noted that
Secs. 178.706(c)(4) and 178.707(c)(3)(iv) address all plastic IBCs and
not specifically rigid plastic and composite IBCs intended to transport
liquids, as recommended by the UN.
RSPA concurs with these commenters on the issue of venting plastic
and composite IBCs to prevent rupture in a fire engulfment situation.
Accordingly, references to ``fire engulfment'' are removed from
Secs. 178.706(c)(4) and 178.707(c)(3)(iv). RSPA agrees that venting
requirements in Secs. 178.706 and 178.707 should apply only to
prevention of IBC rupture in emergency situations and that the ``no-
leakage or no-permanent deformation'' criteria more appropriately apply
to IBC design qualification as criteria for passing the hydrostatic
pressure test adopted in Sec. 178.814. Therefore, references to leakage
or permanent deformation linked to venting requirements in
Secs. 178.706(c)(4) and 178.707(c)(3)(iv) are removed. In this final
rule, RSPA is not specifying IBC venting capacities such as those found
in Sec. 178.253-4(c) for DOT 57 portable tanks. However, pressure
relief capacity must be sufficient to prevent rupture of the IBC body.
Sections 178.706(c)(4) and 178.707(c)(3)(iv) are revised to apply
specifically to rigid plastic and composite IBCs respectively, which
are intended for the transportation of liquids.
Section 178.707. Standards for composite IBCs are set forth in this
section and are adopted as proposed. Standards include design types
designated by code number, general definitions and construction
requirements. RSPA is adding a new definition of ``rigid'' inner
receptacle to definitions for the composite IBC types in paragraph
(b)(3) to clarify the distinction between rigid and flexible inner
receptacles. The new definition states that a ``rigid'' inner
receptacle is one which retains its general shape when empty without
closures in place and without benefit of the outer casing. Standards
are added for inner receptacles of composite IBCs in paragraph (c)(3),
and for composite outer packagings in paragraph (c)(4).
Section 178.708. Standards for fiberboard IBCs are set forth in
this section and adopted as proposed. Fiberboard IBC standards are
similar to those for fiberboard boxes in Sec. 178.516. However, in this
final rule, standards for fiberboard IBCs also include ISO minimum
puncture resistance (ISO 3036-1975).
Section 178.709. Standards for wooden IBCs are contained in this
section and adopted as proposed.
Section 178.710. Standards for flexible IBCs are adopted as
proposed. They include flexible IBC design types designated by code
number, definitions and construction standards. Consistent with the
Eighth Revised Edition of the UN Recommendations, the definition in
paragraph (b)(1) of this section is revised to read ``Flexible IBCs
consist of a body constructed of film, woven plastic, woven fabric,
paper, or combination thereof, together with any appropriate service
equipment and handling devices, and if necessary an inner coating or
liner.''
Section 178.801. General IBC testing, inspection and recordkeeping
provisions are set forth in this section and adopted as proposed. They
include requirements for manufacturer responsibility, IBC design
qualification testing at the start of production of each different IBC
design type, periodic design requalification testing, production
testing and inspection performed on each newly manufactured IBC and
periodic retest and inspection of each IBC conducted at least every 2.5
years (in this final rule, Sec. 173.32 is amended to extend the 2.5-
year periodic retest and inspection requirement to DOT-52,-53,-56 and -
57 portable tanks constructed before October 1, 1996). The definition
of ``IBC design type'' is modified in this final rule by the removal of
``means of filling and discharge'' from the definition and addition of
``representative service equipment.'' Reference to packaging which can
differ only in its lesser external dimensions (i.e., height, width,
length) without further testing is added to the definition of
``different IBC design type.'' In this final rule, RSPA is extending
the quality control principle established for non-bulk packagings under
Docket HM-181 to IBCs. Consistent with Section 16.1.4.1.1 of the UN
Recommendations, RSPA is requiring periodic requalification of IBC
design types throughout a production run sufficient to ensure that
newly manufactured IBCs maintain the integrity of original,
successfully tested design types. All IBC design types must be
requalified at least once every 12 months.
This section also requires persons who certify IBC design types to
keep records of the qualification of each IBC design type and of each
periodic design requalification. Records must be maintained at each
location where an IBC is manufactured and at each location where IBC
design qualification or periodic design requalification testing is
performed. They must be maintained for as long as IBCs are manufactured
in accordance with each qualified design type and for at least 2.5
years thereafter. Certification records must include the following
information: name and address of test facility, name and address of the
IBC certifier, a unique test report identification, date of test
report, manufacturer of the IBC, description of the IBC design type
(e.g., dimensions, materials, closures, thickness, representative
service equipment, etc.), maximum IBC capacity, characteristics of test
contents, and test descriptions and results (including drop heights,
hydrostatic pressures, tear propagation length, etc.). The test report
must be signed with the name of the person conducting the test, and the
name of the person responsible for testing.
This section elicited comments concerning design-type definition,
design qualification testing, periodic design requalification,
production testing, selective testing and other issues under general
requirements. RIBCA urged RSPA to reevaluate what constitutes an IBC
design type change in terms of minor changes (such as changes to
service equipment), requiring design type requalification. RIBCA
contended that requirements in proposed paragraphs (c)(1) and (c)(7)
involving ``IBC design type'' and ``different IBC design type'' would
``have the effect of making a new design type in each instance that an
IBC appurtenance is changed, a gasket material is replaced, a valve
unit is changed in style, e.g., from ball to gate, etc.'' RIBCA
requested revision of paragraph (c)(7) to exclude service equipment
from design changes requiring design requalification.
RSPA agrees with RIBCA's concerns regarding the definition of ``IBC
design type'' and ``different IBC design type.'' Service equipment is
the IBC component most likely to undergo design change during short
production runs. Accordingly, RSPA is revising the proposed definition
of IBC ``body'' in Sec. 178.700(c)(1) by clarifying that the receptacle
``does not include service equipment.'' Furthermore, RSPA is amending
paragraph Sec. 178.801(c)(1) in this section by removing the phrase
``means of filling and discharging'' and adding a new paragraph
Sec. 178.801(c)(7)(iv) stating that a different IBC design type does
not apply to ``service equipment.'' RSPA is adopting RIBCA's request to
revise paragraph Sec. 178.801(d) by adding that service equipment
associated with any IBC design type should be considered
``representative'' and not design-type specific (for example, safety
devices, such as pressure relief valves must have identical venting
capacity and integrity; or valve protection must have equal or greater
integrity). RSPA also is referring to ``representative'' service
equipment as part of the definition of ``IBC design type'' in paragraph
(c)(1) and is requiring in paragraph (l) that ``representative service
equipment'' be described in each design type test report. Consistent
with Sec. 178.601(d) for non-bulk packagings, RSPA is revising proposed
paragraph (d) to require the design qualification testing of each ``new
or different'' IBC design type.
Commenters asserted that proposed paragraph (h), allowing a 25-
percent reduction of exterior IBC dimensions without retesting, is too
restrictive. One commenter suggested that RSPA adopt UN Recommendations
which do not limit variation of external dimensions (e.g., 25 percent),
``so long as materials of construction and thickness are not changed.''
RIBCA added that manufacturers are permitted under exemptions to
produce smaller IBCs with greater than 25 percent reduction of external
dimensions (the IBCs being identical in other respects). RSPA concurs
with these commenters and, accordingly, proposed paragraph (h) is
revised in paragraph (c)(7)(iii) in this final rule by removing the
proposed 25 percent restriction and to permit variation of a tested IBC
design type without further testing, provided the IBC differs only in
its lesser external dimensions while materials of construction and
material thicknesses or fabric weight remain the same. In paragraph (h)
of this final rule provides that other minor design variations may be
permitted without further testing provided selective testing
demonstrates an equivalent or greater level of safety than the design
type tested and which has been approved by the Associate Administrator
for Hazardous Materials Safety.
The Flexible Intermediate Bulk Container Association (FIBCA) asked
RSPA to extend to flexible IBC design types the 25 percent allowable
decreased variance in external dimensions without further testing
proposed for rigid IBC design types. As discussed above, RSPA concurs,
provided that no loss of original design type integrity occurs (e.g.,
no change in sewing pattern, fabric weight, etc.). Accordingly,
paragraph (c)(7)(iii) includes all IBCs.
Four commenters asserted that, in the NPRM, RSPA departed from the
quality assurance program suggested in Section 16.1.4.1.1 of the UN
Recommendations by establishing a requirement that each IBC design type
be retested every 12 months, similar to the periodic design retest
requirement for drums. RIBCA said periodic design qualification is not
recommended in Chapter 16 of the UN Recommendations because IBC design
type qualification is much more expensive than it is for drums (for
which, in Section 9.7.1.3, the UN recommends periodic testing). On
average, RIBCA said its member manufacturers spend $5,147 to qualify
each design type. In one year, RIBCA said the total cost for members
was $4,990,000 for qualifying 970 different design types. ``This is
nearly $5 million of test costs spread over 15 manufacturers.''
RIBCA said imposing on IBC manufacturers a requalification scheme
that is more suited to non-bulk packaging production runs is
counterproductive and cost-inefficient. RIBCA noted that IBC production
rates differ markedly from rates for steel and plastic drums. ``The
numbers manufactured for [an IBC] design usually become smaller each
year * * * Each such order, often for 5, 10 or 20 tanks, would be
accompanied by very high and inordinate design qualification costs when
compared to non-bulk packaging on a per unit sold basis.'' One
commenter added that, under requirements in paragraph (e), ``every
conceivable gasket type, fitting type and fitting configuration used on
an IBC will have to be tested in their various combinations and
retested every 12 months. This would entail hundreds of design
qualification tests every year.'' RIBCA maintained that once an IBC
design type is proven, ``the passage of time (e.g., 12 months) is
irrelevant.'' RIBCA said ``re-proving'' an IBC design ``demonstrates
nothing about the design * * * It would only indicate that either the
method of production failed to yield an acceptable product or that the
original design (procedure) was not followed.''
Commenters urged RSPA to consider a quality assurance program where
IBC manufacturers would be required to demonstrate and document, as
RIBCA suggested, a ``continuing adherence to minimum requirements of a
qualified design.'' They said that a periodic internal audit, properly
documented, would accomplish this. RIBCA claimed that its members
already are committed to such a program. RIBCA suggested revisions to
paragraph (e) to require ``an ongoing design and manufacturing process
evaluation * * * recorded annually, based on the date of the original
design certification for each design type * * * '' Another commenter
agreed with RIBCA that a 12-month requalification period makes sense
for high-volume, non-bulk packagings but not for ``specialty-type
containers'' produced in low volumes. The commenter said that the one-
time-per-year requalification which RSPA proposes ``must be based on an
average number of units produced by an average IBC manufacturer in one
year.'' The commenter asked, ``to be fair, why not give the
manufacturer the option of one year or a certain amount of containers
produced (based on this average number of containers produced by an
average company over one year)?''
RSPA agrees in principle that, under a performance-based system,
good quality assurance practices are essential to maintain the
integrity of each production unit manufactured to a certified IBC
design type. RSPA encourages the development of sound quality assurance
programs. For this final rule, however, RSPA has determined that 12-
month periodic design qualification testing involving samples taken
from the production line is necessary as the minimum requirement.
Paragraph (e)(2) provides an approval process for the development of
programs requiring less actual testing if a quality assurance program
is maintained and higher design and construction standards are
demonstrated. Under current exemptions, IBC design types generally must
be requalified every four months. RSPA believes that the 12-month
periodic design requalification requirement in this final rule offers
manufacturers significant relief while not compromising transportation
safety.
In response to a commenter's request, RSPA is revising requirements
for the production test proposed in paragraph (f)(1) by adding
paragraph (f)(1)(i) stating that IBCs need not have fitted closures.
RSPA is adding paragraph (f)(1)(ii) providing that inner receptacles of
composite IBCs can be leakproofness tested without outer IBC bodies,
provided that test results are not affected. These provisions are
consistent with production leakproofness testing requirements for non-
bulk packagings in Sec. 178.604. Furthermore, the UN Recommendations do
not specify (in Section 16.1.4.2.4) how IBCs are to be prepared for
production leakproofness testing.
Noting that many third-party testing agencies lack expertise in
testing IBCs, RIBCA requested a revision to proposed paragraphs (j) and
(j)(2) to permit manufacturers to monitor tests being performed by
third-party agencies and report on inadequate procedures. Although RSPA
agrees that IBC manufacturers should be permitted to participate in, or
monitor the development of, sound third-party testing, RSPA sees no
need to establish by regulation the right of manufacturers to visit IBC
test laboratories. This issue can be resolved by contractual or other
agreements between the manufacturer and a third-party agency.
Therefore, this request is not adopted.
RIBCA questioned the effectiveness of RSPA's requirement in
proposed paragraph (k) that the inner coating of an IBC must withstand
subpart O tests. RIBCA said ``the ensuing crush patterns'' resulting
from the drop test makes it ``difficult to assure * * * if the coating
is still protective.'' RIBCA requested a clarifying sentence
emphasizing that after withstanding the tests, ``no immediate hazard is
created by contact of the contents with any material of construction in
the tank.'' This comment is not accepted. Consistent with requirements
for non-bulk packagings requiring coatings in Sec. 178.601(j), RSPA
believes a criterion stating that coatings retain their protective
properties after withstanding subpart O performance tests is necessary
to ensure the integrity of IBC construction.
Section 178.802. This section establishes requirements for the
preparation of fiberboard IBCs or composite IBCs with fiberboard outer
packagings for design qualification testing. Fiberboard IBCs must be
conditioned under the same temperature and relative humidity conditions
as required for non-bulk fiberboard packagings in Sec. 178.602(d). In
this final rule, paragraph (c) is added permitting fiberboard IBCs, or
composite IBCs with fiberboard outer packagings, to be conditioned at
ambient temperature ``for purposes of periodic design requalification
only.'' This is consistent with a similar provision in 173.602(d)(3)
for the periodic retesting of non-bulk fiberboard packaging design
types.
Section 178.803. Design qualification testing specified in
Secs. 178.810-819 for the certification of metal, rigid plastic,
composite, fiberboard, wooden, and flexible IBC types is set forth in a
single table in this section. Separate tables specifying the order of
tests for each IBC design type category proposed in Secs. 178.804-
178.808 are not adopted.
RIBCA and other commenters recommended that the vibration test be
placed first in the order of tests in a single table. RIBCA pointed out
that the vibration test ``would seem to be most suitably placed before
tests that would result in damage to a unit.'' Referring to the order
of tests proposed in Sec. 178.808 for flexible IBCs, FIBCA asked RSPA
to delete the phrase ``* * * must withstand the applicable tests in the
order presented * * * *'' It contended that the tear test (second in
order of tests), involving a four-inch knife cut, would render the test
sample unsuitable for the remaining tests. RSPA concurs with these
recommendations and, accordingly, the vibration test is placed first.
Based on the merits of comments stating that the vibration test is
unnecessary for the certification of flexible IBCs, Note 1 to the table
now specifies that flexible IBCs must only ``be capable'' of
withstanding the vibration test (see discussion in Sec. 178.819). In
response to a comment from RIBCA urging RSPA to permit the use of
another IBC of the same design type for the drop test, RSPA is adding
note 4 applicable to metal and composite IBC design types which states
that, ``another intermediate bulk container of the same design type may
be used for the drop test set forth in Sec. 178.810.'' Consistent with
a revision approved for the Eighth revised edition of the UN
Recommendations, RSPA is adding note 5, permitting use of a different
flexible IBC for each test.
Section 178.810. A drop test similar in many respects to
requirements for non-bulk packagings in Sec. 178.603 is adopted as
proposed for all IBC design types. In preparation for the drop test,
IBCs intended to transport liquids must be filled to at least 98
percent of their capacity, and to at least 95 percent of their capacity
if intended to transport solids. Before being drop tested, rigid
plastic IBCs and composite IBCs with inner plastic receptacles must be
conditioned for testing by reducing the temperature of the packaging
and its contents to -18 deg.C (0 deg.F) or lower. Test liquids must
be kept in the liquid state by the addition of anti-freeze, if
necessary. Test samples of all IBC design types must be dropped onto a
rigid, non-resilient, smooth, flat horizontal surface; the point of
impact must be the most vulnerable part of the base of the IBC
undergoing the test. Drop heights are dependent upon the Packing Group
to which the IBC is being tested and certified. A Packing Group I drop
test is adopted in paragraph (d)(1)(i) of this final rule for IBCs
intended for certain high-hazard solid materials.
One commenter proposed a one-meter puncture drop test to ``verify
the ability of an IBC to withstand worst-case situations in handling
and transportation.'' RSPA acknowledges that this suggested test
represents good industry practice to verify that an IBC exceeds the
minimum IBC drop test requirements we are adopting in this final rule.
However, RSPA believes that any proposal for additional required
testing should be done through notice and comment, and that there is
not sufficient justification or evaluation of the proposed test to
warrant further action at this time.
Section 178.811. The requirement for a bottom lift test for IBCs
designed to be lifted from the base is adopted as proposed.
Section 178.812. A top lift test is adopted as proposed for all
metal, rigid plastic and composite IBC design types designed to be
lifted from the top. In this final rule, the top lift test is
applicable to flexible IBCs designed to be lifted from the top or side.
FIBCA referred to other, equally effective methods to top-lift flexible
IBCs and suggested that platen plate hydraulic loading testing methods,
now utilized in Europe, should be acceptable to RSPA. As provided in
Sec. 178.801(i), manufacturers may use other top lift methods for
flexible IBCs, if they demonstrate equal effectiveness.
Section 178.813. The leakproofness test is adopted as proposed for
the design qualification of metal, rigid plastic, and composite IBC
design types, and rigid IBC production units, if they are intended to
contain liquids or if they are intended to contain solids loaded or
discharged under pressure. The test must be performed by applying air
at a gauge pressure of not less than 20 kPa (2.9 psig). Other methods
of leakproofness testing, if at least equally effective, may be used in
accordance with Appendix B of part 178, or if approved by the Associate
Administrator for Hazardous Materials Safety, as provided in
Sec. 178.801(i)).
RIBCA objected to the proposed ten-minute hold in applying air
pressure during production line leakproofness testing. RIBCA said a
ten-minute hold ``would introduce an unacceptable delay in modern
production lines.'' RIBCA added that a ten-minute hold in production
lines using blow-molded techniques would literally shut down production
``because of the number of units coming off-line in these higher-speed
production systems.''
RSPA acknowledges RIBCA's concern and, consistent with a revision
approved for the Eighth revised edition of the UN Recommendations, is
revising proposed paragraph (c) by not adopting a ten-minute hold
requirement. The final rule provides that the test ``must be carried
out for a suitable length of time * * *'' to determine if there are
leaks.
