Interpretation Response #19-0027
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Liewellyn (Safety Advisors) Europe Ltd.
Individual Name: Darren Edwards
Location State: Northamptonshire Country: GB
View the Interpretation Document
Response text:
May 31, 2019
Darren Edwards
Llewellyn (Safety Advisors) Europe Ltd.
Evelyn House Business Centre
38 Broad Green
NN8 4LH Wellingborough
Northamptonshire, England
Reference No. 19-0027
Dear Mr. Edwards:
This letter is in response to your January 7, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to intermediate bulk containers (IBCs). Specifically, you ask why the HMR do not limit the use of plastic IBCs to a five-year period, in accordance with the United Nations (UN) Model regulations.
A final rule titled "Intermediate Bulk Containers for Hazardous Materials" published July 26, 1994 (HM-181E; 59 FR 38040), adopted requirements for the construction, maintenance, and use of IBCs based on standards outlined in the UN Recommendations on the Transport of Dangerous Goods — Model Regulations. The Research and Special Programs Administration (RSPA), the predecessor agency to PHMSA, received comments in opposition to the proposed five-year period of use (i.e., a five-year service life) for rigid plastic IBCs and plastic inner receptacles for composite IBCs. Additionally, another commenter indicated the action was inappropriate without input from industry regarding what constitutes a suitable service life for plastic IBCs consistent with the approach taken for plastic non-bulk packaging. RSPA agreed with the commenters and did not adopt the proposed five-year service life for plastic IBCs in the HMR.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division