September 16, 2015
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) responded to a request for clarification from Columbus Chemical Industries (“CCI”) in a September 10th letter addressing the recertification requirements for intermediate bulk containers (“IBCs”) under §§ 180.350 and 180.352 of the federal Hazardous Materials Regulations.
CCI had asked in a March 12th letter whether recertification is required every 2.5 years starting from the date of manufacture or the date of first fill.
The request for clarification from CCI stated their understanding that recertification must take place 2.5 years from date of manufacture. However, the company had apparently received information from another source that it was required 2.5 years after the date of first fill. CCI had also understood 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.
PHMSA includes in the September 10th letter that CCI’s understanding is correct. The agency notes:
…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 specifications; 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.
Click here to download a copy of the letter.
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