Section 178.814. The hydrostatic pressure design qualification test
is adopted as proposed for all metal, rigid plastic and composite IBC
design types intended to contain liquids or intended to contain solids
loaded or discharged under pressure. The test must be performed for ten
minutes at gauge pressures specified for three metal IBC design types
intended to contain liquids and four rigid plastic and four composite
IBC design types.
Consistent with a proposal accepted for the 8th revised edition of
the UN Recommendations, a new paragraph (d)(3) is added, requiring
metal IBCs of type 21A, 21B and 21N intended for transportation of
Packing Group I solids to be tested at 250 kPa (36 psig) gauge
pressure. Proposed paragraphs (d)(3) and (d)(4) are renumbered (d)(4)
and (d)(5), respectively, and adopted as proposed.
RIBCA suggested a revision of paragraph (b) by adding a requirement
to replace vented closures with similar non-vented closures or to seal
vents before conducting the hydrostatic test, consistent with
preparations for conducting the leakproofness test in Sec. 178.813(b),
which requires sealed vents. RSPA agrees and is revising paragraph (b)
to also require vented closures to be removed and their openings
plugged. RSPA acknowledges RIBCA's concerns that the choice of
hydrostatic test methods proposed in paragraph (d)(4) would invariably
result in shippers being forced to choose higher test pressure values
for shipment of low-pressure materials in rigid plastic IBCs.
Accordingly, in this final rule, RSPA is adjusting the choice of test
pressure values by adding the following language in paragraph (d)(5):
``* * * whichever is the greater of.''
Paragraph (d)(5) also is revised in this final rule to more clearly
distinguish between the use of gauge and absolute pressures when
determining hydrostatic test pressure to be applied to the IBC. The
test pressure marked on the IBC is a gauge pressure as specified in
Sec. 178.703(b)(1)(iii). Gauge pressure consists only of the pressure
in the IBC that exceeds atmospheric pressure. Absolute pressure
consists of ambient atmospheric pressure plus the vapor pressure of the
hazardous material in the IBC. Vapor pressure of the hazardous material
is the pressure exerted on the IBC by vapors or gases emitted by the
material. Paragraphs (d)(5)(i) (B) and (C) are clarified to show that,
because vapor pressure of the hazardous material is described in
absolute terms, the pressure applied for the hydrostatic test is
determined by subtracting atmospheric pressure from absolute pressure.
Methods using absolute pressure set forth in paragraphs (d)(5)(i) (B)
and (C) can be used when the vapor pressure of a substance is available
in technical literature. Hydrostatic test pressure for these methods
must be at least 100 kPa (14.5 psig). The method in paragraph
(d)(5)(i)(A) for determining hydrostatic test pressure applied is
useful when the vapor pressure of a mixture or substance is unknown and
may be experimentally determined.
One commenter pointed out that the leakproofness test should be
conducted after the hydrostatic pressure test ``to indicate whether a
potential path for vapor loss has been opened in the structure by the
hydrostatic testing. A leakproofness test of at least 30 percent of the
hydrostatic pressure after the hydrostatic pressure test would ensure
that the package can maintain complete integrity against both liquid
and vapor loss in a worst-case situation.'' RSPA believes tests
performed in the order recommended by that commenter will adequately
ensure IBC integrity. Therefore, in the table for testing and
certification of IBCs established in Sec. 178.803, the leakproofness
test precedes the hydrostatic pressure test.
RIBCA urged RSPA to not regard IBC ``deformation'' as a failure of
the hydrostatic pressure test and disqualification of the design type.
RIBCA said that leakage alone must be the pass/fail criterion for the
hydrostatic test. Referring to criteria in paragraphs (e) (1) and (3)
which, for most rigid IBCs, allow ``no permanent deformation which
renders the IBC unsafe for transport,'' RIBCA said significant
deformation of metal and composite IBCs begins to take place ``at quite
low pressures,'' and added that ``no existing DOT 57 or composite IBC
can pass this test.''
As proposed in paragraph (e)(1), RSPA believes that any hydrostatic
pressure test resulting either in permanent distortion or leakage,
either of which renders an IBC design type unsafe for transport
constitutes failure of this test and disqualifies the tested design
type. Therefore, RIBCA's suggestion is not adopted. In this final rule,
pass/fail criteria for the hydrostatic test are retained as proposed.
Section 178.815. As proposed, the stacking test must be conducted
for the qualification of all intermediate bulk container design types
designed to be stacked. All stacked IBCs must be placed on their base
on level, hard ground and subjected to a uniformly distributed
superimposed test load for a period of at least five minutes.
Fiberboard, wooden, and composite IBC design types with outer
packagings constructed of materials other than plastic must withstand
this test for 24 hours. Stand-alone rigid plastic and composite design
types with outer plastic packagings must be tested for 28 days at 40
deg.C (104 deg.F). For all IBC design types, the load placed on the
IBC must be 1.8 times the combined maximum permissible gross mass of
the number of similar IBCs that may be stacked on top during transport.
Section 178.816. The topple test is adopted as proposed for the
qualification of all flexible IBC design types. However, a topple
height for Packing Group I has been added, consistent with the Packing
Group levels prescribed for the drop test in Sec. 178.810.
Section 178.817. The righting test is adopted as proposed for the
qualification of all flexible IBC design types designed to be lifted
from the top or side.
Section 178.818. The tear test is adopted as proposed for the
qualification of all flexible IBC design types.
Section 178.819. The vibration test is adopted as proposed as a
requirement for the qualification of rigid IBC design types. A
vibration capability standard is adopted in this final rule for the
qualification of flexible IBC design types. The proposal to require
vibration testing for all IBC design types drew comment from flexible
IBC manufacturers, who asserted that hundreds of millions of flexible
IBCs have been successfully used without having been vibration-tested.
Because flexible IBC design types were never subjected to vibration
testing, one commenter asserted there is no basis for establishing what
reasonable vibration test criteria would be. FIBCA pointed out that no
other nation requires this test for flexible IBCs, nor do the UN
Recommendations address this issue. FIBCA said that including the
vibration test requirement in subpart O violates principles stated in
the preamble to the NPRM, ``for removing a dual domestic and
international regulatory system.'' One commenter asked if foreign UN-
marked flexible IBCs that are not vibration-tested relinquish UN
certification in the U.S. Other commenters asked RSPA to introduce this
additional testing only when a vibration standard is adopted in the UN
Recommendations on a universal basis.
RSPA notes that DOT exemptions for flexible IBCs have not required
vibration testing and agrees with commenters that a mandatory vibration
test should not be required for flexible IBCs. Therefore, paragraph (a)
is revised to exclude flexible IBCs from mandatory vibration testing.
However, flexible IBCs must be capable of withstanding the vibration
test. RSPA also is adding note 1 to the table of ``Testing and
Certification of IBCs'' in Sec. 178.803, which will now require
flexible IBCs to be ``capable of withstanding the vibration test.''
RIBCA supported the proposed mandatory test for rigid IBCs but not
requirements in paragraph (b)(4) to turn IBCs on their sides following
the test. RIBCA asserted that the greatest vulnerability in a vertical
peak-to-peak vibration test (which RIBCA termed a ``repeated jolt
test'') are bottom openings and not the top of IBCs, ``unless they are
of the open-head style in which the ring closure may leak if it has not
been properly secured.'' RIBCA suggested a revision of pass/fail
criteria to reflect this position.
RSPA agrees that the wide structural variability of IBCs, including
location of closures, valves, etc., represents a different range of
stress vulnerabilities and vibration test outcomes than are experienced
by non-bulk packagings for which the side turn is required in
Sec. 178.608(b)(4). RSPA also recognizes that IBC size and stacking
characteristics ensure that an upright position in the transportation
environment normally will be maintained. Therefore, proposed paragraph
(b)(4) is not adopted. Paragraph (c) is clarified to state that an IBC
passes the vibration test if there is no rupture or leakage.
Part 180
Section 180.350. This section is adopted as proposed.
Section 180.351. General requirements for the qualification of IBCs
are adopted as proposed. Many comments were received addressing the
five-year plastic IBC use limit proposed in paragraph (c). One
commenter pointed out that proposed paragraph (c) is inconsistent with
proposed Sec. 173.35(h) in that it omits consideration by the Associate
Administrator for Hazardous Materials Safety for approving a longer
service life for plastic and composite IBCs. One commenter advised RSPA
to restrict the limit to plastic IBCs constructed of certain materials
showing patterns of structural failure due to ultraviolet (UV)
degradation. The commenter said the five-year limit should specifically
apply to ``Carbon Black stabilized IBCs and possibly other plastic
packagings.''
RIBCA asserted that requiring, after five years, that a plastic
unit be replaced ``by a receptacle identical to the one that was
employed five years previously is almost impossible to meet.'' RIBCA
added that it is ``unlikely that material of construction (i.e.,
resins) will not have undergone some modifications or adjustments in
that time.'' RIBCA suggested that paragraph (c) be revised to read ``a
receptacle meeting the original design type'' of the IBC. RIBCA said
the phrase ``original'' design type ``implies no changes when we
believe that the intent is not to have changes that alter the design
type of the IBC in which a new inner receptacle is placed.''
As stated above in the preamble to Sec. 173.35, RSPA is not
adopting a five- year rigid plastic and composite IBC use restriction.
Accordingly, proposed paragraph (c) in this section is not adopted.
Section 180.352. Requirements for initial and periodic retest and
inspection of IBCs are adopted as proposed. Initially after production
and every 2.5 years thereafter, metal, rigid plastic, and composite
IBCs intended for liquids or intended for solids loaded or discharged
by pressure must withstand the 20 kPa (2.9 psig) leakproofness test
prescribed in Sec. 178.813. For these IBC types, external inspections
must be performed after production and each 2.5 years thereafter to
ensure that each IBC is properly marked and free from damage that may
reduce its structural integrity during transportation, and that IBC
service equipment functions properly. Internal inspections are required
to be performed initially on metal IBCs after production and every five
years thereafter. Metal, plastic, and composite IBCs are to be
inspected at least every five years for cracks, warpage, and corrosion.
Metal IBCs must be inspected at least every five years for corrosion of
wall material below required minimum thicknesses. An IBC found with
such defects must be removed from hazardous materials service.
Inspection of flexible, fiberboard or wooden IBCs is necessary to
ensure that these IBCs are properly marked and that they continue to
meet required construction and design specifications. For example, each
flexible IBC must be inspected to ensure that seams are free from
defects in stitching, heat sealing, or gluing. The requirements in this
section do not apply to DOT 56 or 57 portable tanks. IBC owners or
lessees must maintain records of periodic retests and initial and
periodic inspections for each IBC in continuous hazardous materials
service.
Four commenters questioned whether the test and inspection
requirements in this section apply ``before each use'' of an IBC, or
every 2.5 years from the date of manufacture of the IBC. The periodic
retest requirements in this section do not apply to IBCs before every
reuse. This section sets forth periodic test and inspection
requirements. A shipper cannot reuse an IBC intended for liquids or
intended for solids that are loaded or discharged by pressure if that
IBC has not been leakproofness tested every 2.5 years as specified in
paragraph (b)(1) of this section. For clarity, RSPA is revising the
first sentence in paragraph (a) to read, ``Each intermediate bulk
container constructed in accordance with a UN standard for which a test
or inspection specified in paragraphs (b)(1), (b)(2) and (b)(3) of this
section is required may not be filled * * *'' IBCs must meet standards
prescribed in this final rule at all times in hazardous materials
service without regard to the 2.5-year retest and inspection period.
NARA asserted that the required leakproofness retest ``will pose
difficulties for retail dealers, custom applicators, farmers who handle
a number of IBC/mini-bulks with various dates of manufacture.'' NARA
said that wide IBC distribution and ``the marketing system'' for IBCs
in agricultural use make it ``extremely difficult for IBC owners to
conduct the leakproofness test.'' NARA suggested a ``more stringent
visual inspection'' in place of the leakproofness retest. This
suggestion is not adopted. RSPA believes that a visual inspection alone
is insufficient to establish the leakproofness integrity of these IBCs.
Four commenters were unclear about the applicability of proposed
paragraph (b)(1). One commenter said the paragraph could be interpreted
to mean IBCs intended for liquids and solids that are only loaded and
unloaded under pressure must be leakproofness retested. NACA asked RSPA
to make paragraph (b)(1) consistent with Sec. 178.813(a). RSPA concurs
and, accordingly, is clarifying paragraph (b)(1) to show that the
leakproofness test every 2.5 years does not have to be performed on
IBCs intended to contain solids that are not loaded or discharged under
pressure.
One commenter asked RSPA to revise paragraph (b)(2)(iii) by
deleting the requirement of removing the inner receptacle of a
composite IBC for inspections. This suggestion is not adopted. RSPA
believes that the inner unit must be removed, if possible, to allow
inspectors to examine the external condition of the inner receptacle.
RSPA is clarifying paragraph (b)(2)(iii) to state that the inner
receptacle of a composite IBC must be removed from the outer IBC body
unless the inner unit is bonded to the outer body or unless the outer
body is constructed in such a way (e.g., a welded or riveted cage) that
removal of the inner receptacle is not possible without damaging or
destroying the outer body.
RIBCA's concerns regarding the marking of retest data on a rigid
plastic or composite IBC if no certification plate is fitted are
addressed in revisions to Sec. 178.703(b) requiring retest data ``to be
placed near'' the UN certification marking required in Sec. 178.703(a).
Paragraph (d) is revised to require the retest date to be marked as
``provided in Sec. 178.703(b).''
NACA asserted that the ``burden of recordkeeping for potentially
hundreds of thousands of tanks * * * seems to serve no safety
benefit,'' and recommended deletion of paragraph (e). RSPA believes
that the record retention requirements in paragraph (e) are consistent
with the recordkeeping requirements for other types of packagings,
e.g., cargo tanks and non-bulk packagings, and are essential in
demonstrating compliance with the requirement in this final rule.
Therefore, NACA's comment is not adopted.
IV. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034).
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Hazardous Materials Transportation Act contains an express preemption
provision (49 App. U.S.C. 1804(a)(4)) that preempts State, local, and
Indian tribe requirements on certain covered subjects unless they are
``substantively'' the same as the HMR. Covered subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous materials and requirements respecting the
number, content, and placement of such documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous materials.
This final rule addresses covered subjects, under item (ii) and (v)
above and, therefore, preempts State, local, or Indian tribe
requirements not meeting the ``substantively the same'' standard. The
HMTA (49 App. U.S.C. 1804(a)(5)), as amended, provides that if DOT
issues a regulation concerning any of the covered subjects, after
November 16, 1990, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. That effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
RSPA has determined that the effective date of Federal preemption for
these requirements will be January 13, 1995. Thus, RSPA lacks
discretion in this area, and preparation of a federalism assessment is
not warranted.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. Although this rule
applies to certain shippers and carriers of hazardous materials in
intermediate bulk containers, some of whom may be small entities, its
economic impacts are minimal.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by the Office of Management and Management and Budget
under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C.
3504(h)) and assigned control number 2137-0510.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labels,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous material transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR parts 171, 172, 173, 178,
and 180 are amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
follows:
Authority: 49 App. U.S.C. 1802, 1803, 1804, 1805, 1808, and
1818; 49 CFR Part 1.
2. In Sec. 171.7, a new entry ISO 3036-1975 is added following the
last entry under International Organization for Standardization in the
Table of material incorporated by reference in paragraph (a)(3), to
read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
*****
International Organization for Standardization:
*****
ISO 3036-1975(E) Board--Determination of puncture
resistance................................................ 178.708
*****
------------------------------------------------------------------------
* * * * *
3. In Sec. 171.8, the definition of ``Intermediate bulk container''
is added in appropriate alphabetic order, and the definition of ``UN
standard packaging'' is revised to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Intermediate bulk container (IBC) means a rigid or flexible
portable packaging, other than a cylinder or portable tank, which is
designed for mechanical handling. Standards for intermediate bulk
containers manufactured in the United States are set forth in subparts
N and O of part 178 of this subchapter.
* * * * *
UN standard packaging means a specification packaging conforming to
applicable requirements in subparts L and M, or N and O of part 178 of
this subchapter.
* * * * *
4. In Sec. 171.12, paragraph (b)(5) is revised to read as follows:
Sec. 171.12 Import and export shipments.
* * * * *
(b) * * *
(5) Except for packagings conforming to the requirements of Chapter
26 of the IMDG Code, bulk packagings must conform to the requirements
of this subchapter.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
5. The authority citation for part 172 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1805, 1808; 49 CFR Part 1,
unless otherwise noted.
6. In Sec. 172.101, the following entries in the Hazardous
Materials Table are revised to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
Section 172.101 Hazardous Materials Table
(8) Packaging authorizations (Sec. (9) Quantity (10) Vessel stowage
Hazardous 173.***) limitations requirements
materials Hazard Identification Packing Label(s) required Special -----------------------------------------------------------------------------------
Symbols descriptions and class or numbers group (if not excepted) provisions Passenger Cargo Other
proper shipping division Exceptions Non-bulk Bulk aircraft aircraft Vessel stowage
names packaging packaging or railcar only stowage provisions
(1) (2)............... (3) (4)........... (5)....... (6).............. (7).............. (8A)...... (8B) (8C) (9A)...... (9B)...... (10A)..... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Acetyl chloride... 3 UN1717........ II........ FLAMMABLE LIQUID, A3, A6, A7, B100, None...... 202 243 1 L....... 5 L....... B......... 40
CORROSIVE. N34, T18, T26.
Acetyl iodide..... 8 UN1898........ II........ CORROSIVE........ B2, B101, T9..... 154....... 202 242 1L........ 30 L...... C......... 8, 40
Alkali metal 4.3 UN1390........ II........ DANGEROUS WHEN A6, A7, A8, A19, None...... 212 241 15 kg..... 50 kg..... E......... 40
amides. WET. A20, B101, B106.
Alkaline earth 4.3 UN1393........ II........ DANGEROUS WHEN A19, B100........ None...... 212 241 15 kg..... 50 kg..... E.........
metal alloys, WET.
n.o.s.
Allyl iodide...... 3 UN1723........ II........ FLAMMABLE LIQUID, A3, A6, B100, None...... 201 243 0.5 L..... 2.5 L..... B......... 40
CORROSIVE. N34, T18.
Aluminum bromide, 8 UN1725........ II........ CORROSIVE........ B106............. 154....... 212 240 15 kg..... 50 kg..... A......... 40
anhydrous.
Aluminum carbide.. 4.3 UN1394........ II........ DANGEROUS WHEN A20, B101, B106, None...... 212 242 15 kg..... 50 kg..... A.........
WET. N41.
Aluminum chloride, 8 UN1726........ II........ CORROSIVE........ B106............. 154....... 212 240 15 kg..... 50 kg..... A......... 40
anhydrous.
Aluminum 4.3 UN1395........ II........ DANGEROUS WHEN A19, B108........ None...... 212 242 15 kg..... 50 kg..... A......... 40, 85,
ferrosilicon WET. 103
powder.
