of RCRA.

§§ 265.5-265.9 (Reserved) Subpart B-General Facility Standards § 265.10 Applicability The regulations in this Subpart apply to owners and operators of all hazardous waste facilities, except as $ 265.1 provides otherwise. $ 265.11 Identification number. Every facility owner or operator must apply to EPA for an EPA identification number in accordance with the EPA notification procedures (45 FR 12748). § 265.12 Required notices. Unterim final) (a) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the Regional Administrator in writing at least four weeks in advance of the date of the waste is expected to arrive at the facility. Notice,of subsequent shipments of the same waste from the same foreign source is not required. (b) Before transferring ownership or operation of a facility during its operating life. or of a disposal facility during the post-closure care period. the owner or operator must notify the new owner or operator in writing of the requirements of this Part and Part 270 of this Chapter. (Also see $270.72 of this Chapter.) [265.12(b) amended by 48 FR 14153, April 1, 1983] [Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of this Part in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.] $ 265.13 General waste analysis. (a)(1) Before an owner or operator treats, stores, or disposes of any hazardous waste. he must obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum. this analysis must contain all the information which must be known to treat, store. or dispose of the waste in accordance with the requirements of this Part. (2) The analysis may include data developed under Part 261 of this Chapter. and existing published or documented data on the hazardous waste or on waste generated from similar processes. [Comment: For example. the facility's record of analyses performed on the waste before the effective date of these regulations. or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (a)(1) of this Section. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part or all of the information required by paragraph (a)(1) of this Section. If the generator does not supply the information. and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this Section.] (3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis must be repeated: (i) When the owner or operator is notified. or has reason to believe, that the process or operation generating the hazardous waste has changed: and (ii) For off-site facilities, when the results of the inspection required in paragraph (a)(4) of this Section indicate that the hazardous waste received at the (Sec. 265.13(a)(3)(ii)] ANEJO B7 Characteristic of reactivity 161:1856 Anejo B7 FEDERAL REGULATIONS listed in accordance with these criteria will be designated Acute Hazardous Waste.) (3) It contains any of the toxic constituents listed in Appendix VIII unless, after considering any of the following factors. the Administrator concludes that the waste is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated. stored, transported or disposed of, or otherwise managed: (i) The nature of the toxicity presented by the constituent. (ii) The concentration of the constituent in the waste. (iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (a){3}(vii) of this section. (iv) The persistence of the constituent or any toxic degradation product of the constituent (v) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation. (vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems. (vii) The plausible types of improper management to which the waste could be subjected. (viii) The quantities of the waste generated at individual generation sites or on a regional or national basis. (ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent. (x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent. (xi) Such other factors as may be appropriate. Substances will be listed on Appendix VIII only if they have been shown in scientific studies to have toxic. carcinogenic. mutagenic or teratogenic effects on humans or other life forms. (Wastes listed in accordance with these criteria will be designated Toxic wastes.) (b) The Administrator may list classes or types of solid waste as hazardous waste if he has reason to believe that individual wastes, within the class or type of waste. typically or frequently are hazardous under the definition of hazardous waste found in Section 1004(5) of the Act. (c) The Administrator will use the criteria for listing specified in this section to establish the exclusion limits referred to in § 261.5(c). Subpart C-Characteristics of Hazardous Waste § 261.20 General. (a) A solid waste, as defined in $ 261.2, which is not excluded from regulation as a hazardous waste under $ 261.4(b). is a hazardous waste if it exhibits any of the characteristics identified in this Subpart. [Comment: § 262.11 of this Chapter sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this Subpart] (b) A hazardous waste which is identified by a characteristic in this subpart. but is not listed as a bazardous waste in Subpart D. is assigned the EPA Hazardous Waste Number set forth in the respective characteristic in this Subpart. This number must be used in complying with the notification requirements of Section 3010 of the Act and certain recordkeeping and reporting requirements under Parts 262 through 265 and Part 270 of this Chapter. [261.20(b) amended by 48 FR 14153, April 1, 1983] (c) For purposes of this Subpart. the Administrator will consider a sample obtained using any of the applicable sampling methods specified in Appendix I to be a representative sample within the meaning of Part 260 of this Chapter. [Comment: Since the Appendix I sampling methods are not being formally adopted by the Administrator, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in 260.20 and 260.21.] § 261.21 Characteristic of ignitability. (a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: (1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60°C (140°F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see $260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see $260.11), or as determined by an equivalent test method approved