Interpretation Response #10-0128R ([Aleris International, Inc] [Mr. Kenneth J. Willings])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Aleris International, Inc
Individual Name: Mr. Kenneth J. Willings
Location State: OH Country: US
View the Interpretation Document
Response text:
July 20, 2011
Mr. Kenneth J. Willings
Senior Vice President, Health, Safety and Environmental
Aleris International, Inc.
25825 Science Par Drive, Suite 400
Beachwood, Ohio 44122-7392
Ref. No. 10-0128R
Dear Mr. Willings:
This responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification on the applicability of § 172.102 special provisions when transporting "Aluminum smelting by-products or Aluminum re-melting by-products, 4.3, UN3170."
In your letter, you state that these materials are transported off-site using bulk packagings such as, rail cars, highway trailers or roll-off bins, in accordance with bulk packaging Special provision B115. You further state that some of this material is loaded into intermediate bulk containers (IBCs) that comply with Special provisions IP4, IB8, and §§ 173.241 and 173.242. You ask whether the IBC must also comply with Special provisions IP4, IB8, and §§ 173.241 and 173.242 when the IBC is placed into an outer container that complies with bulk packaging Special provision B115.
The answer is yes. An IBC shipment must meet the applicable Special provisions IP4, IB8, and the requirements in §§ 173.241 and 173.242 even if the IBC is placed into an outer "bulk" container that meets Special provision B115.
I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.
Sincerely,
Charles E. Betts
Director, Standards and Rulemaking Division
Office of Hazardous Materials Standards
172.102 SP B115, IP4 and, IB8, 173.241, 173.242