Aluminum hydride.. 4.3 UN2463........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E.........
WET.
Aluminum phosphide 4.3 UN1397........ I......... DANGEROUS WHEN A8, A19, B100, None...... 211 242 Forbidden. 15 kg..... E......... 40, 85
WET, POISON. N40.
Aluminum powder, 4.3 UN1396........ II........ DANGEROUS WHEN A19, A20, B108... None...... 212 242 15 kg..... 50 kg..... A......... 39
uncoated. WET.
Ammonium hydrogen 8 UN1727........ II........ CORROSIVE........ B106, N34........ 154....... 212 240 15 kg..... 50 kg..... A......... 25, 26, 40
fluoride, solid.
Ammonium nitrate, 5.1 UN2426........ .......... OXIDIZER......... B5, B100, B17, None...... None 243 Forbidden. Forbidden. D......... 59, 60
liquid (hot T25.
concentrated
solution).
Antimony 8 UN1733........ II........ CORROSIVE........ B106............. 154....... 212 240 15 kg..... 50 kg..... A......... 40
trichloride,
solid.
Barium............ 4.3 UN1400........ II........ DANGEROUS WHEN A19, B100........ None...... 212 241 15 kg..... 50 kg..... E.........
WET.
Benzene........... 3 UN1114........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... 40
Benzotrichloride.. 8 UN2226........ II........ CORROSIVE........ B2, B101, T15.... 154....... 202 242 1 L....... 30 L...... A......... 40
Bifluoride, 8 UN1740........ II........ CORROSIVE........ B106, N3, N34.... None...... 212 240 15 kg..... 50 kg..... A......... 25, 26, 40
n.o.s., solid.
Bromobenzyl 6.1 UN1694........ I......... POISON........... B110, T18........ None...... 211 241 Forbidden. 50 kg..... D......... 12, 40
cyanides, solid.
Butyl vinyl ether, 3 UN2352........ II........ FLAMMABLE LIQUID. B101, T7......... 150....... 202 242 5 L....... 60 L...... B......... 40
inhibited.
n-Butylamine...... 3 UN1125........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... 40
Butyryl chloride.. 3 UN2353........ II........ FLAMMABLE LIQUID, B100, T9, T26.... None...... 202 243 1 L....... 5 L....... C......... 40
CORROSIVE.
Calcium........... 4.3 UN1401........ II........ DANGEROUS WHEN B100............. None...... 212 241 15 kg..... 50 kg..... E......... ..........
WET.
Calcium carbide... 4.3 UN1402........ II........ DANGEROUS WHEN A1, A8, B55, None...... 212 241 15 kg..... 50 kg..... B......... ..........
WET. B101, B106, N34.
Calcium cyanamide 4.3 UN1403........ III....... DANGEROUS WHEN A1, A19, B105.... None...... 213 241 25 kg..... 100 kg.... A......... ..........
with more than WET.
0.1 percent of
calcium carbide.
Calcium hydride... 4.3 UN1404........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E......... ..........
WET.
Calcium 5.1 UN2208........ III....... OXIDIZER......... A1, A29, B103, 152....... 213 240 25 kg..... 100 kg.... A......... 56, 58,
hypochlorite N34. 69, 106
mixtures, dry
with more than 10
percent but not
more than 39 per
cent available
chloride.
Calcium manganese 4.3 UN2844........ III....... DANGEROUS WHEN A1, A19, B105, None...... 213 241 25 kg..... 100 kg.... A......... 85, 103
silicon. WET. B106.
Calcium phosphide. 4.3 UN1360........ I......... DANGEROUS WHEN A8, A19, B100, None...... 211 242 Forbidden. 15 kg..... E......... 40, 85
WET, POISON. N40.
Calcium silicide.. 4.3 UN1405........ II........ DANGEROUS WHEN A19, B106, B108.. None...... 212 241 15 kg..... 50 kg..... B......... 85, 103
WET.
Cerium, turnings 4.3 UN3078........ II........ DANGEROUS WHEN A1, B105, B106, None...... 213 242 15 kg..... 50 kg..... E......... ..........
or gritty powder. WET. B109.
Cesium or caesium. 4.3 UN1407........ I......... DANGEROUS WHEN A19, B100, N34, None...... 211 242 Forbidden. 15 kg..... D......... ..........
WET. N40.
Chloral, 6.1 UN2075........ II........ POISON........... B101, T14........ None...... 212 243 25 kg..... 100 kg.... D......... 40
anhydrous,
inhibited.
Chlorobutanes..... 3 UN1127........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... ..........
Chloropicrin 6.1 UN1583........ I......... POISON........... 5, B100.......... None...... 201 243 Forbidden. Forbidden. C......... 40
mixtures, n.o.s..
.................. .............. II........ POISON........... B100............. None...... 202 243 Forbidden. Forbidden. C......... 40
.................. .............. III....... KEEP AWAY FROM B100............. 153....... 203 241 Forbidden. Forbidden. C......... 40
FOOD.
Chlorosilanes, 8 UN2986........ II........ CORROSIVE, B100............. None...... 202 243 1 L....... 30 L...... C......... 23, 40
n.o.s., flash FLAMMABLE LIQUID.
point not less
than 23 degrees C.
Chlorosilanes, 3 UN2985........ II........ FLAMMABLE LIQUID, B100, T18, T26... None...... 201 243 1 L....... 5 L....... B......... 40
n.o.s., flash CORROSIVE.
point less than
23 degrees C.
Chromium trioxide, 5.1 UN1463........ II........ OXIDIZER, B106............. None...... 212 242 5 kg...... 25 kg..... A......... ..........
anhydrous. CORROSIVE.
Corrosive solids, 8 UN2921........ I......... CORROSIVE, B106............. None...... 211 242 1 kg...... 25 kg..... B......... 12, 24,
flammable, n.o.s. FLAMMABLE SOLID. 25, 48
Corrosive solids, 8 UN3084........ I......... CORROSIVE, B100............. None...... 211 240 1 kg...... 25 kg..... C......... 89
oxidizing, n.o.s. OXIDIZER.
.................. .......... .............. II........ CORROSIVE, B100............. None...... 212 240 15 kg..... 50 kg..... C......... 89
OXIDIZER.
Corrosive solids, 8 UN3095........ I......... CORROSIVE, B100............. None...... 211 243 1 kg...... 25 kg..... C......... ..........
self-heating, SPONTANEOUSLY
n.o.s. COMBUSTIBLE.
.................. .......... .............. II........ CORROSIVE, ................. None...... 212 242 15 kg..... 50 kg..... E......... ..........
SPONTANEOUSLY
COMBUSTIBLE.
Corrosive solids, 8 UN3096........ I......... CORROSIVE, B105............. None...... 211 243 1 kg...... 25 kg..... E......... ..........
which in contact DANGEROUS WHEN
with water emit WET.
flammable gases,
n.o.s.
.................. .......... .............. II........ CORROSIVE, B105............. None...... 212 242 15 kg..... 50 kg..... E......... ..........
DANGEROUS WHEN
WET.
Cyclohexane....... 3 UN1145........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... E......... ..........
Cyclohexene....... 3 UN2256........ II........ FLAMMABLE LIQUID. B101, T7......... 150....... 202 242 5 L....... 60 L...... E......... ..........
Cyclohexylamine... 8 UN2357........ II........ CORROSIVE, B100, T8, T26.... None...... 202 243 1 L....... 30 L...... A......... 12, 21,
FLAMMABLE LIQUID. 40, 48
Cyclopentane...... 3 UN1146........ II........ FLAMMABLE LIQUID. B101, T14........ 150....... 202 242 5 L....... 60 L...... E......... ..........
Cyclopentene...... 3 UN2246........ II........ FLAMMABLE LIQUID. B101, T13........ 150....... 202 242 5 L....... 60 L...... E......... ..........
1,1-Dichloroethane 3 UN2362........ II........ FLAMMABLE LIQUID. B101, T7......... 150....... 202 242 5 L....... 60 L...... B......... 40
Diethyl sulfate... 6.1 UN1594........ II........ POISON........... B101, T14........ None...... 202 243 5 L....... 60 L...... C......... ..........
Diethyl sulfide... 3 UN2375........ II........ FLAMMABLE LIQUID. B101, T14........ None...... 202 243 1 L....... 60 L...... E......... ..........
Diethylamine...... 3 UN1154........ II........ FLAMMABLE LIQUID. B101, N34, T8.... 150....... 202 242 5 L....... 60 L...... E......... ..........
Diethyldichlorosil 8 UN1767........ II........ CORROSIVE, A7, B6, N34, None...... 202 243 Forbidden. 30 L...... C......... 21, 40
ane. FLAMMABLE LIQUID. B100, T8, T26.
Diisopropyl ether. 3 UN1159........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... E......... 40
Diisopropylamine.. 3 UN1158........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... ..........
Dimethyl sulfide.. 3 UN1164........ II........ FLAMMABLE LIQUID. B100, T14........ None...... 201 243 1 L....... 30 L...... E......... 40
Dinitrotoluenes, 6.1 UN1600........ II........ POISON........... B100, T14........ None...... 202 243 Forbidden. Forbidden. C......... ..........
molten.
Divinyl ether, 3 UN1167........ I......... FLAMMABLE LIQUID. B110,T14......... None...... 202 241 5L........ 60L....... e......... 40
inhibited.
Ethyl bromide..... 6.1 UN1891........ II........ POISON........... B100, T17........ None...... 202 243 5 L....... 60 L...... B......... 40
Ethyl butyl ether. 3 UN1179........ II........ FLAMMABLE LIQUID. B1, B101, T1..... 150....... 202 242 5 L....... 60 L...... B......... ..........
Ethyl propyl ether 3 UN2615........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... E......... ..........
Ethyltrichlorosila 3 UN1196........ II........ FLAMMABLE LIQUID, A7, B100, N34, None...... 201 243 Forbidden. 2.5 L..... B......... 40
ne. CORROSIVE. T15, T26.
Ferrous metal 4.2 UN2793........ III....... SPONTANEOUSLY A1, A19, B101.... None...... 213 241 25 kg..... 100 kg.... A......... ..........
borings, COMBUSTIBLE.
shavings,
turnings or
cuttings in a
form liable to
self-heating.
Flammable solids, 4.1 UN2925........ II........ FLAMMABLE SOLID, B106............. None...... 212 242 15 kg..... 50 kg..... D......... 40
corrosive, n.o.s. CORROSIVE.
.................. .......... .............. III....... FLAMMABLE SOLID, A1, B106......... 151....... 213 242 25 kg..... 100 kg.... D......... 40
CORROSIVE.
Flammable solids, 4.1 UN2926........ II........ FLAMMABLE SOLID, B106............. None...... 212 242 15 kg..... 50 kg..... B......... 40
poisonous, n.o.s. POISON.
.................. .......... .............. III....... FLAMMABLE SOLID, A1, B106......... 151....... 213 242 25 kg..... 100 kg.... B......... 40
KEEP AWAY FROM
FOOD.
Fluoroacetic acid. 6.1 UN2642........ I......... POISON........... B100............. None...... 211 242 1 kg...... 15 kg..... E.........
Fluorobenzene..... 3 UN2387........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B.........
Gasoline.......... 3 UN1203........ II........ FLAMMABLE LIQUID. B33, B101, T8.... 150....... 202 242 5 L....... 60 L...... E.........
Hafnium powder, 4.2 UN2545........ I......... SPONTANEOUSLY B100............. None...... 211 242 Forbidden. Forbidden. D.........
dry. COMBUSTIBLE.
.................. .......... .............. II........ SPONTANEOUSLY A19, A20, B100, None...... 212 241 15 kg..... 50 kg..... D.........
COMBUSTIBLE. N34.
.................. .......... .............. III....... SPONTANEOUSLY B100............. None...... 213 241 25 kg..... 100 kg.... D.........
COMBUSTIBLE.
n-Heptene......... 3 UN2278........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B.........
Hexadienes........ 3 UN2458........ II........ FLAMMABLE LIQUID. B101, T7......... None...... 202 242 5 L....... 60 L...... B.........
Hexamethylene 6.1 UN2281........ II........ POISON........... B101, T14........ None...... 202 243 5 L....... 60 L...... B......... 13, 40
diisocyanate.
Hexamethyleneimine 3 UN2493........ II........ FLAMMABLE LIQUID, B101, T8......... None...... 202 243 1 L....... 5 L....... B......... 40
CORROSIVE.
Hexanes........... 3 UN1208........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... E.........
1-Hexene.......... 3 UN2370........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... E.........
Hydrogen peroxide 5.1 UN3149........ II........ OXIDIZER, A2, A3, A6, B12, None...... 202 243 1 L....... 5 L....... D......... 25, 66,
and peroxyacetic CORROSIVE. B53, B104, T14. 75, 106
acid mixtures,
with acids, water
and not more than
5 per cent
peroxyacetic
acid, stabilized.
Hydrogen peroxide, 5.1 UN2014........ II........ OXIDIZER, 12, A3, A6, B12, None...... 202 243 Forbidden. Forbidden. D......... 25, 66,
aqueous solutions CORROSIVE. B53, B80, B81, 75, 106
with more than 40 B85, B104, T14,
per cent but not T37.
more than 60 per
cent hydrogen
peroxide
(stabilized as
necessary).
Hydrogen peroxide, 5.1 UN2984........ III....... OXIDIZER......... 17, A1, B104, T8, 152....... 203 241 2.5 L..... 30 L...... B......... 25, 75,
aqueous solutions T37. 106
with not less
than 8 per cent
but less than 20
per cent hydrogen
peroxide
(stabilized as
necessary).
Hydrogen peroxide, 5.1 U2014......... II........ OXIDIZER, A2, A3, A6, B12, None...... 202 243 1 L....... 5 L....... D......... 25, 66,
aqueous solutions CORROSIVE. B53, B104, T14, 75, 106
with not less T37.
than 20 per cent
but not more than
40 per cent
hydrogen peroxide
(stabilized as
necessary).
Hypochlorite 8 UN1791........ III....... CORROSIVE........ B104, N34, T7.... 154....... 203 242 5 L....... 60 L...... B......... 26
solutions with
more than 5 per
cent but less
than 16 per cent
available
chloride.
Isobutylamine..... 3 UN1214........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... 40
Isobutyryl 3 UN2395........ II........ FLAMMABLE LIQUID, B100, T9, T26.... None...... 202 243 1 L....... 5 L....... C......... 40
chloride. CORROSIVE.
Isocyanatobenzotri- 6.1 UN2285........ II........ POISON........... 5, B101, T14..... None...... 202 243 5 L....... 60 L...... B......... 25, 40, 48
fluorides.
Lithium........... 4.3 UN1415........ II........ DANGEROUS WHEN A7, A19, B100, None...... 212 244 Forbidden. 50 kg..... E......... ..........
WET. N45.
Lithium aluminum 4.3 UN1410........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E......... ..........
hydride. WET.
Lithium 4.3 UN2830........ II........ DANGEROUS WHEN A19, B105, B106.. None...... 212 241 15 kg..... 50 kg..... E......... 40, 85,
ferrosilicon. WET. 103
Lithium hydride... 4.3 UN1414........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E......... ..........
WET.
Lithium hydride, 4.3 UN2805........ II........ DANGEROUS WHEN A8, A19, A20, None...... 212 241 15 kg..... 50 kg..... E......... ..........
fused solid. WET. B101, B106.
Lithium silicon... 4.3 UN1417........ II........ DANGEROUS WHEN A19, A20, B100... None...... 212 241 15 kg..... 50 kg..... A......... 85, 103
WET.
Magnesium aluminum 4.3 UN1419........ I......... DANGEROUS WHEN A19, B100, N34, None...... 211 242 Forbidden. 15 kg..... E......... 40, 85
phosphide. WET, POISON. N40.
Magnesium 4.3 UN2950........ III....... DANGEROUS WHEN A1, A19, B108.... None...... 213 240 25 kg..... 100 kg.... A......... ..........
granules, coated WET.
particle size not
less than 149
microns.
Magnesium hydride. 4.3 UN2010........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E......... ..........
WET.
Magnesium, powder 4.3 UN1418........ II........ DANGEROUS WHEN A19, B56, B100... None...... 212 241 15 kg..... 50 kg..... A......... 39
or Magnesium WET,
alloys, powder. SPONTANEOUSLY
COMBUSTIBLE.
Magnesium silicide 4.3 UN2624........ II........ DANGEROUS WHEN A19, A20, B105, None...... 212 241 15 kg..... 50 kg..... B......... 85, 103
WET. B106.
Maneb or Maneb 4.2 UN2210........ III....... SPONTANEOUSLY A1, A19, B105.... None...... 213 242 25 kg..... 100 kg.... A......... 34
prepareations COMBUSTIBLE,
with not less DANGEROUS WHEN
than 60 percent WET.
maneb.
Maneb stabilized 4.3 UN2968........ III....... DANGEROUS WHEN A1, A19, B108.... None...... 213 242 25 kg..... 100 kg.... B......... 34
or Maneb WET.
preparations,
stabilized
against self-
heating.
Methyl acetate.... 3 UN1231........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... ..........
Methyl allyl 3 UN2554........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... E......... ..........
chloride.
Methyl 6.1 UN2643........ II........ POISON........... B100, T8......... None...... 202 243 5 L....... 60 L...... D......... 40
bromoacetate.
Methyl tert-butyl 3 UN2398........ II........ FLAMMABLE LIQUID. B101, T14........ 150....... 202 242 5 L....... 60 L...... E.........
ether.
Methyl propionate. 3 UN1248........ II........ FLAMMABLE LIQUID. B101, T2......... 150....... 202 242 5 L....... 60 L...... B......... ..........
Methyltetrahydrofu 3 UN2536........ II........ FLAMMABLE LIQUID. B101, T7......... 150....... 202 242 5 L....... 60 L...... B......... ..........
ran.
Natural gasoline.. 3 UN1257........ I......... FLAMMABLE LIQUID. T8............... 150....... 202 242 1 L....... 30 L...... E......... ..........
.................. .......... .............. II........ FLAMMABLE LIQUID. B101T8........... 150....... 202 242 5L........ 60L....... E.........
Nitrating acid 8 UN1826........ II........ CORROSIVE........ B2, B100, T12, None...... 158 242 Forbidden. 30 L...... D......... 40
mixtures, spent T27.
with not more
than 50 per cent
nitric acid.
p-Nitroso- 4.2 UN1369........ II........ SPONTANEOUSLY A19, A20, B101, None...... 212 241 15 kg..... 50 kg..... D......... 34
dimethylaniline. COMBUSTIBLE. N34.
Osmium tetroxide.. 6.1 UN2471........ I......... POISON........... A8, B100, N33, None...... 211 242 5 kg...... 50 kg..... B......... 40
N34.
Paper, unsaturated 4.2 UN1379........ III....... SPONTANEOUSLY B101, B106....... None...... 213 241 Forbidden. Forbidden. A......... ..........
oil treated COMBUSTIBLE.
incompletely
dried (including
carbon paper).