by the Administrator under procedures set forth in $260.20 and 260.21. [261.21(a)(1) amended by 46 FR 35247, July 7, 1981) (2) It is not a liquid and is capable. under standard temperature and pressure. of causing fire through friction. absorption of moisture or spontaneous chemical changes and, when ignited. burns so vigorously and persistently that is creates a hazard. (3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Administrator under §§ 260.20 and 260.21. (4) It is an oxidizer as defined- 49, CFR 173.151. (b) A solid waste that exhibits the characteristic of ignitability, but is not listed as a hazardous waste in Subpart D. has the EPA Hazardous Waste Number of D001. $ 261.22 Characteristic of corrosivity. (a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: [261.22(a)(1) and (2) amended by 461 FR 35247, July 7, 1981] (1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either an EPA test method or an equivalent test method approved by the Administrator under the procedures set forth in §§ 260.20 and 260.21. The EPA test method for pH is specified as Method 5.2 in "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods" (incorporated by reference. see $ 260.11). (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm [0.250 inch) per year at a test temperature of 55°C (130°F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01- 69 as standardized in "Test Methods for the Evaluation of Solid Waste. Physical/ Chemical Methods" [incorporated by reference. see $ 260.11) or an equivalent test method approved by the Administrator under the procedures set forth in §§ 260.20 and 260.21. (b) A solid waste that exhibits the characteristic of corrosivity. but is not listed as a hazardous waste in Subpart D. has the EPA Hazardous Waste Number of D002. § 261.23 Characteristic of reactivity. (a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (1) It is normally unstable and readily undergoes violent change without detonating. [Sec. 261.23(a)(1)] HAZARDOUS WASTE CRITERIA S-655 161:1857 (2) It reacts violently with water. (3) It forms potentially explosive mixtures with water. (4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment. (5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5. can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment. (6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement. (7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure. (8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49 CFR 173.88. (b) A solid waste that exhibits the characteristic of reactivity, but is not listed as a hazardous waste in Subpart D. has the EPA Hazardous Waste Number of D003. § 261.24 Characteristic of EP Toxicity. (a) A solid waste exhibits the characteristic of EP toxicity if, using the test methods described in Appendix II or equivalent methods approved by the Administrator under the procedures set forth in 260.20 and 260.21, the extract from a representative sample of the waste contains any of the contaminants $261.31 Hazardous waste from nonspecific sources. listed in Table I at a concentration equal to or greater than the respective value given in that Table. Where the waste contains less than 0.5 percent filterable solids, the waste itself. after filtering. is considered to be the extract for the purposes of this section. (b) A solid waste that exhibits the characteristic of EP toxicity. but is not listed as a hazardous waste in Subpart D. has the EPA Hazardous Waste Number specified in Table I which corresponds to the toxic contaminant causing it to be hazardous. Table L-Maximum Concentration of Contaminants for Characteristic of EP Toxicity- Continued EPA Maximum hazardous Contaminant concentration waste (milligrams number per liter) D004 Arsenic 5.0 0005 Barium 100.0 D006 Cadmium 1.0 D007 Chromium 5.0 D008 Lead 5.0 D009 Mercury 0.2 D010 Selenium 1.0 D011 Silver 5.0 0012 Endrin (1.2.3.4,10,10- 0.02 hexachloro-1.7-epoxy- 1,4,4a,5,6,7,8,8#- octahydro-1,4-endo, endo- 5.B-dimethano naphthalene. D013 Lindane (1,2,3,4,5,6- 0.4 hexachiorocyclohexane, gamma isomer. D014 Methoxychior (1,1,1- 10.0 Trichioro-2.2-bis to methoryphenyl]ethane) D015 Texaphene (C.,H.,CL. 0.5 Technical chiorinated camphene, 67-69 percent chlorine). D016 2,4-D. (2.4- 10.0 Dichiorophenoxyacetic acid). industry and EPA D017 2.4.5-TP Silvex (2.4.5- 1.0 Tnchlorophenoxypropionic acid) Subpart D-Lists of Hazardous Wastes Unterim final] § 261.30 General. (a) A solid waste is a hazardous waste if it is listed in this Subpart. unless it has been excluded from this list under §§ 260.20 and 260.22. (b) The Administrator will indicate his basis for listing the classes or types of wastes listed in this Subpart by employing one or more of the following Hazard Codes: Ignitable Waste (1) Corrosive Waste (C) Reactive Waste (R) EP Toxic Waste (E) Acute Hazardous Waste (H) Toxic Waste E Appendix VII identifies the constituent which caused the Administrator to list the waste as an EP Toxic Waste (E) or Toxic Waste (T) in §§ 261.31 and 261.32. (c) Each hazardous waste listed in this Subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with the notification requirements of Section 3010 of the Act and certain recordkeeping and reporting requirements under Parts 262 through 265 and Part 270 of this Chapter. [261.30(c) amended by 48 FR 14153, April 1, 1983] (d) The following hazardous wastes listed in $261.31 or $261.32 are subject to the exclusion limits for acutely hazardous wastes established in $261.5: [Reserved] (261.30(d) revised by 45 FR 74890, November 12, 1980] Hazardous waste hazardous waste No. Generic: F001 The following spent halogenated solvents used in degreasing: tetrachioroethylene, trichloroethylene, methylene chloride, 1,1,1-Inchloroeth- (T) ane, carbon tetrachloride, and chiorinated Buorocarbons: and sludges from the recovery of these solvents in degreasing operations. F002 The following spent halogenated solvents tetrachioroelhylene. methylene chloride. trichloroethylene, chlorobenzene, E ortho-dichioroberizene, and trichlorofluoromethane and the still bottoms from the recovery of these solvents. F003 The following spent non-halogenated solvents: