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Interpretation Response #13-0093 ([Triumvirates Environmental] [Mr. Patrick Hallinean])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Triumvirates Environmental

Individual Name: Mr. Patrick Hallinean

Location State: MA Country: US

View the Interpretation Document

Response text:

August 13, 2013


Patrick Hallinean, CHMM
Regional Niche Manager
Triumvirates Environmental
200 Inner Belt Road
Sommerville, MA  02143

Reference No. 13-0093

Dear Mr. Hallinean:

This is in response to your May 1, 2013 e-mail requesting clarification on whether inner packages of Class 8 (corrosive) material may be placed inside of a flexible intermediate bulk container (IBC) and placed in transportation under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You state your company would like to place caustic waste stream material in 1.8 liter containers and then place these containers along with sufficient cushioning to prevent significant movement inside a UN 13H4 woven plastic, coated flexible IBC with a liner.

The HMR do not authorize IBCs to contain inner packagings.  However, the Pipeline and Hazardous Materials Safety Administration (PHMSA) does permit holders and parties to Department of Transportation Special Permit DOT-SP 12296 to use a UN 13H4 packaging as the outer packaging of lab pack waste hazardous materials provided the completed package meets the following conditions:

• The inner packagings of waste hazardous material conform to § 173.12(b)(2)(i);
• The inner packagings contain only hazard classes or divisions:  3 (flammable liquid), 4.1 (flammable solid), 4.2 (spontaneously combustible), 4.3 (dangerous when wet), 5.1 (oxidizer), 6.1 (poisonous), 8 (corrosive), and 9 (miscellaneous) waste hazardous material Packing Group (PG) I, II, or III materials that meet the following;
• The liner of the IBC must be a combination of multiple layers of encapsulated corrugation between inner and outer layers of woven coated polypropylene, with an inner 6 mil thick liner of polyethylene;
• The package must satisfactorily pass the performance tests prescribed in 49 CFR Part 178, Subpart O at the PG II performance level while loaded to 205 kg (452 pounds) and filled to 95% of its total capacity with solid material;
• The gross weight of the package must not exceed 205 kg; and
• Each packaging must be marked with the name of the manufacturer and location (city and state) of the facility where it is manufactured, or marked with a registration symbol designated by the Office of Hazardous Materials’ Approvals and Permits Division for that specific manufacturing facility.

In addition, this packaging is limited to motor vehicle and domestic cargo vessel transportation only.  

You also ask if your company may apply the requirements prescribed in § 178.955(g)(1) for a UN 51 flexible standard Large Packaging to a UN 13H4 packaging.  The answer is no.  Section 178.955(g)(1) permits Large Packagings to contain inner packagings of equivalent or similar design to those it was originally performance tested with provided these inner packagings meet specific design, performance, and packing criteria, such as § 173.36(b)(2) which states only flexible inner packagings may be used in UN 51H Flexible Large Packagings.  However, you may wish to apply to PHMSA for permission to use the packaging under the terms of a special permit.  To apply, you must submit an application to the Associate Administrator for Hazardous Materials Safety that conforms with the requirements prescribed in 49 CFR Part 107, Subpart B.  In your application, you must provide justification that the packaging method you are considering achieves a level of safety that is equal to or greater than that required under the HMR.  You may obtain information on the special permit and approvals applications process from our website at, or by calling PHMSA’s Approvals and Permits Division at (202) 366-4511.  

I hope this satisfies your request.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.12, 173.36

Regulation Sections

Section Subject
173.12 Exceptions for shipment of waste materials
178.955 General requirements