Phenacyl bromide.. 6.1 UN2645........ II........ POISON........... B106............. None...... 212 242 25 kg..... 100 kg.... B......... 40, 48
Phenol, molten.... 6.1 UN2312........ II........ POISON........... B14, B100, T8.... None...... 202 243 Forbidden. Forbidden. B......... 40
Phenyl isocyanate. 6.1 UN2487........ II........ POISON........... B101............. None...... 227 244 5 L....... 60 L...... D......... 40
Phosphorus 8 UN1939........ II........ CORROSIVE........ B8, B106, N41, None...... 212 240 Forbidden. 50 kg..... C......... 12, 40, 48
oxybromide. N43.
Phosphorus 8 UN2691........ II........ CORROSIVE........ A7, B106, N34.... 154....... 212 240 Forbidden. 50 kg..... B......... 12, 40, 48
pentabromide.
Phosphorus 8 UN1806........ II........ CORROSIVE........ A7, B106, N34.... None...... 212 240 Forbidden. 50 kg..... C......... 40
pentachoride.
Phosphorus 4.3 UN1340........ II........ DANGEROUS WHEN A20, B59, B100... None...... 212 242 15 kg..... 50 kg..... B......... 74
pentasulfide, WET.
free from yellow
or white
phosphorus.
Poisonous solids, 6.1 UN2930........ I......... POISON, FLAMMABLE B106............. None...... 211 242 1 kg...... 15 kg..... B......... ..........
flammable, n.o.s. SOLID.
.................. .......... .............. II........ POISON, FLAMMABLE B106............. None...... 212 242 15 kg..... 50 kg..... B......... ..........
SOLID.
Poisonous solids, 6.1 UN3124........ I......... POISON, A5, B100......... None...... 211 241 5 kg...... 15 kg..... C......... ..........
self heating, SPONTANEOUSLY
n.o.s. COMBUSTIBLE.
Poisonous solids, 6.1 UN3125........ I......... POISON, DANGEROUS A5, B101......... None...... 211 241 5 kg...... 15 kg..... E......... ..........
which in contact WHEN WET.
with water emit
flammable gases,
n.o.s.
.................. .......... .............. .......... POISON, DANGEROUS B100............. None...... 212 242 15 kg..... 50 kg..... E......... ..........
WHEN WET.
Potassium......... 4.3 UN2257........ II........ DANGEROUS WHEN A19, A20, B27, None...... 212 244 Forbidden. 50 kg..... D......... ..........
WET. B100, N6, N34,
T15, T26.
Potassium 8 UN1811........ II........ CORROSIVE, POISON B106, N3, N34, T8 154....... 212 242 15 kg..... 50 kg..... A......... 25, 26,
bifluoride, solid. 40, 95
Potassium sulfide, 4.2 UN1382........ II........ SPONTANEOUSLY A19, A20, B16, None...... 212 241 15 kg..... 50 kg..... A......... ..........
anhydrous or COMBUSTIBLE. B106, N34.
Potassium sulfide
with less than 30
percent water of
crystallization.
Propionyl chloride 3 UN1815........ II........ FLAMMABLE LIQUID, B100, T8, T26.... None...... 202 243 1 L....... 5 L....... B......... 40
CORROSIVE.
Rubidium.......... 4.3 UN1423........ I......... DANGEROUS WHEN 22, A7, A19, None...... 211 242 Forbidder. 15 kg..... E......... ..........
WET. B100, N34, N40,
N45.
Self-heating 4.2 UN3088........ II........ SPONTANEOUSLY B101............. None...... 212 241 25 kg..... 100 kg.... C......... ..........
substances, COMBUSTIBLE.
solid, n.o.s.
.................. .......... .............. III....... SPONTANEOUSLY B101............. None...... 213 241 25 kg..... 100 kg.... C......... ..........
COMBUSTIBLE.
Sodium............ 4.3 UN1428........ II........ DANGEROUS WHEN A7, A8, A19, A20, None...... 212 244 Forbidden. 50 kg..... D......... ..........
WET. B9, B28, B48,
B68, B100, N34,
T15, T29, T46.
Sodium aluminum 4.3 UN2835........ II........ DANGEROUS WHEN A8, A19, A20, None...... 212 242 Forbidden. 50 kg..... E......... ..........
hydride. WET. B100.
Sodium dithionite 4.2 UN1384........ II........ SPONTANEOUSLY A19, A20, B106... None...... 212 241 15 kg..... 50 kg..... E......... 13
or Sodium COMBUSTIBLE.
hydrosulfite.
Sodium hydride.... 4.3 UN1427........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E......... ..........
WET.
Sodium hydrogen 8 UN2439........ II........ CORROSIVE........ B106, N3, N34.... 154....... 212 240 15 kg..... 50 kg..... A......... 12, 25,
fluoride. 26, 40,
48
Sodium sulfide, 4.2 UN1385........ II........ SPONTANEOUSLY A19, A20, B106, None...... 212 241 15 kg..... 50 kg..... A......... ..........
anhydrous or COMBUSTIBLE. N34.
Sodium sulfide
with less than 30
per cent water
crystallization.
Stannic phosphide. 4.3 UN1433........ I......... DANGEROUS WHEN A19, B100, N40... None...... 211 242 Forbidden. 15 kg..... E......... 40, 85
WET.
Substances which 4.3 UN3131........ I......... DANGEROUS WHEN N40, B100........ None...... 211 242 Forbidden. 15 kg..... E......... ..........
in contact with WET, CORROSIVE.
water emit
flammable gases,
solid, corrosive,
n.o.s.
.................. .......... .............. II........ DANGEROUS WHEN B100............. None...... 212 242 15 kg..... 50 kg..... E......... ..........
WET, CORROSIVE.
.................. .......... .............. III....... DANGEROUS WHEN B100............. None...... 213 241 25 kg..... 100 kg.... E......... ..........
WET, CORROSIVE.
Substances which 4.3 UN3132........ I......... DANGEROUS WHEN N40, B100........ None...... 211 242 Forbidden. 15 kg..... E......... ..........
in contact with WET, FLAMMABLE
water emit SOLID.
flammable gases,
solid, flammable,
n.o.s.
.................. .......... .............. II........ DANGEROUS WHEN B100............. None...... 212 242 15 kg..... 50 kg..... E.........
WET, FLAMMABLE
SOLID.
.................. .......... .............. III....... DANGEROUS WHEN B100............. None...... 213 241 25 kg..... 100 kg.... E......... ..........
WET, FLAMMABLE
SOLID.
Substances which 4.3 UN2813........ I......... DANGEROUS WHEN N40, B100........ None...... 211 242 Forbidden. 15 kg..... E......... 40
in contact with WET.
water emit
flammable gases,
solid, n.o.s.
.................. .......... .............. II........ DANGEROUS WHEN B100............. None...... 212 242 15 kg..... 50 kg..... E......... 40
WET.
.................. .......... .............. III....... DANGEROUS WHEN B100............. None...... 213 241 25 kg..... 100 kg.... E......... 40
WET.
Substances which 4.3 UN3134........ I......... DANGEROUS WHEN A5, N40, B101.... None...... 211 242 Forbidden. 15 kg..... E......... ..........
in contact with WET, POISON.
water, emit
flammable gases,
solid, poisonous,
n.o.s.
.................. .......... .............. II........ DANGEROUS WHEN B105............. None...... 212 242 15 kg..... 50 kg..... E......... ..........
WET, POISON.
.................. .......... .............. III....... DANGEROUS WHEN B105............. None...... 213 241 25 kg..... 100 kg.... E......... ..........
WET, POISON.
Substances which 4.3 UN3135........ I......... DANGEROUS WHEN B100, N40........ None...... 211 242 Forbidden. 15 kg..... E......... ..........
in contact with WET,
water emit SPONTANEOUSLY
flammable gases, COMBUSTIBLE.
solid, self-
heating, n.o.s..
.................. .......... .............. II........ DANGEROUS WHEN B100............. None...... 212 242 15 kg..... 50 kg..... E......... ..........
WET,
SPONTANEOUSLY
COMBUSTIBLE.
.................. .......... .............. III....... DANGEROUS WHEN B100............. None...... 213 241 25 kg..... 100 kg.... E.........
WET,
SPONTANEOUSLY
COMBUSTIBLE.
Thiophene......... 3 UN2414........ II........ FLAMMABLE LIQUID. B101, T2......... 150....... 202 242 5 L....... 60 L...... B......... 40
Thiophosphoryl 8 UN1837........ II........ CORROSIVE........ A3, A7, B2, B8, None...... 202 242 Forbidden. 30 L...... C......... 8, 40
chloride. B25, B101, N34,
T12.
Titanium 8 UN2869........ II........ CORROSIVE........ A7, B106, N34.... 154....... 212 240 15 kg..... 50 kg..... A......... 40
tricloride
mixtures.
Toluene 6.1 UN2078........ II........ POISON........... B101, T14........ None...... 202 243 5 L....... 60 L...... B......... 25, 40
diisocyanate.
Triethylamine..... 3 UN1296........ II........ FLAMMABLE LIQUID. B101, T8......... 150....... 202 242 5 L....... 60 L...... B......... 40
Vinyl ethyl ether, 3 UN1302........ II........ FLAMMABLE LIQUID. A3, B100, T14.... None...... 201 243 1 L....... 30 L...... E.........
inhibited.
Vinylpyridenes, 6.1 UN3073........ II........ POISON, FLAMMABLE B100, T8......... None...... 212 243 5 L....... 60 L...... B......... 40
inhibited. LIQUID.
Zinc ashes........ 4.3 UN1435........ III....... DANGEROUS WHEN A1, A19, B108.... None...... 213 241 25 kg..... 100 kg.... A.........
WET.
Zinc powder or 4.3 UN1436........ I......... DANGEROUS WHEN B100............. None...... 211 242 Forbidden. 15 kg..... A.........
Zinc dust. WET,
SPONTANEOUSLY
COMBUSTIBLE.
.................. .......... .............. II........ DANGEROUS WHEN B108............. None...... 212 242 15 kg..... 50 kg..... A.........
WET,
SPONTANEOUSLY
COMBUSTIBLE.
.................. .......... .............. III....... DANGEROUS WHEN B108............. None...... 213 242 25 kg..... 100 kg.... A.........
WET,
SPONTANEOUSLY
COMBUSTIBLE.
* * * * * * *
7. In Sec. 172.102, in paragraph (c)(3) Special Provisions B100,
B101, B103, B104, B105, B106, B108, B109 and B110 are added in
appropriate alpha-numeric order to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(3) * * *
Code/Special Provisions
* * * * *
B100 Intermediate bulk containers are not authorized.
B101 Authorized only in metal intermediate bulk containers.
B103 If an intermediate bulk container is used, the package must be
transported in a closed freight container or transport vehicle.
B104 Intermediate bulk containers must be provided with a device to
allow venting during transport. The inlet to the pressure relief
valve must communicate with the vapor space of the packaging and
lading during transport.
B105 Authorized only in rigid intermediate bulk containers.
B106 Authorized in intermediate bulk containers that are vapor
tight.
B108 Authorized in sift-proof, water-resistant flexible, fiberboard
or wooden intermediate bulk containers; packed in a closed transport
vehicle.
B109 Not authorized in flexible intermediate bulk containers.
B110 Authorized in intermediate bulk containers only in accordance
with Sec. 173.242(d) of this subchapter.
* * * * *
8. In Sec. 172.322, paragraphs (b) and (e)(2) are revised to read
as follows:
Sec. 172.322 Marine pollutants.
* * * * *
(b) A bulk packaging that contains a marine pollutant must--
(1) Be marked with the MARINE POLLUTANT mark on at least two
opposing sides or two ends other than the bottom if the packaging has a
capacity of less than 3,785 L (1,000 gallons). The mark must be visible
from the direction it faces. The mark may be displayed in black
lettering on a square-on-point configuration having the same outside
dimensions as a placard; or
(2) Be marked on each end and each side with the MARINE POLLUTANT
mark if the packaging has a capacity of 3,785 L (1,000 gallons) or
more. The mark must be visible from the direction it faces. The mark
may be displayed in black lettering on a square-on-point configuration
having the same outside dimensions as a placard.
* * * * *
(e) * * *
(2) The symbol, letters and border must be black and the background
white, or the symbol, letters, border and background must be of
contrasting color to the surface to which the mark is affixed. Each
side of the mark must be--
(i) At least 100 mm (3.9 inches) for marks applied to:
(A) Non-bulk packagings, except in the case of packagings which,
because of their size, can only bear smaller marks; or
(B) Bulk packagings with a capacity of less than 3785 L (1,000
gallons); or
(ii) At least 250 mm (9.8 inches) for marks applied to all other
bulk packagings.
9. In Sec. 172.514, paragraph (c)(3) is amended by removing the
period at the end of the paragraph and replacing it with ``; and'' and
paragraph (c)(4) is added to read as follows:
Sec. 172.514 Bulk packagings other than tank cars.
* * * * *
(c) * * *
(4) An intermediate bulk container.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
10. The authority citation for part 173 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1805, 1806, 1807, 1808,
1817; 49 CFR part 1, unless otherwise noted.
Sec. 173.24 [Amended]
11. In Sec. 173.24, the third sentence of paragraph (d) is amended
by replacing ``subpart L'' with ``subpart L or subpart N'' and
replacing ``subpart M'' with ``subpart M or subpart O, as
appropriate,''.
12. In Sec. 173.32, paragraphs (d) and (e)(1)(ii) are revised to
read as follows:
Sec. 173.32 Qualification, maintenance and use of portable tanks other
than Specification IM portable tanks.
* * * * *
(d) Use of Specification 52, 53, 56 and 57 portable tanks.
Continued use of an existing portable tank constructed to DOT
Specification 52 or 53 is authorized only for a tank constructed before
June 1, 1972. Continued use of an existing portable tank constructed to
DOT Specification 56 or 57 is authorized only for a tank constructed
before October 1, 1996.
(e) * * *
(1) * * *
(ii) Specifications 52, 53, 56 and 57 portable tanks
(Secs. 178.251, 178.252, 178.253 of this subchapter): At least once
every 2.5 years.
* * * * *
13. Section 173.35 is added to read as follows:
Sec. 173.35 Hazardous materials in intermediate bulk containers.
(a) No person may offer or accept a hazardous material for
transportation in an intermediate bulk container except as authorized
by this subchapter. Each intermediate bulk container used for the
transportation of hazardous materials must conform to the requirements
of its specification and regulations for the transportation of the
particular commodity. A specification intermediate bulk container, for
which the prescribed periodic retest or inspection under subpart D of
part 180 of this subchapter is past due, may not be filled and offered
for transportation until the retest or inspection have been
successfully completed. This requirement does not apply to any
intermediate bulk container filled prior to the retest or inspection
due date.
(b) Before being filled and offered for transportation, each
intermediate bulk container and its service equipment must be visually
inspected to ensure that it is free from corrosion, contamination,
cracks, or other damage which would render the intermediate bulk
container unsafe for transportation. No rigid plastic or composite
intermediate bulk container with repaired bodies may be reused;
however, plastic components, such as closures, valves, or legs, may be
replaced. Fiberboard, wooden, or flexible intermediate bulk containers
may not be reused.
(c) A metal intermediate bulk container, or a part thereof, subject
to thinning by mechanical abrasion or corrosion due to the lading, must
be protected by providing a suitable increase in thickness of material,
a lining or some other suitable method of protection. Increased
thickness for corrosion or abrasion protection must be added to the
wall thickness specified in Sec. 178.705(c)(1)(iv) of this subchapter.
(d) Notwithstanding requirements in Sec. 173.24b of this subpart,
when filling an intermediate bulk container with liquids, sufficient
ullage must be left to ensure that, at the mean bulk temperature of 50
deg.C (122 deg.F), the intermediate bulk container is not filled to
more than 98 percent of its water capacity.
(e) Where two or more closure systems are fitted in series, the
system nearest to the hazardous material being carried must be closed
first.
(f) During transportation--
(1) No hazardous material may remain on the outside of the
intermediate bulk container; and
(2) Each intermediate bulk container must be securely fastened to
or contained within the transport unit.
(g) Each intermediate bulk container used for transportation of
solids which may become liquid at temperatures likely to be encountered
during transportation must also be capable of containing the substance
in the liquid state.
(h) Liquid hazardous materials may only be offered for
transportation in a metal, rigid plastic, or composite intermediate
bulk container that is appropriately resistant to an increase of
internal pressure likely to develop during transportation.
(1) A rigid plastic or composite intermediate bulk container may
only be filled with a liquid having a vapor pressure less than or equal
to the greater of the following two values: the first value is
determined from any of the methods in paragraphs (h)(1) (i), (ii) or
(iii) of this section. The second value is determined by the method in
paragraph (h)(1)(iv) of this section.
(i) The gauge pressure (pressure in the intermediate bulk container
above ambient atmospheric pressure) measured in the intermediate bulk
container at 55 deg.C (131 deg.F). This gauge pressure must not
exceed two-thirds of the marked test pressure and must be determined
after the intermediate bulk container was filled and closed at 15
deg.C (60 deg.F) to less than or equal to 98 percent of its capacity.
(ii) The absolute pressure (vapor pressure of the hazardous
material plus atmospheric pressure) in the intermediate bulk container
at 50 deg.C (122 deg.F). This absolute pressure must not exceed four-
sevenths of the sum of the marked test pressure and 100 kPa (14.5 psi).
(iii) The absolute pressure (vapor pressure of the hazardous
material plus atmospheric pressure) in the intermediate bulk container
at 55 deg.C (131 deg.F). This absolute pressure must not exceed two-
thirds of the sum of the marked test pressure and 100 kPa (14.5 psi).
(iv) Twice the static pressure of the substance, measured at the
bottom of the intermediate bulk container. This value must not be less
than twice the static pressure of water.
(2) Gauge pressure (pressure in the intermediate bulk container
above ambient atmospheric pressure) in metal intermediate bulk
containers must not exceed 110 kPa (16 psig) at 50 deg.C (122 deg.F)
or 130 kPa (18.9 psig) at 55 deg.C (131 deg.F).
(i) The requirements in this section do not apply to DOT-56 or -57
portable tanks.
(j) No intermediate bulk container may be filled with a Packing
Group I liquid. Rigid plastic, composite, flexible, wooden or
fiberboard intermediate bulk containers used to transport Packing Group
I solid materials may not exceed 1.5 cubic meters (17.7 cubic feet)
capacity. For Packing Group I solids, a metal intermediate bulk
container may not exceed 3 cubic meters (35.3 cubic feet) capacity.
(k) When an intermediate bulk container is used for the
transportation of liquids with a flashpoint of 60.5 deg.C (141 deg.F)
(closed cup) or lower, or powders with the potential for dust
explosion, measures must be taken during product loading and unloading
to prevent a dangerous electrostatic discharge.