xylene, acetone, ethyt acelate. ethyl benzene, ethyl ether, methyl isobutyl kelone. n-butyl (1) alcohol, cyclohexanone. and methanol: and the still bottoms from the recovery of these solvents. F004 The following spent non-halogenated solvents: cresols and cresylic acid, and nitrobenzene; and the still bottoms from the recovery of these (T) solvents. F005 The following spent non-halogenated solvents: toluene, methyl ethyl kelone, carbon disulfide. isobutanol, and pyridine: and the still bottoms (I,T) from the recovery of these solvents. F006 Wastewater treatment sludges from electroplating operations except from the following processes: (1) sultune acid anothzing of aluminum: E (2) un plating on carbon steel: (3) zinc plating (segregated basis) on carbon steel, (4) aluminum or zinc alummum plating on carbon steet: (5) cleaning/stripping associated with un. zinc and aluminum plating on carbon steet; and (6) chemical etching and milling of aluminum. F019 Wastewater treatment sludges from the chemical conversion coating of aluminum E F007 Spent cyanide plating bath solutions from electroplating operations (except for precious metals electroplating spent cyanide plating bath (R. T) solutions). F008 Plating bath studges from the bottom of plating baths from electroplating operations where cyanides are used in the process (except for (R.T) precious metals electroplating planng bath skudges). F009 Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process (except for precious (R. T) metals electroplating spent stripping and cleaning bath solutions). F010 Quenching bath studge from of baths from metal heat treating operations where cyanides are used in the process (except for precious (R,T) metals heat-treating quenching bath sludges). F011 Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations (except for precious metals heat treating spent (R, T) cyanide solutions from salt bath pot cleaning). F012 Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process (except for precious (T) metals heat treating quenching waslewater treatment sludges). Hazard code [261.31 amended by 45 FR 47833. July 16. 1980; revised by 45 FR 74890, November 12. 1980; 46 FR 4617, January 16, 1981: 46 FR 27476, May 20, 1981] [Sec. 261.31] 5-13-83 ANEJO B8 49 CFR Parte 178 Subparte B Shipping Container Specifications Subparte B-Specifications for Inside Containers, and Linings Anejo B8 § 178.19-7 178.19-7 Tests. (a) At least three samples taken at random, filled and prepared as specified and closed as for use, shall be capable of withstanding the tests in paragraphs (a) (1), (2), and (3) of this section without leakage. These tests shall be performed at the start of Initial production and at 4-month intervals and shall be repeated on any change of type, size, materials, or process method. No single container shall be expected to withstand more than one of the following tests: (1) The container filled to 98 percent capacity with water shall be dropped from a height of 4 feet onto solid concrete so as to drop diagonally on top edge or any part constructed to a lesser strength. (2) The container filled to 98 percent capacity with a solution compatible with polyethylene and which remains liquid at 0' F. shall be dropped from a height of 4 feet onto solid concrete on any part of the container when container and contents are at or slightly below 0' F. Filled container shall be stored at 0' F. or lower temperature for at least 4 hours immediately preceding test. (3) The container shall be tested by retaining for 5 minutes hydrostatic pressure of at least 15 pounds per square inch at equilibrium without showing pressure drop or evidence of leakage. (b) At least three containers taken at random from each continuous production lot of no more than 1,000 containers of each given type and size shall withstand without leakage or failure the test prescribed in § 178.19- 7(a)(2). (c) At least three containers of each size and type taken at random at start of initial production, and upon any change in materials, design, or process method shall withstand without failure or leakage the following tests. No single container shall be expected to withstand more than one test: (1) The container filled to 98 percent of capacity with water shall be capable of withstanding a vibration test by placing the container on the vibration table anchored in such manner that all horizontal motion shall be restricted and only vertical motion allowed. § 178.22-2 Title 49-Transportation The test shall be performed for one hour using an amplitude of one inch at a frequency that causes the test container to be raised from the floor of the table to such a degree that a piece of paper or flat steel strap or tape can be passed between the table and the container. (2) The container filled to 98 percent capacity with water shall withstand the following static compression test without buckling of the side walls sufficient to cause damage, but in no case shall the maximum top to bottom deflection be more than one inch. Compression shall be applied to the load bearing areas of the top of the container for a period of not less than 48 hours. Com- Marked (rated) capacity (gallons) pression test (pounds) 24 thru 6½ 600 15 1,200 30 1,800 (d) Records of test results to be maintained in current status and retained by each manufacturer at each producing plant. [Order 71, 31 FR 9073, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5, 1967] Subport B-Specifications for Inside Containers, and Linings SOURCE: 29 FR 18823, Dec. 29, 1964. unless otherwise noted. Redesignated at 32 FR 5606, Apr. 5, 1967. 6 178.21 Specification 2T; polyethylene container. 9 178.21-1 Compliance. (a) Required in all details. 8 178.21-2 Capacity and marking of container. (a) Containers of 5 to 13 gallons capacity are covered by this specification. Actual capacity of the container must be the marked capacity plus 5 percent minimum. (b) Each container must be permanently marked with figures and letters at least % inch high to show: Chapter I-Research and Special Programs Administration (1) DOT-2T. (2) Name or symbol of person making the mark specified in paragraph (b)(1) of this section. Symbol, if used, must be registered with the Associate Director for HMR. (3) Month and year of manufacture. (Amdt. 178-40, 41 FR 38181, Sept. 9. 