Interpretation Response #15-0047 ([Columbus Chemical Industries] [Ms. Laura Buholca])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Columbus Chemical Industries
Individual Name: Ms. Laura Buholca
Location State: WI Country: US
View the Interpretation Document
Response text:
September 10, 2015
Ms. Laura Buholca
Technical Manager
Columbus Chemical Industries
N4335 Tempkin Road
Columbus, WI 53925
Ref. No. 15-0047
Dear Ms. Buholca:
This responds to your March 12, 2015 email requesting clarification on the recertification requirements for intermediate bulk containers (IBCs) under §§ 180.350 and 180.352 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if recertification is required every 2.5 years starting from the date of manufacture or the date of first fill.
In your letter, you state that it is your understanding that recertification must take place 2.5 years from date of manufacture; however, you have received feedback from colleagues that it is required 2.5 years after the date of first fill. Additionally, it is your understanding that the inner container (liners) must be replaced some period of time after the date of manufacture (as identified by the manufacturer), not after the first fill.
Your understanding is correct. The retest and inspection periods are based on the date of manufacture, not the date of first fill. Specifically, § 180.352 requires that retests and inspections be performed on IBCs based on the date of manufacture or the date of repair in accordance with paragraphs (b) and (d) of this section. However, in accordance with § 180.350(c)(2), routine maintenance on plastics or textile flexible IBCs is the routine performance of operations such as: (1) cleaning; or (2) replacement of non-integral components, such as non-integral liners and closure ties, with components conforming to the original manufacturer's specification; provided that these operations do not adversely affect the containment function of the flexible IBC or alter the design type. Therefore, for non-integral liners, you may rely on the manufacturer's guidance for replacement timeframes.
I hope this answers your inquiry. If you need additional assistance, please call this Office at 202-366-8553.
Sincerely,
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
180.350, 180.352, 180.350(c)(2)