14. In Sec. 173.225, in paragraph (b) the following entries in the
Organic Peroxides Table, and Note 14 following the Table are revised,
and a new paragraph (e)(5) is added to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
(b) * * *
Organic Peroxides Table
Diluent (Mass %) Temperature ( deg.C)
Technical name ID No. Concentration --------------------------------------- Water (Mass Packing -------------------------- Notes
(Mass %) A B I %) method Control Emergency
(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[Revised]
* * * * * * *
Di-(4-tert-
butycyclohexyl)
peroxydicarbona
te as a stable
dispersion in
water.......... UN3119 =42 ........... ........... ........... ........... OP8A 30 35 14
Dicetyl
peroxydicarbona
te as a stable
dispersion in
water.......... UN3119 =42 ........... ........... ........... ........... OP8A 30 35 14
Dilauroyl
peroxide as a
stable
dispersion in
water.......... UN3109 =42 ........... ........... ........... ........... OP8A ........... ........... 14
Dimyristyl
peroxydicarbona
te as a stable
dispersion in
water.......... UN3119 =42 ........... ........... ........... ........... OP8A 20 25 14
* * * * * * *
Notes:
*****
14. For domestic shipments, this material may be transported in an intermediate bulk container or bulk packaging under the provisions of Sec.
173.225(e)(3)(ii).
* * * * *
(e) Bulk packagings for organic peroxides. * * *
* * * * *
(5) Intermediate bulk containers. Specification 31HA1 composite
intermediate bulk containers that are tested at the Packing Group II
performance level in accordance with subpart O of part 178 of this
subchapter.
16. In Sec. 173.240, paragraph (d) is added to read as follows:
Sec. 173.240 Bulk packaging for certain low hazard solid materials.
* * * * *
(d) Intermediate bulk containers. Intermediate bulk containers are
authorized subject to the conditions and limitations of this paragraph
and paragraph (d)(2) of this section provided they conform to the
requirements in subpart O of part 178 of this subchapter at the Packing
Group performance level specified in column 5 of the Sec. 172.101 Table
of this subchapter for the material being transported.
(1) The following are authorized:
(i) Composite: 11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1, or 31HZ2. For
composite intermediate bulk containers, the letter ``Z'' must be
replaced with a capital letter which indicates the material of
construction of the outer packaging. For example 21HA1 is a composite
intermediate bulk container with a metal outer packaging (see
Sec. 178.702 of this subchapter);
(ii) Fiberboard: 11G;
(iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3,
13L4, or 13M2;
(iv) Metal: 11A, 11B, 11N, 21A, 21B, 21N, 31A, 31B, or 31N;
(v) Rigid plastic: 11H1, 11H2, 21H1, 21H2, 31H1, or 31H2; or
(vi) Wooden intermediate bulk containers: 11C, 11D, or 11F.
(2) The following conditions and limitations apply to the use of
intermediate bulk containers:
(i) Flexible, fiberboard and wooden intermediate bulk containers
are intended for the transport of solids only and may not be used for
liquids or materials that may become liquid during transportation; or
(ii) Flexible, fiberboard, or wooden intermediate bulk containers
containing materials in Packing Group II must be packed in a closed
freight container or a closed transport vehicle.
17. In Sec. 173.241, paragraph (d) is added to read as follows:
Sec. 173.241 Bulk packagings for certain low hazard liquid and solid
materials.
* * * * *
(d) Intermediate bulk containers. (1) Intermediate bulk containers
are authorized subject to the conditions and limitations of this
paragraph and paragraph (d)(2) of this section provided they conform to
the requirements in subpart O of part 178 of this subchapter at the
Packing Group performance level specified in column 5 of the
Sec. 172.101 Table of this subchapter for the material being
transported.
(i) The following are authorized for liquids or solids:
(A) Composite: 31HZ1 or 31HZ2; For each composite intermediate bulk
container, the letter ``Z'' must be replaced with a capital letter
which indicates the material of construction of the outer packaging.
For example, 31HA1 is a composite intermediate bulk container with a
metal outer packaging (see Sec. 178.702 of this subchapter);
(B) Metal: 31A, 31B, or 31N; or
(C) Rigid plastic: 31H1 or 31H2.
(ii) The following are authorized for solids only:
(A) Composite: 11HZ1, 11HZ2, 21HZ1, or 21HZ2. For each composite
intermediate bulk container, the letter ``Z'' must be replaced with a
capital letter which indicates the material of construction of the
outer packaging. For example, 21HA1 is a composite intermediate bulk
container with a metal outer packaging (see Sec. 178.702 of this
subchapter);
(B) Fiberboard: 11G;
(C) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4,
or 13M2;
(D) Metal: 11A, 11B, 11N, 21A, 21B, or 21N;
(E) Rigid plastic: 11H1, 11H2, 21H1, or 21H2; or
(F) Wooden: 11C, 11D, or 11F.
(2) The following conditions and limitations apply to the use of
intermediate bulk containers:
(i) Flexible, fiberboard and wooden intermediate bulk containers
are intended for the transport of solids only and may not be used for
liquids or materials that may become liquid during transportation;
(ii) Only liquids with a vapor pressure less than or equal to 110
kPa (16 psig) at 50 deg.C (122 deg.F), or 130 kPa (18.9 psig) at 55
deg.C (131 deg.F), are authorized in metal intermediate bulk
containers; or
(iii) Flexible, fiberboard, or wooden intermediate bulk containers
containing materials in Packing Group II must be packed in a closed
freight container or a closed transport vehicle.
18. In Sec. 173.242, paragraph (d) is added to read as follows:
Sec. 173.242 Bulk packagings for certain medium hazard liquids and
solids, including solids with dual hazards.
* * * * *
(d) Intermediate bulk containers. (1) Intermediate bulk containers
are authorized subject to the conditions and limitations of this
paragraph and paragraph (d)(2) of this section provided they conform to
the requirements in subpart O of part 178 of this subchapter at the
Packing Group performance level specified in column 5 of the
Sec. 172.101 Table of this subchapter for the material being
transported.
(i) The following are authorized for liquids or solids:
(A) Composite intermediate bulk containers: 31HZ1 or 31HZ2; for
each composite intermediate bulk container, the letter ``Z'' must be
replaced with a capital letter which indicates the material of
construction of the outer packaging. For example, 21HA1 is a composite
intermediate bulk container with a metal outer packaging (see
Sec. 178.702 of this subchapter);
(B) Metal: 31A, 31B, or 31N; or
(C) Rigid plastic: 31H1 or 31H2;
(ii) The following are authorized for solids only:
(A) Composite: 11HZ1, 11HZ2, 21HZ1, or 21HZ2. For each composite
intermediate bulk container, the letter ``Z'' must be replaced with a
capital letter which indicates the material of construction of the
outer packaging. For example, 21HA1 is a composite intermediate bulk
container with a metal outer packaging (see Sec. 178.702 of this
subchapter);
(B) Fiberboard: 11G;
(C) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4,
or 13M2;
(D) Metal: 11A, 11B, 11N, 21A, 21B, or 21N;
(E) Rigid plastic: 11H1, 11H2, 21H1, or 21H2; or
(F) Wooden intermediate bulk containers: 11C, 11D, or 11F.
(2)Intermediate bulk containers are authorized subject to the
following conditions and limitations:
(i) No Packing Group I liquids or materials classified as Division
4.2 Packing Group I are authorized in intermediate bulk containers.
Packing Group I solids are only authorized in metal intermediate bulk
containers with capacities up to 3 cubic meters (35.4 cubic feet) and
in rigid plastic, composite and wooden intermediate bulk containers
with capacities of up to 1.5 cubic meters (17.7 cubic feet);
(ii) Flexible, fiberboard and wooden intermediate bulk containers
are intended for the transport of solids only and may not be used for
liquids or materials that may become liquid during transportation;
(iii) Only liquids with a vapor pressure less than or equal to 110
kPa (16 psig) at 50 deg.C (122 deg.F), or 130 kPa (18.9 psig) at 55
deg.C (131 deg.F), are authorized in metal intermediate bulk
containers; or
(iv) Flexible, fiberboard, or wooden intermediate bulk containers
and composite intermediate bulk containers, with a fiberboard outer
body, containing materials in Packing Group I must be packed in a
closed freight container or a closed transport vehicle. Flexible,
fiberboard, or wooden intermediate bulk containers containing materials
in Packing Group II must be packed in a closed freight container or a
closed transport vehicle.
19. In Sec. 173.243, the section heading is revised and paragraphs
(d) and (e) are added to read as follows:
Sec. 173.243 Bulk packaging for certain high hazard liquids and dual
hazard materials which pose a moderate hazard.
* * * * *
(d) Intermediate bulk containers. (1) Metal intermediate bulk
containers (31A, 31B, 31N) are authorized subject to the conditions and
limitations of paragraph (d)(2) of this section provided they conform
to the requirements in subpart O of part 178 of this subchapter at the
Packing Group performance level specified in column 5 of the
Sec. 172.101 Table of this subchapter for the material being
transported.
(2) Intermediate bulk containers are authorized subject to the
following conditions and limitations:
(i) No Packing Group I liquids or materials classified as Division
4.2 Packing Group I are authorized in intermediate bulk containers.
Packing Group I solids are only authorized in metal intermediate bulk
containers with capacities up to 3 cubic meters (35.4 cubic feet); and
in rigid plastic, composite and wooden intermediate bulk containers
with capacities of up to 1.5 cubic meters (17.7 cubic feet);
(ii) Only liquids with a vapor pressure less than or equal to 110
kPa (16 psig) at 50 deg.C (122 deg.F), or 130 kPa (18.9 psig) at 55
deg.C (131 deg.F), are authorized in metal intermediate bulk
containers; or
(iii) Flexible, fiberboard, or wooden intermediate bulk containers
and composite intermediate bulk containers, with a fiberboard outer
body, containing materials in Packing Group I must be packed in a
closed freight container or a closed transport vehicle. Flexible,
fiberboard, or wooden intermediate bulk containers containing materials
in Packing Group II must be packed in a closed freight container or a
closed transport vehicle.
(e) A dual hazard material may be packaged in accordance with
Sec. 173.242 if:
(1) The subsidiary hazard is Class 3 with a flash point greater
than 38 deg.C (100 deg.F); or
(2) The subsidiary hazard is Division 6.1, Packing Group III.
PART 178--SPECIFICATIONS FOR PACKAGINGS
20. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. App. 1803, 1804, 1805, 1806, 1808; 49 CFR
part 1.
Subpart H--[Amended]
21. In subpart H, Secs. 178.251, 178.251-1 through 178.251-7,
178.252, 178.252-1 through 178.252-3, 178.253, and 178.253-1 through
178.253-5 are removed and reserved.
22. Subpart N is added to part 178 to read as follows:
Subpart N--Intermediate Bulk Container Performance-Oriented Standards
Sec.
178.700 Purpose, scope and definitions.
178.702 Intermediate bulk container identification codes.
178.703 Marking of intermediate bulk containers.
178.704 General intermediate bulk container standards.
178.705 Standards for metal intermediate bulk containers.
178.706 Standards for rigid plastic intermediate bulk containers.
178.707 Standards for composite intermediate bulk containers.
178.708 Standards for fiberboard intermediate bulk containers.
178.709 Standards for wooden intermediate bulk containers.
178.710 Standards for flexible intermediate bulk containers.
Subpart N--Intermediate Bulk Container Performance-Oriented
Standards
Sec. 178.700 Purpose, scope and definitions.
(a) This subpart prescribes requirements applying to intermediate
bulk containers intended for the transportation of hazardous materials.
Standards for these packagings are based on the UN Recommendations.
(b) Terms used in this subpart are defined in Sec. 171.8 of this
subchapter and in paragraph (c) of this section.
(c) The following definitions pertain to the intermediate bulk
container standards in this subpart.
(1) Body means the receptacle proper (including openings and their
closures, but not including service equipment), which has a volumetric
capacity of not more than 3 cubic meters (3,000 liters, 793 gallons or
35.3 cubic feet) and not less than 0.45 cubic meters (450 liters, 119
gallons or 5.3 cubic feet).
(2) Service equipment means filling and discharge, pressure relief,
safety, heating and heat-insulating devices and measuring instruments.
(3) Structural equipment means the reinforcing, fastening,
handling, protective or stabilizing members of the body or stacking
load bearing structural members (such as metal cages).
(4) Maximum permissible gross mass means the mass of the body, its
service equipment, structural equipment and the maximum net mass (see
Sec. 171.8 of this subchapter).
Sec. 178.702 Intermediate bulk container identification codes.
(a) Intermediate bulk container code designations consist of: two
numerals specified in paragraph (a)(1) of this section; followed by the
capital letter(s) specified in paragraph (a)(2) of this section;
followed, when specified in an individual section, by a numeral
indicating the category of intermediate bulk container.
(1) Intermediate bulk container code number designations are as
follows:
------------------------------------------------------------------------
For solids, discharged
--------------------------
Under
Type pressure of For liquids
by gravity more than
10 kPa
(1.45 psi)
------------------------------------------------------------------------
Rigid............................ 11 21 31
Flexible......................... 13
------------------------------------------------------------------------
(2) Intermediate bulk container code letter designations are as
follows:
``A'' means steel (all types and surface treatments).
``B'' means aluminum.
``C'' means natural wood.
``D'' means plywood.
``F'' means reconstituted wood.
``G'' means fiberboard.
``H'' means plastic.
``L'' means textile.
``M'' means paper, multiwall.
``N'' means metal (other than steel or aluminum).
(b) For composite intermediate bulk containers, two capital letters
are used in sequence following the numeral indicating intermediate bulk
container design type. The first letter indicates the material of the
intermediate bulk container inner receptacle. The second letter
indicates the material of the outer intermediate bulk container. For
example, 31HA1 is a composite intermediate bulk container with a
plastic inner receptacle and a steel outer packaging.
Sec. 178.703 Marking of intermediate bulk containers.
(a) The manufacturer shall:
(1) Mark every intermediate bulk container in a durable and clearly
visible manner (applied in a single line or in multiple lines provided
the correct sequence is followed) with the following information in the
sequence presented:
(i) The United Nations symbol as illustrated in Sec. 178.503(d)(1).
For metal intermediate bulk containers on which the marking is stamped
or embossed, the capital letters `UN' may be applied instead of the
symbol.
(ii) The code number designating intermediate bulk container design
type according to Sec. 178.702(a) (1) and (2).
(iii) A capital letter identifying the performance standard under
which the design type has been successfully tested, as follows:
(A) X--for intermediate bulk containers meeting Packing Group I, II
and III tests;
(B) Y--for intermediate bulk containers meeting Packing Group II
and III tests; and
(C) Z--for intermediate bulk containers meeting only Packing Group
III tests.
(iv) The month (designated numerically) and year (last two digits)
of manufacture.
(v) The country authorizing the allocation of the mark. The letters
`USA' indicate that the intermediate bulk container is manufactured and
marked in the United States in compliance with the provisions of this
subchapter.
(vi) The name and address or symbol of the manufacturer or the
approval agency certifying compliance with subparts N and O of this
part. Symbols, if used, must be registered with the Associate
Administrator for Hazardous Materials Safety.
(vii) The stacking test load in kilograms (kg). For intermediate
bulk containers not designed for stacking, the figure ``0'' must be
shown.
(viii) The maximum permissible gross mass or, for flexible
intermediate bulk containers, the maximum net mass, in kg.
(2) The following are examples of symbols and required markings:
(i) For a metal intermediate bulk container containing solids
discharged by gravity made from steel:
BILLING CODE 4910-60-P
TR26JY94.000
BILLING CODE 4910-60-C
(ii) For a flexible intermediate bulk container containing solids
discharged by gravity and made from woven plastic with a liner:
BILLING CODE 4910-60-P
TR26JY94.001
BILLING CODE 4910-60-C
(iii) For a rigid plastic intermediate bulk container containing
liquids, made from plastic with structural equipment withstanding the
stack load and with a manufacturer's symbol in place of the
manufacturer's name and address:
BILLING CODE 4910-60-P
TR26JY94.002
BILLING CODE 4910-60-C
(iv) For a composite intermediate bulk container containing
liquids, with a rigid plastic inner receptacle and an outer steel body
and with the symbol of a DOT approved third-party test laboratory:
BILLING CODE 4910-60-P
TR26JY94.003
BILLING CODE 4910-60-C
(b) Additional marking. In addition to markings required in
paragraph (a) of this section, each intermediate bulk container must be
marked as follows in a place near the markings required in paragraph
(a) of this section that is readily accessible for inspection. Where
units of measure are used, the metric unit indicated (e.g., 450 liters)
must also appear.
(1) For each rigid plastic and composite intermediate bulk
container, the following markings must be included:
(i) Rated capacity in liters of water at 20 deg.C (68 deg.F);
(ii) Tare mass in kilograms;
(iii) Gauge test pressure in kPa;
(iv) Date of last leakproofness test, if applicable (month and
year); and
(v) Date of last inspection (month and year).
(2) For each metal intermediate bulk container, the following
markings must be included on a metal corrosion-resistant plate:
(i) Rated capacity in liters of water at 20 deg.C (68 deg.F);
(ii) Tare mass in kilograms;
(iii) Date of last leakproofness test, if applicable (month and
year);
(iv) Date of last inspection (month and year);
(v) Maximum loading/discharge pressure, in kPa, if applicable;
(vi) Body material and its minimum thickness in mm; and
(vii) Serial number assigned by the manufacturer.
(3) Markings required by paragraph (b)(1) or (b)(2) of this section
may be preceded by the narrative description of the marking, e.g.
``Tare Mass: * * *'' where the ``* * *'' are replaced with the tare
mass in kilograms of the intermediate bulk container.
(4) For each fiberboard and wooden intermediate bulk container, the
tare mass in kg must be shown.
(5) Each flexible intermediate bulk container may be marked with a
pictogram displaying recommended lifting methods.
Sec. 178.704 General intermediate bulk container standards.
(a) Each intermediate bulk container must be resistant to, or
protected from, deterioration due to exposure to the external
environment. Intermediate bulk containers intended for solid hazardous
materials must be sift-proof and water-resistant.
(b) All service equipment must be so positioned or protected as to
minimize potential loss of contents resulting from damage during
intermediate bulk container handling and transportation.
(c) Each intermediate bulk container, including attachments, and
service and structural equipment, must be designed to withstand,
without loss of hazardous materials, the internal pressure of the
contents and the stresses of normal handling and transport. An
intermediate bulk container intended for stacking must be designed for
stacking. Any lifting or securing features of an intermediate bulk
container must be of sufficient strength to withstand the normal
conditions of handling and transportation without gross distortion or
failure and must be positioned so as to cause no undue stress in any
part of the intermediate bulk container.