1976] # 178.21-3 Material. (a) Containers shall be made of polyethylene and shall have the following properties (see Note 1): Molt index 2.6 maximum Density 0.910-0.925 Tensile strength 1500 pounds per square inch minimum Percent elongation 400 percent minimum. NOTE 1: Other materials may be added if they do not affect the properties specified in paragraph (a) of this section. (1) Container must have a minimum weight and wall thickness in accordance with the following table: (b) Closing device shall be of material resistant to the lading and adequate to prevent leakage and not over 3½ inches in diameter. (c) Tests. Samples taken at random, empty or filled, and prepared as specified and closed as for use, shall be capable of withstanding the following tests without breakage or leakage: (1) Empty container shall be dropped on any part from a height of 6 feet onto solid concrete, immediately after conditioning for at least 24 hours at 0° F. (2) The polyethylene container In a prescribed outer specification container, as authorized by Part 173 of this chapter. filled to 98 percent of capacity with water shall be dropped from a height of 4 feet onto solid concrete so as to drop diagonally on top edge of any part considered weaker. (3) The polyethylene container in a prescribed outer specification contain- Minimum Minimum Marked capacity not over wall weight of (gallons) thickness containers (inch) (pounds) 5 0.0625 3 61, 0625 4 13 0625 8 er, as authorized In Part 173 of this chapter, filled to 98 percent of capacity with a solution which is compatible with polyethylene and remains liquid at 0° F. shall be dropped from a height of 4 feet onto solid concrete on any part of the container when container and contents are at or slightly below 0° F. (4) The polyethylene container in a prescribed outer specification container as authorized in Part 173 of this chapter, filled to 98 percent of capacity with water shall be capable of withstanding a vibration test by placing the container on the vibration table anchored in such manner that all horizontal motion shall be restricted and only vertical motion allowed. The test shall be performed for 1 hour using an amplitude of 1 inch at a frequency that causes the test container to be raised from the floor of the table to such a degree that a piece of paper or flat steel strap or tape can be passed between the table and the container. (d) Polyethylene container must fit snugly in outside container. [29 FR 18823. Dec. 29, 1964, as amended by Order 66, 30 FR 5748, Apr. 23, 1965. Redesignated at 32 FR 5606. Apr. 5. 1967. and amended by Amdt. 178-59. 44 FR 66198, Nov. 19. 1979) 8 178.22 Specification 2C; inside containers, corrugated fiberboard cartons. 8 178.22-1 Construction. (a) To be of double-wall board, 275- pound strength, or 2 thicknesses of double-faced board, 175-pound strength. Mullen or Cady test; slides or linings to be 1-piece with joint cloth-taped. 0 178.22-2 Outside container. (a) Outside container must be lined throughout with, and cartons separated by, double-wall corrugated fiberboard of 275-pound strength, Mullen or Cady test. § 178.23 B 178.23 Specification 2D; inside containers, duplex paper bags. § 178.24a-5 178.23-1 Construction. (a) Bags to be at least 2 thicknesses of shipping sack Kraft paper, or equivalent, and as follows: Minimum weight (per 500 sheets 24 x36") Maximum weight of contents (pounds) One sheel, One sheet, weight weight (pounds) (pounds) 2 30 30 6 50 40 12 60 50 25 70 60 'Weight 15 percent less authorized for rope paper contain. ing 35 percent or more of manila rope fiber [29 FR 18823, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967. and amended by Amdt. 178-25. 36 FR 18469, Sept. 15, 1971] # 178.23-2 Test. (a) Bags, filled and closed as for shipment, must be able to withstand drop of 4 feet onto concrete without rupture or sifting, except that 2-foot drop is acceptable for bags to contain 25 pounds. $ 178.24 Specification 2D; molded or thermoformed polyethylene containers having rated capacity of over one gallon. Removable head containers or containers fabricated from film not authorized. # 178.24-1 Compliance. (a) Required in all details. 8 178.24-2 Material. (a) Containers shall be made of polyethylene and shall have the following properties (see Note 1): Melt index 2.6 maximum. Density 0.910-0 Tensile strength 1500 pounds per square inch minimum Title 49-Transportation NOTE 1: Other materials may be added If they do not affect the properties specified in paragraph (a) of this section. Percent elongation 400 percent minimum NOTE 2: Type III polyethylene, as specifled in Appendix B to this part, is author- Ized for containers up to 6 gallons marked capacity (6) gallons maximum capacity). [29 FR 18823, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5. 1967. and amended by Amdt. 178-15, 35 FR 18528. Dec. 5. 1970; Amdt. 178-59. 44 FR 66198, Nov. 19, 1979) $ 178.24-3 Construction capacity. (a) Container must be constructed in accordance with the following table: Percent Minimum outage Rated capacity not over (gallons) overall Over thickness marked (inch) capacity permitted 5 0.010 15 15 015 15 55 015 5 'For cubical containers, the area adjacent to and forming the opening for closure may have a minimum thickness of 0.008 inch for 5 gallons rated capacity and sizes larger than 5 gallons may have a minimum thickness of 0.010 inch. (b) Polyethylene container must fil snugly in outside container. [29 FR 18823, Dec. 29, 1964, as amended by Order 66, 30 FR 5749. Apr. 23, 1965. Redesignated at 32 FR 5606, Apr. 5, 1967) § 178.24-4 Closure. (a) Shall be of material resistant to lading and adequate to prevent leakage. Vented closures where specified under Part 173 of this chapter author. ized. No opening over 2.7 Inches in diameter authorized. 