(d) An intermediate bulk container consisting of a packaging within
a framework must be so constructed that:
(1) The body is not damaged by the framework;
(2) The body is retained within the framework at all times; and
(3) The service and structural equipment are fixed in such a way
that they cannot be damaged if the connections between body and frame
allow relative expansion or movement.
(e) Bottom discharge valves must be secured in the closed position
and the discharge system suitably protected from damage. Valves having
lever closures must be secured against accidental opening. The open or
closed position of each valve must be readily apparent. For each
intermediate bulk container containing a liquid, a secondary means of
sealing the discharge aperture must also be provided, e.g., by a blank
flange or equivalent device.
(f) Intermediate bulk container design types must be constructed in
such a way as to be bottom-lifted or top-lifted as specified in
Secs. 178.811 and 178.812.
Sec. 178.705 Standards for metal intermediate bulk containers.
(a) The provisions in this section apply to metal intermediate bulk
containers intended to contain liquids and solids. Metal intermediate
bulk container types are designated:
(1) 11A, 11B, 11N for solids that are loaded or discharged by
gravity.
(2) 21A, 21B, 21N for solids that are loaded or discharged at a
gauge pressure greater than 10 kPa (1.45 psig).
(3) 31A, 31B, 31N for liquids or solids.
(b) Definitions for metal intermediate bulk containers:
(1) Metal intermediate bulk container means an intermediate bulk
container with a metal body, together with appropriate service and
structural equipment.
(2) Protected means providing the intermediate bulk container body
with additional external protection against impact and abrasion. For
example, a multi-layer (sandwich) or double wall construction or a
frame with a metal lattice-work casing.
(c) Construction requirements for metal intermediate bulk
containers are as follows:
(1) Body. The body must be made of ductile metal materials. Welds
must be made so as to maintain design type integrity of the receptacle
under conditions normally incident to transportation.
(i) The use of dissimilar metals must not result in deterioration
that could affect the integrity of the body.
(ii) Aluminum intermediate bulk containers intended to contain
flammable liquids must have no movable parts, such as covers and
closures, made of unprotected steel liable to rust, which might cause a
dangerous reaction from friction or percussive contact with the
aluminum.
(iii) Metals used in fabricating the body of a metal intermediate
bulk container must meet the following requirements:
(A) For steel, the percentage elongation at fracture must not be
less than 10,000/Rm with a minimum of 20 percent; where Rm = minimum
tensile strength of the steel to be used, in N/mm\2\; if U.S. Standard
units of pounds per square inch are used for tensile strength then the
ratio becomes 10,000 x (145/Rm).
(B) For aluminum, the percentage elongation at fracture must not be
less than 10,000/(6Rm) with an absolute minimum of eight percent; if
U.S. Standard units of pounds per square inch are used for tensile
strength then the ratio becomes 10,000 x 145/(6Rm).
(C) Specimens used to determine the elongation at fracture must be
taken transversely to the direction of rolling and be so secured that:
Lo = 5d
or
Lo = 5.65 A
where: Lo = gauge length of the specimen before the test
d = diameter
A = cross-sectional area of test specimen.
(iv) Minimum wall thickness:
(A) For a reference steel having a product of Rm x Ao = 10,000,
where Ao = minimum elongation (as a percentage) of the reference steel
to be used on fracture under tensile stress, (Rm x Ao = 10,000 x
145; if tensile strength is in U.S. Standard units of pounds per square
inch) the wall thickness must not be less than:
----------------------------------------------------------------------------------------------------------------
Wall thickness in mm (inches)
---------------------------------------------------------------
Types 11A, 11B, 11N Types 21A, 21B, 21N, 31A, 31B,
Capacity in liters\1\ -------------------------------- 31N
-------------------------------
Unprotected Protected Unprotected Protected
----------------------------------------------------------------------------------------------------------------
>450 and 1000........................ 2.0
(0.079) 1.5
(0.059) 2.5
(0.098) 2.0
(0.079)
>1000 and 2000....................... 2.5
(0.098) 2.0
(0.079) 3.0
(0.118) 2.5
(0.098)
>2000 and 3000....................... 3.0
(0.118) 2.5
(0.098) 4.0
(0.157) 3.0
(0.118)
----------------------------------------------------------------------------------------------------------------
\1\Where: gallons = liters x 0.264.
(B) For metals other than the reference steel described in
paragraph (c)(1)(iii)(A) of this section, the minimum wall thickness is
the greater of 1.5 mm (0.059 inches) or as determined by use of the
following equivalence formula:
TR26JY94.004
TR26JY94.005
where:
e1 =required equivalent wall thickness of the metal to be used (in
mm or if eo is in inches, use formula for U.S. Standard units).
eo = required minimum wall thickness for the reference steel (in
mm or if eo is in inches, use formula for U.S. Standard units).
Rm1 = guaranteed minimum tensile strength of the metal to be used
(in N/mm\2\ or for U.S. Standard units, use pounds per square inch).
A1 = minimum elongation (as a percentage) of the metal to be used
on fracture under tensile stress (see paragraph (c)(1) of this
section).
(2) Pressure relief. The following pressure relief requirements
apply to intermediate bulk containers intended for liquids:
(i) Intermediate bulk containers must be capable of releasing a
sufficient amount of vapor in the event of fire engulfment to ensure
that no rupture of the body will occur due to pressure build-up. This
can be achieved by spring-loaded or frangible pressure relief devices
or by other means of construction.
(ii) The start-to-discharge pressure may not be higher than 65 kPa
(9 psig) and no lower than the vapor pressure of the hazardous material
plus the partial pressure of the air or other inert gases, minus 100
kPa (14.5 psig) at 55 deg.C (131 deg.F), determined on the basis of a
maximum degree of filling as specified in Sec. 173.35(d) of this
subchapter. Pressure relief devices must be fitted in the vapor space.
Sec. 178.706 Standards for rigid plastic intermediate bulk containers.
(a) The provisions in this section apply to rigid plastic
intermediate bulk containers intended to contain solids or liquids.
Rigid plastic intermediate bulk container types are designated:
(1) 11H1 fitted with structural equipment designed to withstand the
whole load when intermediate bulk containers are stacked, for solids
which are loaded or discharged by gravity.
(2) 11H2 freestanding, for solids which are loaded or discharged by
gravity.
(3) 21H1 fitted with structural equipment designed to withstand the
whole load when intermediate bulk containers are stacked, for solids
which are loaded or discharged under pressure.
(4) 21H2 freestanding, for solids which are loaded or discharged
under pressure.
(5) 31H1 fitted with structural equipment designed to withstand the
whole load when intermediate bulk containers are stacked, for liquids.
(6) 31H2 freestanding, for liquids.
(b) Rigid plastic intermediate bulk containers consist of a rigid
plastic body, which may have structural equipment, together with
appropriate service equipment.
(c) Rigid plastic intermediate bulk containers must be manufactured
from plastic material of known specifications and be of a strength
relative to its capacity and to the service it is required to perform.
In addition to conformance to Sec. 173.24 of this subchapter, plastic
materials must be resistant to aging and to degradation caused by
ultraviolet radiation.
(1) If protection against ultraviolet radiation is necessary, it
must be provided by the addition of a pigment or inhibiter such as
carbon black. These additives must be compatible with the contents and
remain effective throughout the life of the intermediate bulk container
body. Where use is made of carbon black, pigments or inhibitors, other
than those used in the manufacture of the tested design type, retesting
may be omitted if changes in the carbon black content, the pigment
content or the inhibitor content do not adversely affect the physical
properties of the material of construction.
(2) Additives may be included in the composition of the plastic
material to improve the resistance to aging or to serve other purposes,
provided they do not adversely affect the physical or chemical
properties of the material of construction.
(3) No used material other than production residues or regrind from
the same manufacturing process may be used in the manufacture of rigid
plastic intermediate bulk containers.
(4) Rigid plastic intermediate bulk containers intended for the
transportation of liquids must be capable of releasing a sufficient
amount of vapor to prevent the body of the intermediate bulk container
from rupturing if it is subjected to an internal pressure in excess of
that for which it was hydraulically tested. This may be achieved by
spring-loaded or frangible pressure relief devices or by other means of
construction.
Sec. 178.707 Standards for composite intermediate bulk containers.
(a) The provisions in this section apply to:
(1) Composite intermediate bulk containers intended to contain
solids and liquids. Composite intermediate bulk container types are
designated:
(i) 11HZ1 Composite intermediate bulk containers with a rigid
plastic inner receptacle for solids loaded or discharged by gravity.
(ii) 11HZ2 Composite intermediate bulk containers with a flexible
plastic inner receptacle for solids loaded or discharged by gravity.
(iii) 21HZ1 Composite intermediate bulk containers with a rigid
plastic inner receptacle for solids loaded or discharged under
pressure.
(iv) 21HZ2 Composite intermediate bulk containers with a flexible
plastic inner receptacle for solids loaded or discharged under
pressure.
(v) 31HZ1 Composite intermediate bulk containers with a rigid
plastic inner receptacle for liquids.
(vi) 31HZ2 Composite intermediate bulk containers with a flexible
plastic inner receptacle for liquids.
(2) The marking code in paragraph (a)(1) of this section must be
completed by replacing the letter Z by a capital letter in accordance
with Sec. 178.702(a)(2) to indicate the material used for the outer
packaging.
(b) Definitions for composite intermediate bulk container types:
(1) A composite intermediate bulk container is an intermediate bulk
container which consists of a rigid outer packaging enclosing a plastic
inner receptacle together with any service or other structural
equipment. The outer packaging of a composite intermediate bulk
container is designed to bear the entire stacking load. The inner
receptacle and outer packaging form an integral packaging and are
filled, stored, transported, and emptied as a unit.
(2) The term plastic means polymeric materials (i.e., plastic or
rubber).
(3) A ``rigid'' inner receptacle is an inner receptacle which
retains its general shape when empty without closures in place and
without benefit of the outer casing. Any inner receptacle that is not
``rigid'' is considered to be ``flexible.''
(c) Construction requirements for composite intermediate bulk
containers with plastic inner receptacles are as follows:
(1) The outer packaging must consist of rigid material formed so as
to protect the inner receptacle from physical damage during handling
and transportation, but is not required to perform the secondary
containment function. It includes the base pallet where appropriate.
The inner receptacle is not intended to perform a containment function
without the outer packaging.
(2) A composite intermediate bulk container with a fully enclosing
outer packaging must be designed to permit assessment of the integrity
of the inner container following the leakproofness and hydraulic tests.
(3) The inner receptacle must be manufactured from plastic material
of known specifications and be of a strength relative to its capacity
and to the service it is required to perform. In addition to
conformance with the requirements of Sec. 173.24 of this subchapter,
the material must be resistant to aging and to degradation caused by
ultraviolet radiation.
(i) If necessary, protection against ultraviolet radiation must be
provided by the addition of pigments or inhibitors such as carbon
black. These additives must be compatible with the contents and remain
effective throughout the life of the inner receptacle. Where use is
made of carbon black, pigments, or inhibitors, other than those used in
the manufacture of the tested design type, retesting may be omitted if
the carbon black content, the pigment content, or the inhibitor content
do not adversely affect the physical properties of the material of
construction.
(ii) Additives may be included in the composition of the plastic
material of the inner receptacle to improve resistance to aging,
provided they do not adversely affect the physical or chemical
properties of the material.
(iii) No used material other than production residues or regrind
from the same manufacturing process may be used in the manufacture of
inner receptacles.
(iv) Composite intermediate bulk containers intended for the
transportation of liquids must be capable of releasing a sufficient
amount of vapor to prevent the body of the intermediate bulk container
from rupturing if it is subjected to an internal pressure in excess of
that for which it was hydraulically tested. This may be achieved by
spring-loaded or frangible pressure relief devices or by other means of
construction.
(4) The strength of the construction material comprising the outer
packaging and the manner of construction must be appropriate to the
capacity of the composite intermediate bulk container and its intended
use. The outer packaging must be free of any projection that might
damage the inner receptacle.
(i) Outer packagings of natural wood must be constructed of well
seasoned wood that is commercially dry and free from defects that would
materially lessen the strength of any part of the outer packaging. The
tops and bottoms may be made of water-resistant reconstituted wood such
as hardboard or particle board. Materials other than natural wood may
be used for construction of structural equipment of the outer
packaging.
(ii) Outer packagings of plywood must be made of well-seasoned,
rotary cut, sliced, or sawn veneer, commercially dry and free from
defects that would materially lessen the strength of the casing. All
adjacent plies must be glued with water-resistant adhesive. Materials
other than plywood may be used for construction of structural equipment
of the outer packaging. Outer packagings must be firmly nailed or
secured to corner posts or ends or be assembled by equally suitable
devices.
(iii) Outer packagings of reconstituted wood must be constructed of
water-resistant reconstituted wood such as hardboard or particle board.
Materials other than reconstituted wood may be used for the
construction of structural equipment of reconstituted wood outer
packaging.
(iv) Fiberboard outer packagings must be constructed of strong,
solid, or double-faced corrugated fiberboard (single or multiwall).
(A) Water resistance of the outer surface must be such that the
increase in mass, as determined in a test carried out over a period of
30 minutes by the Cobb method of determining water absorption, is not
greater than 155 grams per square meter (0.0316 pounds per square
foot--see ISO International Standard 535-1976 (E)). Fiberboard must
have proper bending qualities. Fiberboard must be cut, creased without
cutting through any thickness of fiberboard, and slotted so as to
permit assembly without cracking, surface breaks, or undue bending. The
fluting of corrugated fiberboard must be firmly glued to the facings.
(B) The ends of fiberboard outer packagings may have a wooden frame
or be constructed entirely of wood. Wooden battens may be used for
reinforcements.
(C) Manufacturers' joints in the bodies of outer packagings must be
taped, lapped and glued, or lapped and stitched with metal staples.
(D) Lapped joints must have an appropriate overlap.
(E) Where closing is effected by gluing or taping, a water-
resistant adhesive must be used.
(F) All closures must be sift-proof.
(v) Outer packagings of plastic materials must be constructed in
accordance with the relevant provisions of paragraph (c)(3) of this
section.
(5) Any integral pallet base forming part of an intermediate bulk
container, or any detachable pallet, must be suitable for the
mechanical handling of an intermediate bulk container filled to its
maximum permissible gross mass.
(i) The pallet or integral base must be designed to avoid
protrusions that may cause damage to the intermediate bulk container in
handling.
(ii) The outer packaging must be secured to any detachable pallet
to ensure stability in handling and transportation. Where a detachable
pallet is used, its top surface must be free from sharp protrusions
that might damage the intermediate bulk container.
(iii) Strengthening devices, such as timber supports to increase
stacking performance, may be used but must be external to the inner
receptacle.
(iv) The load-bearing surfaces of intermediate bulk containers
intended for stacking must be designed to distribute loads in a stable
manner. An intermediate bulk container intended for stacking must be
designed so that loads are not supported by the inner receptacle.
Sec. 178.708 Standards for fiberboard intermediate bulk containers.
(a) The provisions of this section apply to fiberboard intermediate
bulk containers intended to contain solids that are loaded or
discharged by gravity. Fiberboard intermediate bulk containers are
designated: 11G.
(b) Definitions for fiberboard intermediate bulk container types:
(1) Fiberboard intermediate bulk containers consist of a fiberboard
body with or without separate top and bottom caps, appropriate service
and structural equipment, and if necessary an inner liner (but no inner
packaging).
(2) Liner means a separate tube or bag, including the closures of
its openings, inserted in the body but not forming an integral part of
it.
(c) Construction requirements for fiberboard intermediate bulk
containers are as follows:
(1) Top lifting devices are prohibited in fiberboard intermediate
bulk containers.
(2) Fiberboard intermediate bulk containers must be constructed of
strong, solid or double-faced corrugated fiberboard (single or
multiwall) that is appropriate to the capacity of the outer packaging
and its intended use. Water resistance of the outer surface must be
such that the increase in mass, as determined in a test carried out
over a period of 30 minutes by the Cobb method of determining water
absorption, is not greater than 155 grams per square meter (0.0316
pounds per square footsee ISO 535-1976(E)). Fiberboard must have proper
bending qualities. Fiberboard must be cut, creased without cutting
through any thickness of fiberboard, and slotted so as to permit
assembly without cracking, surface breaks, or undue bending. The
fluting of corrugated fiberboard must be firmly glued to the facings.
(i) The walls, including top and bottom, must have a minimum
puncture resistance of 15 Joules (11 foot-pounds of energy) measured
according to ISO 3036, incorporated by reference in Sec. 171.7 of this
subchapter.
(ii) Manufacturers' joints in the bodies of intermediate bulk
containers must be made with an appropriate overlap and be taped,
glued, stitched with metal staples or fastened by other means at least
equally effective. Where joints are made by gluing or taping, a water-
resistant adhesive must be used. Metal staples must pass completely
through all pieces to be fastened and be formed or protected so that
any inner liner cannot be abraded or punctured by them.
(3) The strength of the material used and the construction of the
liner must be appropriate to the capacity of the intermediate bulk
container and the intended use. Joints and closures must be sift-proof
and capable of withstanding pressures and impacts liable to occur under
normal conditions of handling and transport.
(4) Any integral pallet base forming part of an intermediate bulk
container, or any detachable pallet, must be suitable for the
mechanical handling of an intermediate bulk container filled to its
maximum permissible gross mass.
(i) The pallet or integral base must be designed to avoid
protrusions that may cause damage to the intermediate bulk container in
handling.
(ii) The outer packaging must be secured to any detachable pallet
to ensure stability in handling and transport. Where a detachable
pallet is used, its top surface must be free from sharp protrusions
that might damage the intermediate bulk container.
(iii) Strengthening devices, such as timber supports to increase
stacking performance, may be used but must be external to the inner
liner.
(iv) The load-bearing surfaces of intermediate bulk containers
intended for stacking must be designed to distribute loads in a stable
manner.
Sec. 178.709 Standards for wooden intermediate bulk containers.
(a) The provisions in this section apply to wooden intermediate
bulk containers intended to contain solids that are loaded or
discharged by gravity. Wooden intermediate bulk container types are
designated:
(1) 11C Natural wood with inner liner.
(2) 11D Plywood with inner liner.
(3) 11F Reconstituted wood with inner liner.
(b) Definitions for wooden intermediate bulk containers:
(1) Wooden intermediate bulk containers consist of a rigid or
collapsible wooden body together with an inner liner (but no inner
packaging) and appropriate service and structural equipment.
(2) Liner means a separate tube or bag, including the closures of
its openings, inserted in the body but not forming an integral part of
it.
(c) Construction requirements for wooden intermediate bulk
containers are as follows:
(1) Top lifting devices are prohibited in wooden intermediate bulk
containers.
(2) The strength of the materials used and the method of
construction must be appropriate to the capacity and intended use of
the intermediate bulk container.
(i) Natural wood used in the construction of an intermediate bulk
container must be well-seasoned, commercially dry, and free from
defects that would materially lessen the strength of any part of the
intermediate bulk container. Each intermediate bulk container part must
consist of uncut wood or a piece equivalent in strength and integrity.
Intermediate bulk container parts are equivalent to one piece when a
suitable method of glued assembly is used (i.e., a Lindermann joint,
tongue and groove joint, ship lap or rabbet joint, or butt joint with
at least two corrugated metal fasteners at each joint, or when other
methods at least equally effective are used). Materials other than
natural wood may be used for the construction of structural equipment
of the outer packaging.
(ii) Plywood used in construction of bodies must be at least 3-ply.
Plywood must be made of well-seasoned, rotary-cut, sliced or sawn
veneer, commercially dry, and free from defects that would materially
lessen the strength of the body. All adjacent plies must be glued with
water-resistant adhesive. Materials other than plywood may be used for
the construction of structural equipment of the outer packaging.
(iii) Reconstituted wood used in construction of bodies must be
water resistant reconstituted wood such as hardboard or particle board.
Materials other than reconstituted wood may be used for the
construction of structural equipment of the outer packaging.
(iv) Wooden intermediate bulk containers must be firmly nailed or
secured to corner posts or ends or be assembled by similar devices.
(3) The strength of the material used and the construction of the
liner must be appropriate to the capacity of the intermediate bulk
container and its intended use. Joints and closures must be sift-proof
and capable of withstanding pressures and impacts liable to occur under
normal conditions of handling and transportation.
(4) Any integral pallet base forming part of an intermediate bulk
container, or any detachable pallet, must be suitable for the
mechanical handling of an intermediate bulk container filled to its
maximum permissible gross mass.
(i) The pallet or integral base must be designed to avoid
protrusions that may cause damage to the intermediate bulk container in
handling.
(ii) The outer packaging must be secured to any detachable pallet
to ensure stability in handling and transportation. Where a detachable
pallet is used, its top surface must be free from sharp protrusions
that might damage the intermediate bulk container.
(iii) Strengthening devices, such as timber supports to increase
stacking performance, may be used but must be external to the inner
liner.
(iv) The load-bearing surfaces of intermediate bulk containers
intended for stacking must be designed to distribute loads in a stable
manner.
Sec. 178.710 Standards for flexible intermediate bulk containers.
(a) The provisions of this section apply to flexible intermediate
bulk containers intended to contain solid hazardous materials. Flexible
intermediate bulk container types are designated:
(1) 13H1 woven plastic without coating or liner.
(2) 13H2 woven plastic, coated.
(3) 13H3 woven plastic with liner.
(4) 13H4 woven plastic, coated and with liner.
(5) 13H5 plastic film.
(6) 13L1 textile without coating or liner.
(7) 13L2 textile, coated.
(8) 13L3 textile with liner.
(9) 13L4 textile, coated and with liner.
(10) 13M1 paper, multiwall.
(11) 13M2 paper, multiwall, water resistant.
(b) Definitions for flexible intermediate bulk containers:
(1) Flexible intermediate bulk containers consist of a body
constructed of film, woven plastic, woven fabric, paper, or combination
thereof, together with any appropriate service equipment and handling
devices, and if necessary, an inner coating or liner.
(2) Woven plastic means a material made from stretched tapes or
monofilaments.
(3) Handling device means any sling, loop, eye, or frame attached
to the body of the intermediate bulk container or formed from a
continuation of the intermediate bulk container body material.
(c) Construction requirements for flexible intermediate bulk
containers are as follows:
(1) The strength of the material and the construction of the
flexible intermediate bulk container must be appropriate to its
capacity and its intended use.
(2) All materials used in the construction of flexible intermediate
bulk containers of types 13M1 and 13M2 must, after complete immersion
in water for not less than 24 hours, retain at least 85 percent of the
tensile strength as measured originally on the material conditioned to
equilibrium at 67 percent relative humidity or less.
(3) Seams must be stitched or formed by heat sealing, gluing or any
equivalent method. All stitched seam-ends must be secured.
(4) In addition to conformance with the requirements of Sec. 173.24
of this subchapter, flexible intermediate bulk containers must be
resistant to aging and degradation caused by ultraviolet radiation.
(5) For plastic flexible intermediate bulk containers, if
necessary, protection against ultraviolet radiation must be provided by
the addition of pigments or inhibitors such as carbon black. These
additives must be compatible with the contents and remain effective
throughout the life of the inner receptacle. Where use is made of
carbon black, pigments, or inhibitors, other than those used in the
manufacture of the tested design type, retesting may be omitted if the
carbon black content, the pigment content or the inhibitor content does
not adversely affect the physical properties of the material of
construction. Additives may be included in the composition of the
plastic material to improve resistance to aging, provided they do not
adversely affect the physical or chemical properties of the material.
(6) No used material other than production residues or regrind from
the same manufacturing process may be used in the manufacture of
plastic flexible intermediate bulk containers. This does not preclude
the re-use of component parts such as fittings and pallet bases,
provided such components have not in any way been damaged in previous
use.
(7) When flexible intermediate bulk containers are filled, the
ratio of height to width may not be more than 2:1.
23. Subpart O is added to part 178 to read as follows:
Subpart O--Testing of Intermediate Bulk Containers
Sec.
178.800 Purpose and scope.
178.801 General requirements.
178.802 Preparation of fiberboard intermediate bulk containers for
testing.
178.803 Testing and certification of intermediate bulk containers.
178.810 Drop test.
178.811 Bottom lift test.
178.812 Top lift test.
178.813 Leakproofness test.
178.814 Hydrostatic pressure test.
178.815 Stacking test.
178.816 Topple test.
178.817 Righting test.
178.818 Tear test.
178.819 Vibration test.
Subpart O--Testing of Intermediate Bulk Containers
Sec. 178.800 Purpose and scope.
This subpart prescribes certain testing requirements for
intermediate bulk containers identified in subpart N of this part.
Sec. 178.801 General requirements.
(a) General. The test procedures prescribed in this subpart are
intended to ensure that intermediate bulk containers containing
hazardous materials can withstand normal conditions of transportation
and are considered minimum requirements. Each packaging must be
manufactured and assembled so as to be capable of successfully passing
the prescribed tests and of conforming to the requirements of
Sec. 173.24 of this subchapter at all times while in transportation.
(b) Responsibility. It is the responsibility of the intermediate
bulk container manufacturer, the person certifying compliance with
subparts N and O of this part, and the person who offers a hazardous
material for transportation (to the extent that assembly functions,
including final closure, are performed by the offeror), to assure that
each intermediate bulk container is capable of passing the prescribed
tests.
(c) Definitions. For the purpose of this subpart:
(1) Intermediate bulk container design type refers to intermediate
bulk container which does not differ in structural design, size,
material of construction, wall thickness, manner of construction and
representative service equipment.
(2) Design qualification testing is the performance of the drop,
leakproofness, hydrostatic pressure, stacking, bottom-lift or top-lift,
tear, topple, righting and vibration tests, as applicable, prescribed
in this subpart, for each different intermediate bulk container design
type, at the start of production of that packaging.
(3) Periodic design requalification test is the performance of the
applicable tests specified in paragraph (c)(2) of this section on an
intermediate bulk container design type, in order to requalify the
design for continued production at the frequency specified in paragraph
(e) of this section.
(4) Production inspection is the inspection that must initially be
conducted on each newly manufactured intermediate bulk container.
(5) Production testing is the performance of the leakproofness test
in accordance with paragraph (f) of this section on each intermediate
bulk container intended to contain solids discharged by pressure or
intended to contain liquids.
(6) Periodic retest and inspection is performance of the applicable
test and inspections on each intermediate bulk container at the
frequency specified in Sec. 180.352 of this subchapter.
(7) Different intermediate bulk container design type is one that
differs from a previously qualified intermediate bulk container design
type in structural design, size, material of construction, wall
thickness, or manner of construction, but does not include:
(i) A packaging which differs in surface treatment;
(ii) A rigid plastic intermediate bulk container or composite
intermediate bulk container which differs with regard to additives used
to comply with Secs. 178.706(c), 178.707(c) or 178.710(c);
(iii) A packaging which differs only in its lesser external
dimensions (i.e., height, width, length) provided materials of
construction and material thicknesses or fabric weight remain the same;
(iv) A packaging which differs in service equipment.
(d) Design qualification testing. The packaging manufacturer shall
achieve successful test results for the design qualification testing at
the start of production of each new or different intermediate bulk
container design type. The service equipment selected for this design
qualification testing shall be representative of the type of service
equipment that will be fitted to any finished intermediate bulk
container body under the design. Application of the certification mark
by the manufacturer shall constitute certification that the
intermediate bulk container design type passed the prescribed tests in
this subpart.
(e) Periodic design requalification testing. (1) Periodic design
requalification must be conducted on each qualified intermediate bulk
container design type if the manufacturer is to maintain authorization
for continued production. The intermediate bulk container manufacturer
shall achieve successful test results for the periodic design
requalification at sufficient frequency to ensure each packaging
produced by the manufacturer is capable of passing the design
qualification tests. Design requalification tests must be conducted at
least once every 12 months.
(2) Changes in the frequency of design requalification testing
specified in paragraph (e)(1) of this section are authorized if
approved by the Associate Administrator for Hazardous Materials Safety.
These requests must be based on:
(i) Detailed quality assurance programs that assure that proposed
decreases in test frequency maintain the integrity of originally tested
intermediate bulk container design types; and
(ii) Demonstrations that each intermediate bulk container produced
is capable of withstanding higher standards (e.g., increased drop
height, hydrostatic pressure, wall thickness, fabric weight).
(f) Production testing and inspection. (1) Production testing
consists of the leakproofness test prescribed in Sec. 178.813 of this
subpart and must be performed on each intermediate bulk container
intended to contain solids discharged by pressure or intended to
contain liquids. For this test:
(i) The intermediate bulk container need not have its closures
fitted.
(ii) The inner receptacle of a composite intermediate bulk
container may be tested without the outer intermediate bulk container
body, provided the test results are not affected.
(2) Applicable inspection requirements in Sec. 180.352 of this
subchapter must be performed on each intermediate bulk container
initially after production.
(g) Test samples. The intermediate bulk container manufacturer
shall conduct the design qualification and periodic design
requalification tests prescribed in this subpart using random samples
of intermediate bulk containers, according to the appropriate test
section.
(h) Selective testing of intermediate bulk containers. Variation of
a tested intermediate bulk container design type is permitted without
further testing, provided selective testing demonstrates an equivalent
or greater level of safety than the design type tested and which has
been approved by the Associate Administrator for Hazardous Materials
Safety.
(i) Approval of equivalent packagings. An intermediate bulk
container which differs from the standards in subpart N of this part,
or which is tested using methods other than those specified in this
subpart, may be used if approved by the Associate Administrator for
Hazardous Materials Safety. Such intermediate bulk containers must be
shown to be equally effective, and testing methods used must be
equivalent.
(j) Proof of compliance. Notwithstanding the periodic design
requalification testing intervals specified in paragraph (e) of this
section, the Associate Administrator for Hazardous Materials Safety, or
a designated representative, may at any time require demonstration of
compliance by a manufacturer, through testing in accordance with this
subpart, that packagings meet the requirements of this subpart. As
required by the Associate Administrator for Hazardous Materials Safety,
or a designated representative, the manufacturer shall either:
(1) Conduct performance tests or have tests conducted by an
independent testing facility, in accordance with this subpart; or
(2) Make a sample intermediate bulk container available to the
Associate Administrator for Hazardous Materials Safety, or a designated
representative, for testing in accordance with this subpart.
(k) Coatings. If an inner treatment or coating of an intermediate
bulk container is required for safety reasons, the manufacturer shall
design the intermediate bulk container so that the treatment or coating
retains its protective properties even after withstanding the tests
prescribed by this subpart.
(l) Record retention. (1) The person who certifies an intermediate
bulk container design type shall keep records of design qualification
tests for each intermediate bulk container design type and for each
periodic design requalification as specified in this part. These
records must be maintained at each location where the intermediate bulk
container is manufactured and at each location where design
qualification and periodic design requalification testing is performed.
These records must be maintained for as long as intermediate bulk
containers are manufactured in accordance with each qualified design
type and for at least 2.5 years thereafter. These records must include
the following information: name and address of test facility; name and
address of the person certifying the intermediate bulk container; a
unique test report identification; date of test report; manufacturer of
the intermediate bulk container; description of the intermediate bulk
container design type (e.g., dimensions, materials, closures,
thickness, representative service equipment, etc.); maximum
intermediate bulk container capacity; characteristics of test contents;
test descriptions and results (including drop heights, hydrostatic
pressures, tear propagation length, etc.). Each test report must be
signed with the name of the person conducting the test, and name of the
person responsible for testing.
(2) The person who certifies each intermediate bulk container must
make all records of design qualification tests and periodic design
requalification tests available for inspection by a representative of
the Department upon request.
Sec. 178.802 Preparation of fiberboard intermediate bulk containers
for testing.
(a) Fiberboard intermediate bulk containers and composite
intermediate bulk containers with fiberboard outer packagings must be
conditioned for at least 24 hours in an atmosphere maintained:
(1) At 50 percent 2 percent relative humidity, and at
a temperature of 23 deg. 2 deg.C (73 deg.F 4
deg.F); or
(2) At 65 percent 2 percent relative humidity, and at
a temperature of 20 deg. 2 deg.C (68 deg.F
4 deg.F), or 27 deg.C 2 deg.C (81 deg.F 4
deg.F).
(b) Average values for temperature and humidity must fall within
the limits in paragraph (a) of this section. Short-term fluctuations
and measurement limitations may cause individual measurements to vary
by up to 5 percent relative humidity without significant
impairment of test reproducibility.
(c) For purposes of periodic design requalification only,
fiberboard intermediate bulk containers or composite intermediate bulk
containers with fiberboard outer packagings may be at ambient
conditions.
Sec. 178.803 Testing and certification of intermediate bulk
containers.
Tests required for the certification of each intermediate bulk
container design type are specified in the following table. The letter
X indicates that one intermediate bulk container (except where noted)
of each design type must be subjected to the tests in the order
presented:
----------------------------------------------------------------------------------------------------------------
Intermediate bulk Rigid plastic Composite Fiber-board Flexible IBCs
container (IBC) type Metal IBCs IBCs IBCs IBCs Wooden IBCs
----------------------------------------------------------------------------------------------------------------
Vibration............. X X X X X X1,5
Bottom lift........... X\2\ X\2\ X\2\ X X
Top lift.............. X\2\ X\2\ X\2\ X2,5
Stacking.............. X X X X X X\5\
Leakproofness......... X\3\ X\3\ X\3\
Hydrostatic........... X\3\ X\3\ X\3\
Drop.................. X\4\ X\4\ X\4\ X\4\ X\4\ X\5\
Topple................ X\5\
Righting.............. X2,5
Tear.................. X\5\
----------------------------------------------------------------------------------------------------------------
Notes: 1. Flexible intermediate bulk containers must be capable of withstanding the vibration test.
2. Only if intermediate bulk containers are designed to be handled this way.
3. The leakproofness and hydrostatic pressure tests are required for intermediate bulk containers intended to
contain liquids or which are intended to contain solids loaded or discharged under pressure.
4. Another intermediate bulk container of the same design type may be used for the drop test set forth in Sec.
178.810.
5. A different flexible intermediate bulk container may be used for each test.
Sec. 178.810 Drop test.
(a) General. The drop test must be conducted for the qualification
of all intermediate bulk container design types and performed
periodically as specified in Sec. 178.801(e) of this subpart.
(b) Special preparation for the drop test. (1) Metal, rigid
plastic, and composite intermediate bulk containers intended to contain
solids must be filled to not less than 95 percent of their capacity, or
if intended to contain liquids, to not less than 98 percent of their
capacity. Pressure relief devices must be removed and their apertures
plugged or rendered inoperative.
(2) Fiberboard, wooden, and flexible intermediate bulk containers
must be filled with a solid material to not less than 95 percent of
their capacity.
(3) Rigid plastic intermediate bulk containers and composite
intermediate bulk containers with plastic inner receptacles must be
conditioned for testing by reducing the temperature of the packaging
and its contents to -18 deg.C (0 deg.F) or lower. Test liquids must
be kept in the liquid state. Anti-freeze should be used, if necessary.
(c) Test method. Samples of all intermediate bulk container design
types must be dropped onto a rigid, non-resilient, smooth, flat and
horizontal surface. The point of impact must be the most vulnerable
part of the base of the intermediate bulk container being tested.
Following the drop, the intermediate bulk container must be restored to
the upright position for observation.
(d) Drop height. (1) For all intermediate bulk containers, drop
heights are specified as follows:
(i) Packing Group I: 1.8 m (5.9 feet).
(ii) Packing Group II: 1.2 m (3.9 feet).
(iii) Packing Group III: 0.8 m (2.6 feet).
(2) Drop tests are to be performed with the solid or liquid to be
transported or with a non-hazardous material having essentially the
same physical characteristics.
(3) The specific gravity and viscosity of a substituted non-
hazardous material used in the drop test for liquids must be similar to
the hazardous material intended for transportation. Water also may be
used for the liquid drop test under the following conditions:
(i) Where the substances to be carried have a specific gravity not
exceeding 1.2, the drop heights must be those specified in paragraph
(d)(1) of this section for each intermediate bulk container design
type; and
(ii) Where the substances to be carried have a specific gravity
exceeding 1.2, the drop heights must be as follows:
(A) Packing Group I: SG x 1.5 m (4.9 feet).
(B) Packing Group II: SG x 1.0 m (3.3 feet).
(C) Packing Group III: SG x 0.67 m (2.2 feet).
(e) Criteria for passing the test. For all intermediate bulk
container design types there may be no loss of contents. A slight
discharge from a closure upon impact is not considered to be a failure
of the intermediate bulk container provided that no further leakage
occurs. A slight discharge (e.g., from closures or stitch holes) upon
impact is not considered a failure of the flexible intermediate bulk
container provided that no further leakage occurs after the
intermediate bulk container has been raised clear of the ground.
Sec. 178.811 Bottom lift test.
(a) General. The bottom lift test must be conducted for the
qualification of all intermediate bulk container design types designed
to be lifted from the base.
(b) Special preparation for the bottom lift test. The intermediate
bulk container must be loaded to 1.25 times its maximum permissible
gross mass, the load being evenly distributed.
(c) Test method. All intermediate bulk container design types must
be raised and lowered twice by a lift truck with the forks centrally
positioned and spaced at three quarters of the dimension of the side of
entry (unless the points of entry are fixed). The forks must penetrate
to three quarters of the direction of entry. The test must be repeated
from each possible direction of entry.
(d) Criteria for passing the test. For all intermediate bulk
container design types designed to be lifted from the base, there may
be no permanent deformation which renders the intermediate bulk
container unsafe for transportation and no loss of contents.
Sec. 178.812 Top lift test.