8 178.24-5 Marking. (a) Each container must be permanently marked by embossment in fig. ures and letters at least % Inch in size to show: (1) DOT-2U. (2) Name or symbol of person making the mark specified In paragraph (a)(1) of this section. Symbol, if used, must be registered with the Associate Director for HMR. (3) Month and year of manufacture. (4) Rated capacity. [Amdt. 178-40, 41 FR 38181, Sept. 9, 1976) # 178.24-7 Tests. Chapter I-Research and Special Programs Administration (a) Samples taken at random shall withstand prescribed tests without breakage or leakage. Tests shall be made on each type and size at each manufacturing location starting production and shall be repeated every fou: months. The type tests are as follows: (1) The polyethylene container in a prescribed outer specification container, as authorized by Part 173 of this chapter, filled to 98 percent of capacity with water shall be dropped from a height of 4 feet onto solid concrete so as to drop diagonally on top edge or any part considered weaker. (2) The polyethylene container in a prescribed outer specification containrr, as authorized by Part 173 of this chapter, filled to 98 percent of capac- Ity with a solution which is compatible with polyethylene and remains liquid at 0" F. shall be dropped from a height of 4 feet onto solid concrete on any part of the container when container and contents are at or slightly below 0° F. (3) The polyethylene container in a prescribed outer specification container, as authorized In Part 173 of this chapter, filled to 98 percent of capacity with water shall be capable of withstanding a vibration test by placing the container on the vibration table anchored in such manner that all horizontal motion shall be restricted and only vertical motion allowed. The test shall be performed for one hour using an amplitude of one inch at a frequency that causes the test container to be raised from the floor of the table to such a degree that a piece of paper or flat steel strap or tap can be passed between the table and the container. $ 178.24a Specification 2E; inside polyethylene bottle. [29 FR 18823, Dec. 29, 1964, as amended by Order 66, 30 FR 5749, Apr. 23, 1985. Redesignated at 32 FR 5606, Apr. 5, 1967] (Amdt. 178-11. 35 FR 11473, July 17. 1970] 6 178.24a-1 General requirements. (a) Each bottle must meet the applicable requirements of § 173.24 of this chapter. (Amdt. 178-5, 34 FR 12593, Aug. 1. 1969) (49 U.S.C. 1803, 1804. 1808; 49 CFR 1.53 and App. A to Part 1 and paragraph (a)(4) App A to Part 106) [Amdt. 178-61. 45 FR 46423, July 10, 1980] $178.24a-2 Rated capacity. § 178.24a-3 Materials of construction. (a) Each bottle must be made of a blow-molding grade of polyethylene, constructed so that it will maintain Its shape when standing empty and open. (b) Wall thickness must not be less than 0.008 inch (0.2 millimeters). (c) Polyethylene must have properties as specified in Table I of Appendix B to this part. (a) Maximum capacity not to exceed 5 quarts. [Amdt. 178-5, 34 FR 12593, Aug. 1, 1969] § 178.24a-4 Closure. (a) Closing devices must provide a tight seal. Vented closures are not authorized unless otherwise provided for in Part 173 of this chapter. [Amdt. 178-5. 34 FR 12593, Aug. 1, 1969] § 178.24a-5 Tests. (a) Each bottle must be capable of withstanding the prescribed tests without breaking or leaking. (b) The test prescribed in paragraph (d)(1) of this section must be made on at least three random sample bottles for each 1,000 bottles produced by each blow-molding machine. The test must be performed at the start of initial production from each blow-mold- Ing machine and upon any change in type of polyethylene or process method. (c) The test prescribed in paragraph (d)(2) of this section must be made at least once each month on a minimum of three random sample bottles produced and upon any change in type of polyethylene or process method. (d) Prescribed tests: (1) The bottle, filled to 98 percent of capacity with water, must be dropped from a height of 4 feet onto a solid unyielding surface SO as to drop diagonally on the top edge or any other part which is weaker. (2) The bottle. filled to 98 percent of capacity with a liquid which is compatible with polyethylene and which is liquid at 0' F., must be dropped from a height of 4 feet onto a solid unyielding surface, on any part of the bottle. Immediately prior to the test, the bottle § 178.24a-6 $ 178.30-1 and Its contents must have been at a temperature of 0' F. or lower for at least 24 hours. [Amdt. 178-5, 34 FR 12593, Aug. 1. 1969) # 178.24a-6 Marking. (a) Marking must be as prescribed in § 173.24 of this subchapter, except as follows: (1) Marking must be by embossment in at least K. inch figures for bottles of one quarter or less capacity and at least X Inch figures for bottles of more than one quart capacity as follows: "DOT-2E", the minimum thickness of the polyethylene in thousandths of inches (mils), and the year of manufacture (e.g., DOT-2E 15-69). [Amdt. 178-5, 34 FR 12593, Aug. 1, 1969. as amended by Amdt. 178-11, 35 FR 11473, July 17, 1970; Amdt. 178-40, 41 FR 38180, Sept. 9, 1976; 41 FR 42206. Sept. 27. 1976] § 178.25 Specification 2F; inside metal containers and liners. Title 49-Transportation # 178.25-1 Construction. (a) Containers over 1-gallon capacity and all lining must be at least 30 gauge, United States standard (commercial 107-pound tin plate) and sealed leakproof. @ 178.26 Specification 2G; inside containers, fiber cans and boxes. @ 178.26-1 Capacity, and thickness of metal and fiber. (a) Capacity not over 6 pounds, net Metal tops, bottoms, and connections of suitable thickness are authorized. Minimum fiber thickness as follows: (1) Up to %-pound size: 0.021". (2) Up to 1-pound size: 0.026". (3) Up to 3-pound size: 0.036". (4) Up to 6-pound size: 0.050", provided that 0.036" fiber heads with 130- pound strength' are authorized; or 0.028" with 175-pound strength;¹ or 0.036" with 90-pound strength.' provided each container is wrapped with shipping sack Kraft paper of 60-pound base weight pasted thereon. 0 178.27 Specification 2TL; polyethylene container. 