(a) General. The top lift test must be conducted for the
qualification of all intermediate bulk container design types designed
to be lifted from the top or, for flexible intermediate bulk
containers, from the side.
(b) Special preparation for the top lift test. (1) Metal, rigid
plastic, and composite intermediate bulk container design types must be
loaded to twice the maximum permissible gross mass.
(2) Flexible intermediate bulk container design types must be
filled to six times the maximum net mass, the load being evenly
distributed.
(c) Test method. (1) A metal or flexible intermediate bulk
container must be lifted in the manner for which it is designed until
clear of the floor and maintained in that position for a period of five
minutes. For flexible intermediate bulk container design types, other
methods of top lift testing and preparation at least equally effective
may be used (see Sec. 178.801(i)).
(2) Rigid plastic and composite intermediate bulk container design
types must be:
(i) Lifted by each pair of diagonally opposite lifting devices, so
that the hoisting forces are applied vertically, for a period of five
minutes; and
(ii) Lifted by each pair of diagonally opposite lifting devices, so
that the hoisting forces are applied towards the center at 45 deg. to
the vertical, for a period of five minutes.
(d) Criteria for passing the test. For all intermediate bulk
container design types designed to be lifted from the top, there may be
no permanent deformation which renders the intermediate bulk container,
including the base pallets when applicable, unsafe for transportation,
and no loss of contents.
Sec. 178.813 Leakproofness test.
(a) General. The leakproofness test must be conducted for the
qualification of all intermediate bulk container design types and on
all production units intended to contain liquids or intended to contain
solids that are loaded or discharged under pressure.
(b) Special preparation for the leakproofness test. Vented closures
must either be replaced by similar non-vented closures or the vent must
be sealed. For metal intermediate bulk container design types, the
initial test must be carried out before the fitting of any thermal
insulation equipment.
(c) Test method and pressure applied. The leakproofness test must
be carried out for a suitable length of time using air at a gauge
pressure of not less than 20 kPa (2.9 psig). Leakproofness of
intermediate bulk container design types must be determined by coating
the seams and joints with a heavy oil, a soap solution and water, or
other methods suitable for the purpose of detecting leaks. Other
methods, if at least equally effective, may be used in accordance with
Appendix B of this part, or if approved by the Associate Administrator
for Hazardous Materials Safety, as provided in Sec. 178.801(i)).
(d) Criterion for passing the test. For all intermediate bulk
container design types intended to contain liquids or intended to
contain solids that are loaded or discharged under pressure, there may
be no leakage of air from the intermediate bulk container.
Sec. 178.814 Hydrostatic pressure test.
(a) General. The hydrostatic pressure test must be conducted for
the qualification of all metal, rigid plastic, and composite
intermediate bulk container design types intended to contain liquids or
intended to contain solids loaded or discharged under pressure.
(b) Special preparation for the hydrostatic pressure test. For
metal intermediate bulk containers, the test must be carried out before
the fitting of any thermal insulation equipment. For all intermediate
bulk containers, pressure relief devices and vented closures must be
removed and their apertures plugged or rendered inoperative.
(c) Test method. Hydrostatic gauge pressure must be measured at the
top of the intermediate bulk container. The test must be carried out
for a period of at least 10 minutes applying a hydrostatic gauge
pressure not less than that indicated in paragraph (d) of this section.
The intermediate bulk containers may not be mechanically restrained
during the test.
(d) Hydrostatic gauge pressure applied. (1) For metal intermediate
bulk container design types, 31A, 31B, 31N: 65 kPa gauge pressure (9.4
psig).
(2) For metal intermediate bulk container design types 21A, 21B,
21N, 31A, 31B, 31N: 200 kPa (29 psig). For metal intermediate bulk
container design types 31A, 31B and 31N, the tests in paragraphs (d)(1)
and (d)(2) of this section must be conducted consecutively.
(3) For metal intermediate bulk containers design types 21A, 21B,
and 21N, for Packing Group I solids: 250 kPa (36 psig) gauge pressure.
(4) For rigid plastic intermediate bulk container design types 21H1
and 21H2 and composite intermediate bulk container design types 21HZ1
and 21HZ2: 75 kPa (11 psig).
(5) For rigid plastic intermediate bulk container design types 31H1
and 31H2 and composite intermediate bulk container design types 31HZ1
and 31HZ2: whichever is the greater of:
(i) The pressure determined by any one of the following methods:
(A) The gauge pressure (pressure in the intermediate bulk container
above ambient atmospheric pressure) measured in the intermediate bulk
container at 55 deg.C (131 deg.F) multiplied by a safety factor of
1.5. This pressure must be determined on the basis of the intermediate
bulk container being filled and closed to no more than 98 percent
capacity at 15 deg.C (60 deg.F);
(B) If absolute pressure (vapor pressure of the hazardous material
plus atmospheric pressure) is used, 1.5 multiplied by the vapor
pressure of the hazardous material at 55 deg.C (131 deg.F) minus 100
kPa (14.5 psi). If this method is chosen, the hydrostatic test pressure
applied must be at least 100 kPa gauge pressure (14.5 psig); or
(C) If absolute pressure (vapor pressure of the hazardous material
plus atmospheric pressure) is used, 1.75 multiplied by the vapor
pressure of the hazardous material at 50 deg.C (122 deg.F) minus 100
kPa (14.5 psi). If this method is chosen, the hydrostatic test pressure
applied must be at least 100 kPa gauge pressure (14.5 psig); or
(ii) Twice the greater of: (A) The static pressure of the hazardous
material on the bottom of the intermediate bulk container filled to 98
percent capacity; or
(B) The static pressure of water on the bottom of the intermediate
bulk container filled to 98 percent capacity.
(e) Criteria for passing the test(s). (1) For metal intermediate
bulk containers, subjected to the 65 kPa (9.4 psig) test pressure
specified in paragraph (d)(1) of this section, there may be no leakage
or permanent deformation that would make the intermediate bulk
container unsafe for transportation.
(2) For metal intermediate bulk containers intended to contain
liquids, when subjected to the 200 kPa (29 psig) and the 250 kPa (36
psig) test pressures specified in paragraphs (d)(2) and (d)(3) of this
section, respectively, there may be no leakage.
(3) For rigid plastic intermediate bulk container types 21H1, 21H2,
31H1, and 31H2, and composite intermediate bulk container types 21HZ1,
21HZ2, 31HZ1, and 31HZ2, there may be no leakage and no permanent
deformation which renders the intermediate bulk container unsafe for
transportation.
Sec. 178.815 Stacking test.
(a) General. The stacking test must be conducted for the
qualification of all intermediate bulk container design types intended
to be stacked.
(b) Special preparation for the stacking test. (1) All intermediate
bulk containers except flexible intermediate bulk container design
types must be loaded to their maximum permissible gross mass.
(2) The flexible intermediate bulk container must be filled to not
less than 95 percent of its capacity and to its maximum net mass, with
the load being evenly distributed.
(c) Test method. (1) All intermediate bulk containers must be
placed on their base on level, hard ground and subjected to a uniformly
distributed superimposed test load for a period of at least five
minutes (see paragraph (d) of this section).
(2) Fiberboard, wooden, and composite intermediate bulk containers
with outer packagings constructed of other than plastic materials must
be subjected to the test for 24 hours.
(3) Rigid plastic intermediate bulk container types and composite
intermediate bulk container types with plastic outer packagings (11HH1,
11HH2, 21HH1, 21HH2, 31HH1 and 31HH2) must be subjected to the test for
28 days at 40 deg.C (104 deg.F).
(4) For all intermediate bulk containers, the load must be applied
by one of the following methods:
(i) One or more intermediate bulk containers of the same type
loaded to their maximum permissible gross mass and stacked on the test
intermediate bulk container; or
(ii) The calculated superimposed test load weight loaded on either
a flat plate or a reproduction of the base of the intermediate bulk
container, which is stacked on the test intermediate bulk container.
(d) Calculation of superimposed test load. For all intermediate
bulk containers, the load to be placed on the intermediate bulk
container must be 1.8 times the combined maximum permissible gross mass
of the number of similar intermediate bulk containers that may be
stacked on top of the intermediate bulk container during
transportation.
(e) Criteria for passing the test. (1) For metal, rigid plastic,
and composite intermediate bulk containers there may be no permanent
deformation which renders the intermediate bulk container unsafe for
transportation and no loss of contents.
(2) For fiberboard and wooden intermediate bulk containers there
may be no loss of contents and no permanent deformation which renders
the whole intermediate bulk container, including the base pallet,
unsafe for transportation.
(3) For flexible intermediate bulk containers, there may be no
deterioration which renders the intermediate bulk container unsafe for
transportation and no loss of contents.
Sec. 178.816 Topple test.
(a) General. The topple test must be conducted for the
qualification of all flexible intermediate bulk container design types.
(b) Special preparation for the topple test. The flexible
intermediate bulk container must be filled to not less than 95 percent
of its capacity and to its maximum net mass, with the load being evenly
distributed.
(c) Test method. A flexible intermediate bulk container must be
toppled onto any part of its top upon a rigid, non-resilient, smooth,
flat, and horizontal surface.
(d) Topple height. For all flexible intermediate bulk containers,
the topple height is specified as follows:
(1) Packing Group I: 1.8 m (5.9 feet).
(2) Packing Group II: 1.2 m (3.9 feet).
(3) Packing Group III: 0.8 m (2.6 feet).
(e) Criteria for passing the test. For all flexible intermediate
bulk containers, there may be no loss of contents. A slight discharge
(e.g., from closures or stitch holes) upon impact is not considered to
be a failure, provided no further leakage occurs.
Sec. 178.817 Righting test.
(a) General. The righting test must be conducted for the
qualification of all flexible intermediate bulk containers designed to
be lifted from the top or side.
(b) Special preparation for the righting test. The flexible
intermediate bulk container must be filled to not less than 95 percent
of its capacity and to its maximum net mass, with the load being evenly
distributed.
(c) Test method. The flexible intermediate bulk container, lying on
its side, must be lifted at a speed of at least 0.1 m/second (0.33 ft/
s) to an upright position, clear of the floor, by one lifting device,
or by two lifting devices when four are provided.
(d) Criterion for passing the test. For all flexible intermediate
bulk containers, there may be no damage to the intermediate bulk
container or its lifting devices which renders the intermediate bulk
container unsafe for transportation or handling.
Sec. 178.818 Tear test.
(a) General. The tear test must be conducted for the qualification
of all flexible intermediate bulk container design types.
(b) Special preparation for the tear test. The flexible
intermediate bulk container must be filled to not less than 95 percent
of its capacity and to its maximum net mass, the load being evenly
distributed.
(c) Test method. Once the intermediate bulk container is placed on
the ground, a 100-mm (4-inch) knife score, completely penetrating the
wall of a wide face, is made at a 45 deg. angle to the principal axis
of the intermediate bulk container, halfway between the bottom surface
and the top level of the contents. The intermediate bulk container must
then be subjected to a uniformly distributed superimposed load
equivalent to twice the maximum net mass. The load must be applied for
at least five minutes. An intermediate bulk container which is designed
to be lifted from the top or the side must, after removal of the
superimposed load, be lifted clear of the floor and maintained in that
position for a period of five minutes.
(d) Criterion for passing the test. The intermediate bulk container
passes the tear test if the cut does not propagate more than 25 percent
of its original length.
Sec. 178.819 Vibration test.
(a) General. The vibration test must be conducted for the
qualification of all rigid intermediate bulk container design types.
Flexible intermediate bulk container design types must be capable of
withstanding the vibration test.
(b) Test method. (1) A sample intermediate bulk container, selected
at random, must be filled and closed as for shipment.
(2) The sample intermediate bulk container must be placed on a
vibrating platform that has a vertical double-amplitude (peak-to-peak
displacement) of one inch. The intermediate bulk container must be
constrained horizontally to prevent it from falling off the platform,
but must be left free to move vertically, bounce and rotate.
(3) The test must be performed for one hour at a frequency that
causes the package to be raised from the vibrating platform to such a
degree that a piece of material of approximately 1.6-mm (0.063-inch)
thickness (such as steel strapping or paperboard) can be passed between
the bottom of the intermediate bulk container and the platform. Other
methods at least equally effective may be used (see Sec. 178.801(i)).
(c) Criteria for passing the test. An intermediate bulk container
passes the vibration test if there is no rupture or leakage.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
24. The authority citation for part 180 continues to read as
follows:
Authority: 49 App. U.S.C. 1803; 49 CFR part 1.
25. A new Subpart D is added to part 180 to read as follows:
Subpart D--Qualification and Maintenance of Intermediate Bulk
Containers
Sec.
180.350 Applicability.
180.351 Qualification of intermediate bulk containers.
180.352 Requirements for retest and inspection of intermediate bulk
containers.
Subpart D--Qualification and Maintenance of Intermediate Bulk
Containers
Sec. 180.350 Applicability.
This subpart prescribes requirements, in addition to those
contained in parts 107, 171, 172, 173, and 178 of this chapter,
applicable to any person responsible for the continuing qualification,
maintenance, or periodic retesting of an intermediate bulk container.
Sec. 180.351 Qualification of intermediate bulk containers.
(a) General. Each intermediate bulk container used for the
transportation of hazardous materials must be an authorized packaging.
(b) Intermediate bulk container specifications. To qualify as an
authorized packaging, each intermediate bulk container must conform to
this subpart, the applicable requirements specified in part 173 of this
subchapter, and the applicable requirements of subparts N and O of part
178 of this subchapter.
Sec. 180.352 Requirements for retest and inspection of intermediate
bulk containers.
(a) General. Each intermediate bulk container constructed in
accordance with a UN standard for which a test or inspection specified
in paragraphs (b)(1), (b)(2) and (b)(3) of this section is required may
not be filled and offered for transportation or transported until the
test or inspection has been successfully completed. This paragraph does
not apply to any intermediate bulk container filled prior to the test
or inspection due date. The requirements in this section do not apply
to DOT 56 and 57 portable tanks.
(b) Test and inspections for metal, rigid plastic, and composite
intermediate bulk containers. Each intermediate bulk container is
subject to the following test and inspections:
(1) The leakproofness test prescribed in Sec. 178.813 of this
subchapter must be conducted every 2.5 years starting from the date of
manufacture marked on each intermediate bulk container intended to
contain liquids or intended to contain solids that are loaded or
discharged under pressure.
(2) An external visual inspection must be conducted initially after
production and every 2.5 years starting from the date of manufacture on
each intermediate bulk container to ensure that:
(i) The intermediate bulk container is marked in accordance with
requirements in Sec. 178.703 of this subchapter. Missing or damaged
markings, or markings difficult to read must be restored or returned to
original condition.
(ii) Service equipment is fully functional and free from damage
which may cause failure. Missing, broken, or damaged parts must be
repaired or replaced.
(iii) The intermediate bulk container, including the outer
packaging if applicable, is free from damage which reduces its
structural integrity. The intermediate bulk container must be
externally inspected for cracks, warpage, corrosion or any other damage
which might render the intermediate bulk container unsafe for
transportation. An intermediate bulk container found with such defects
must be removed from service. The inner receptacle of a composite
intermediate bulk container must be removed from the outer intermediate
bulk container body for inspection unless the inner receptacle is
bonded to the outer body or unless the outer body is constructed in
such a way (e.g., a welded or riveted cage) that removal of the inner
receptacle is not possible without impairing the integrity of the outer
body. Defective inner receptacles must be replaced with a receptacle
meeting the design type of the intermediate bulk container or the
entire intermediate bulk container must be replaced. For metal
intermediate bulk containers, thermal insulation must be removed to the
extent necessary for proper examination of the intermediate bulk
container body.
(3) Each metal intermediate bulk container must be internally
inspected at least every five years to ensure that the intermediate
bulk container is free from damage which might reduce its structural
integrity.
(i) The intermediate bulk container must be internally inspected
for cracks, warpage, and corrosion or any other defect that might
render the intermediate bulk container unsafe for transportation. An
intermediate bulk container found with such defects must be removed
from hazardous materials service until restored to the original design
type of the intermediate bulk container.
(ii) Metal intermediate bulk containers must be inspected to ensure
the minimum wall thickness requirements in Sec. 178.705(c)(1)(iv)(A) of
this subchapter are met. Metal intermediate bulk containers not
conforming to minimum wall thickness requirements must be removed from
hazardous materials service.
(c) Initial visual inspection for flexible, fiberboard, or wooden
intermediate bulk containers. Each intermediate bulk container must be
visually inspected prior to first use, by the person who places
hazardous materials in the intermediate bulk container, to ensure that:
(1) The intermediate bulk container is marked in accordance with
requirements in Sec. 178.703 of this subchapter. Additional marking
allowed for each design type may be present. Required markings that are
missing, damaged or difficult to read must be restored or returned to
original condition.
(2) Proper construction and design specifications have been met.
(i) Each flexible intermediate bulk container must be inspected to
ensure that:
(A) Lifting straps if used, are securely fastened to the
intermediate bulk container in accordance with the design type.
(B) Seams are free from defects in stitching, heat sealing or
gluing which would render the intermediate bulk container unsafe for
transportation of hazardous materials. All stitched seam-ends must be
secure.
(C) Fabric used to construct the intermediate bulk container is
free from cuts, tears and punctures. Additionally, fabric must be free
from scoring which may render the intermediate bulk container unsafe
for transport.
(ii) Each fiberboard intermediate bulk container must be inspected
to ensure that:
(A) Fluting or corrugated fiberboard is firmly glued to facings.
(B) Seams are creased and free from scoring, cuts, and scratches.
(C) Joints are appropriately overlapped and glued, stitched, taped
or stapled as prescribed by the design. Where staples are used, the
joints must be inspected for protruding staple-ends which could
puncture or abrade the inner liner. All such ends must be protected
before the intermediate bulk container is authorized for hazardous
materials service.
(iii) Each wooden intermediate bulk container must be inspected to
ensure that:
(A) End joints are secured in the manner prescribed by the design.
(B) Intermediate bulk container walls are free from defects in
wood. Inner protrusions which could puncture or abrade the liner must
be covered.
(d) Retest date. The date of the most recent periodic retest must
be marked as provided in Sec. 178.703(b) of this subchapter.
(e) Record retention. The intermediate bulk container owner or
lessee shall keep records of periodic retests and initial and periodic
inspections. Records must include design types and packaging
specifications, test and inspection dates, name and address of test and
inspection facilities, names or name of any persons conducting tests or
inspections, and test or inspection specifics and results. Records must
be kept for each packaging at each location where periodic tests are
conducted, until such tests are successfully performed again or for at
least 2.5 years from the date of the last test. These records must be
made available for inspection by a representative of the Department on
request.
Issued in Washington, DC on July 1, 1994 under authority
delegated in 49 CFR Part 1.
Ana Sol Gutierrez,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 94-16673 Filed 7-25-94; 8:45 am]
BILLING CODE 4910-60-P