6 178.27-1 Material requirements. (a) Containers shall be made of polyethylene and shall have the following properties (see Note 1): Mall index 2.6 maximum Density 0.910-0.925 Tensile strength 1500 pounds per square inch minimum. Percent elongation 400 percent minimum NOTE 1: Other materials may be added If they do not affect the properties specified in paragraph (a) of this section. (29 FR 18823, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 178-59, 44 FR 66198. Nov. 19. 1979) § 178.27-2 Construction, capacity and marking. (a) Container must be constructed in accordance with the following table: Minimum Minimum Marked capacity not over wall weight of (gallons) thickness containers (inches) (pounds) 5 0.015 1 14 050 5½ 'Actual capacity must be the marked capacity plus 5 percent minimum. (b) Closure: Closure shall be of material resistant to lading and adequate to prevent leakage. Vented closures where specified under Part 173 of this chapter authorized. No opening over 3½ inches in diameter authorized. (c) Marking: Each container must be permanently marked In figures and letters at least ½ Inch in size to show: (1) DOT-2TL (2) Name or symbol of person making the mark specified in paragraph (c)(1) of this section. Symbol, If used, must be registered with the Associate Director for HMR. (3) Month and year of manufacture. (4) Rated (marked) capacity. (d) Polyethylene container must fit snugly in outside container. Chapter I-Research and Special Programs Administration # 178 27-J Type test. (a) Samples taken at random shall withstand prescribed test without breakage. Test shall be made on each type and size at each manufacturing location starting production and shall be repeated every four months. The type test is as follows: (1) Empty container shall be dropped on any part from a height of 6 feet onto solid concrete, immediately after conditioning for at least 24 hours at 0" F. (29 FR 18823. Dec. 29. 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 178-40. 41 FR 38181, Sept. 9, 1976) # 178.27-4 Tests. (a) Samples taken at random, filled and prepared as specified and closed as for use, shall be capable of withstanding the following tests without leakage: (1) The polyethylene container in a prescribed outer specification container as authorized by Part 173 of this chapter. filled to 98 percent capacity with water shall be dropped from a height of 4 feet onto solid concrete so as to drop diagonally on top edge or on any part considered weaker. (2) The polyethylene container in a prescribed outer specification container, as authorized by Part 173 of this chapter, filled to 98 percent capacity with a solution which is compatible with polyethylene and remains liquid at 0* F. shall be dropped from a height of 4 feet onto solid concrete on any part of the container when container and contents are at or slightly below 0° F. (3) The polyethylene container in a prescribed outer specification container, as authorized in Part 173 of this chapter. filled to 98 percent of capacity with water shall be capable of withstanding a vibration test by placing the container on the vibration table anchored in such manner that all horizontal motion shall be restricted and only vertical motion allowed. The test shall be performed for 1 hour using an amplitude of 1 Inch at a frequency that causes the test container to be raised from the floor of the table to such a degree that a plece of paper or flat steel strap or tape can be passed between the table and the container. (29 FR 18823. Dec. 29. 1964, as amended by Order 66, 30 FR 5749. Apr. 23. 1965. Redesignated at 32 FR 5606, Apr. 5, 1967) 6 178.28 Specification 2J; inside containers, waterproof paper bags for linings. $ 178.28-1 Material. (a) Two sheets of paper cemented to. gether and creped to afford 25 percent stretch; paper to be shipping sack Kraft 30 pounds per ream (500 sheets. 24" X 36") before creping: total weight 90 pounds per ream. # 178.28-2 Test. (a) Material folded into cones and filled with water to depth of 2" at 70' F. must not show water on outside within 24 hours. # 178.28-3 Construction. (a) Form to fit the outside container without stretching: seams and closures to afford a siftproof bag. § 178.29 Specification 2K; inside containers, paper bags for linings. § 178.29-1 Paper and construction. (a) Shipping sack Kraft paper, creped; at least 45 pounds per ream (500 sheets, 24" X 36") before creping. (b) Construction. Form to fit the outside container without stretching: seams and closure to afford a siftproof bag. 6 178.30 Specification 2L; lining for boxes. @ 178.30-1 Box lining. (a) Box lining must be of strong paraffined paper, or other suitable material, without joints or other openings at the bottom or at sides of box. and shall fully protect contents in contact with top of box. (b) Tensile strength of material must be at least 35 pounds with the grain and 17 pounds across grain, tested by direct pull on strips measur- Ing 3"x1". Average results of three or more tests with the grain and three or more across grain shall be used. (c) Material shall be Impervious to water and nitroglycerin at 77° F. Test for Imperviousness shall consist of folding material into cones, loosely to avoid breakage at creases. Cones 'Mullen or Cady test. § 178.30-2 Title 49-Transportation § 178.33a-2 tested for nitroglycerin shall be filled to 1" depth: those for water to 2". No leakage of liquid shall occur during 24 hours' exposure. (d) Material must transmit no oily or greasy stain to unglazed paper. Test shall consist of placing one thickness of material, with two thicknesses of unglazed paper on each side, in an oven at 104' F. for 24 hours, under pressure of a lead disk 1 1/2" thick and of 10 pounds weight resting edgewise on the paper. (e) Saturating paraffin. when used, shall have melting point of 125° F. or above. Test shall consist of extracting paraffin from 1 ounce or more of material with ether. After evaporation of all ether, paraffin shall be melted and poured upon the surface of water contained in a hemispherical dish approximately 3%" in diameter. Dish shall be three-fourths full of water above melting point of paraffin. Thermometer shall be placed with bulb three-fourths immersed In center of dish. Water and paraffin shall be allowed to cool until paraffin upon the surface of water commences to solidify. Temperature shall then be read and recorded as melting point of paraffin. # 178.30-2 Bag. (a) Bag complying with requirements of paragraphs (b), (c), and (d) of this section also authorized. (b) Material must be: 2 sheets of shipping sack Kraft paper joined by asphaltum, or equivalent; outer sheet at least 60 pounds and inner sheet at least 30 pounds per ream (500 sheets, 24" X 36"); inner sheet coated with wax, or equivalent, with melting point at least 125' F.; compliance with § 178.30-1 (b) and (c) required. (c) Seams must be pasted with adhesive not affected by nitroglycerin. (d) Completed bag must be formed to fit outside container without undue strain and must be impervious to seepage of nitroglycerin. $ 178.31 Specification 2M; waterproofed paper lining. 6 178.31-1 Waterproofed paper. structed without joints or openings at sides, bottoms, or ends, and shall fully protect contents at top of box. 6 178.32 Specification 2N; inside containers, metal cane. (a) Waterproofed paper for box lining must be strong, folded or con- 9 178.32-1 Size. (a) Not over 14-pounds water capacity (388 cuble inches). 6 178.32-2 Material. Each can must be made of good quality tin plate with parts and dimensions in compliance with the requirements of the following table: Maximum Minimum thickness of metal (inch) diameter of can (inches) in body in heads 45. 0.01134 (107 lb tin 0.01305 (128 lb in plate). plate). 61%. 0.01134 1107 lb tin 0.01485 (148 lb tin plate). plate).' 61% 0.01405 (135 lb lin 0.01405 (135 lb un plate). plate).' 'The minimum thickness of metal in each head may be 107 lb tin plate provided side seams are soldered and heads are attached 10 body sections by full double seams internally soldered. 'The minimum thickness of metal in each head may be 135 lb un plate provided side seams are soldered and heads are attached to body sections by full double seams internally soldered. 'Top heads must be attached to body sections by full double seams with durable seaming compound, and boriom heads must be attached 10 body sections by soldering. (Amdt. 178-32. 39 FR 12752, Apr. 8, 1974] # 178.32-3 Manufacture. Chapter I-Research and Special Programs Administration (a) Seams soldered or full double seam. Outside surface rustproofed by lacquer or equivalent. § 178.32-4 Test. (a) When closed as for shipment, must be capable of standing 40-pound Interior pressure without leakage. B 178.33 Specification 2P; inside nonrefillable metal containers. [Order 71. 31 FR 9074, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5. 1967] 8 178.33-1 Compliance. (a) Required in all details. welded, soldered, brazed, double B 178.33-8 Tests. seamed, or swedged. (b) The maximum capacity of containers in this class shall not exceed 50 cubic inches (27.7 fluid ounces). The maximum inside diameter shall not exceed 3 inches. # 178.33-2 Type and size. 129 FR 18813. Dec. 29, 1964, as amended by Order 71. 31 FR 9074, July 1. 1966. Redesignated at 32 FR 5606, Apr. 5. 1967] (a) Single-trip inside containers. Must be seamless, or with seams, $ 178.33-3 Inspection. (a) By competent inspector. # 178.33-4 Duties of inspector. (a) To inspect material and completed containers and witness tests, and to reject defective materials or containers. # 178.33-5 Material. (a) Uniform quality steel plate such as black plate, electro-tin plate, hot dipped tin plate, tern plate or other commercially accepted can making plate: or nonferrous metal of uniform drawing quality. (b) Material with seams, cracks, laminations or other Injurious defects not authorized. # 178.33-6 Manufacture. (a) By appliances and methods that will assure uniformity of completed containers; dirt and scale to be removed as necessary; no defect acceptable that is likely to weaken the fin- Ished container appreciably; reasonably smooth and uniform surface (inish required. (b) Seams when used must be as follows: (1) Circumferential seams: By weld- Ing, swedging, brazing, soldering, or double seaming. (2) Side seams: By welding, brazing, or soldering. (c) Ends: The ends shall be of pressure design. (a) One out of each lot of 25,000 containers or less, successively produced per day shall be pressure tested to destruction and must not burst below 240 pounds per square inch gauge pressure. The container tested shall be complete with end assembled. (b) Each such 25,000 containers or less, successively produced per day, shall constitute a lot and if the test container shall fall, the lot shall be rejected or ten additional containers may be selected at random and subjected to the test under which failure occurred. These containers shall be complete with ends assembled. Should any of the ten containers thus tested fail, the entire lot must be rejected. All containers constituting a lot shall be of like material, size, design construction, finish, and quality. (29 FR 18823. Dec. 29, 1964, as amended by Order 71. 31 FR 9074, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5, 1967) # 178.33-7 Wall thickness. (a) The minimum wall thickness for any container shall be 0.007 Inch. (Order 71, 31 FR 9074, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5, 1967] (Order 71, 31 FR 9074. July 1, 1966. Redesignated at 32 FR 5606, Apr. 5. 1967] $ 178.33-9 Marking. (a) By means of printing, lithographing. embossing, or stamping, each container must be marked to show: (1) DOT-2P. (2) Name or symbol of person making the mark specified in paragraph (a)(1) of this section. Symbol, if used, must be registered with the Associate Director for HMR. [Amdt. 178-40, 41 FR 38181. Sept. 9, 1976) $ 178.33a Specification 2Q. Inside nonrefillable metal containers. (Amdt. 178-43, 42 FR 42208, Aug. 22. 1977] $ 178.33a-1 Compliance. (a) Required in all details. (Order 71, 31 FR 9074, July 1. 1966. Redesignated at 32 FR 5606, Apr. 5, 1967) # 178.33a-2 Type and size. (a) Single-trip inside containers. Must be seamless, or with seams welded, soldered, brazed, double seamed, or swedged. (b) The maximum capacity of containers in this class shall not exceed 55 cubic inches (30.5 fluid ounces). The maximum Inside diameter shall not exceed 3 inches. § 178.33a-3 Title 49-Transportation [Order 71, 31 FR 9074. July 1, 1966. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 178-43, 42 FR 42208. Aug. 22. 1977) B 178.33a-3 Inspection. (a) By competent inspector. § 178.34-4 [Order 71. 31 FR 9074. July 1. 1966. Redesignated al 32 FR 5606, Apr. 5, 1967] B 178.33a-4 Duties of inspector. (a) To inspect material and completed containers and witness tests, and to reject defective materials or containers. (Order 71. 31 FR 9074, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5, 19671 $ 178.33a-5 Material. (a) Uniform quality steel plate such as black plate, electrotin plate, hot dipped tinplate, ternplate or other commercially accepted can making plate; or nonferrous metal of uniform drawing quality. (b) Material with seams, cracks, laminations or other injurious defects not authorized. [Order 71, 31 FR 9074, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5. 1967] # 178.33a-6 Manufacture. (a) By appliances and methods that will assure uniformity of completed containers; dirt and scale to be removed as necessary; no defect accept. able that is likely to weaken the finished container appreciably; reasonably smooth and uniform surface finish required. (b) Seams when used must be as follows: (1) Circumferential seams. By welding. swedging, brazing, soldering, or double seaming. (2) Side seams. By welding. brazing or soldering. (c) Ends. The ends shall be of pressure design. [Order 71. 31 FR 9074, July 1, 1966. Redesignated at 32 FR 5606, Apr. 5, 1967] B 178.33a-7 Wall thickness. (a) The minimum wall thickness for any container shall be 0.008 inch. (a) One out of each lot of 25,000 containers or less, successively produced per day, shall be pressure tested to destruction and must not burst below 270 pounds per square Inch gauge pressure. The container tested shall be complete with end assembled. (b) Each such 25,000 containers or less, successively produced per day, shall constitute a lot and if the test container shall fail, the lot shall be rejected or ten additional containers may be selected at random and subjected to the test under which failure occurred. These containers shall be complete with ends assembled. Should any of the ten containers thus tested fail, the entire lot must be rejected. All containers constituting a lot shall be of like material, size, design, construction, finish and quality. (Order 71. 31 FR 9074, July 1. 1966. Redesignated at 32 FR 5606, Apr. 5, 1967) $ 178.33a-8 Tests. [Order 71. 31 FR 9074, July 1. 1966. Redesignated at 32 FR 5606, Apr. 5, 1967) 6 178.33a-9 Marking. (a) By means of printing, lithographing, embossing, or stamping, each container must be marked to show: (1) DOT-2Q. (2) Name or symbol of person making the mark specified in paragraph (a)(1) of this section. Symbol, if used, must be registered with the Associate Director for HMR. (Amdt. 178-40. 41 FR 38181. Sept. 9, 1976) 8 178.34 Specification 2R; inside containment veasel. [Amdt. 178-35, 39 FR 45245, Dec. 31, 1974] # 178.34-1 General requirements. (a) Each vessel must be made of stainless steel, malleable iron, or brass, or other material having equivalent physical strength and fire resistance. (b) Each vessel must meet all of the applicable requirements of $ 173.24 (c) and (d) of this subchapter. Letters and numerals at least 6 millimeters (1/4- inch) in height are authorized for the marking of a vessel not exceeding 5 centimeters (2 inches) inside diameter. Chapter I-Research and Special Programs Administration $ 178.34-2 Manufacture. (Amdt. 178-35, 39 FR 45245, Dec. 31, 1974) 178.34-3 Dimensions The ends of the vessel must be fitted with screw-type closures or flanges (see § 178.34-4), except that one or both ends of the vessel may be permanently closed by a welded or brazed plate. Welded or brazed side seams are authorized. (a) The inside diameter of the vessel may not exceed 30 centimeters (12 inches) exclusive of flanges for handling or fastening devices and must have wall thickness and length in accordance with the following: (Amdt. 178-35, 39 FR 45245, Dec. 31, 19743 inside diameter Threaded closure Length maximum maximum Centi- Millime. Wall thickness minimum-Flanged closure Inches Inches Inches Centrmeters ters meters 2 5 * 2.5 Not less than that prescribed for schedule 40 pipe 16 41 6 15 % 3.2 72 183 12 30 % 6.5 72 183 [Amdt. 178-35. 39 FR 45245, Dec. 31, 1974) # 178.34-4 Closure devices. (a) Each closure device must be as follows: (1) Screw-type cap or plug; number of threads per inch must not be less than United States standard pipe threads and must have sufficient length of thread to engage at least 5 threads when securely tightened. Pipe threads must be luted with an appropriate non-hardening compound which must be capable of withstanding up to 149' C. (300' F) without loss of efficiency. Tightening torque must be adequate to maintain leak tightness with the specific luting compound. (2) An opening may be closed by a securely bolted flange and leak-tight gasket. Each flange must be welded or brazed to the body of the 2R vessel per (ANSI) Standard B16.5 or (AWWA) Standard C207-55, section 10. A torque wrench must be used in securing the flange with a corresponding torque of no more than twice the force necessary to seal the selected gasket. Gasket material must be capable of withstanding up to 149° C (300' F) without loss of efficiency. The flange, whether of ferrous or nonferrous metal, must be constructed from the same metal as the vessel and must meet the dimensional and fabrication specifications for welded construction as follows: (i) Pipe flanges described in Tables 13. 14, 16, 17, 19, 20, 22. 23. 25 and 26 of ANSI B16.5. (ii) For nominal pipe sizes, 6, 8, 10, and 12 inches, AWWA Standard C207- 55, Table 1, class B, may be used in place of the tables prescribed by paragraph (a)(2)(i) of this section. (iii) Sizes under 6 inches, nominal pipe size, the following table with the same configuration as illustrated in AWWA C207-55, Table 1, class B, may be used in place of paragraph (a)(2)(i) of this section. Nominal pipe size Flange O.D. Bolt circle diameter Diameter of bons Fiange thickness Number Inches Centi maters Inches Centiof bolls Centimetera Inches Centi- Centimeters Inches Inches meters meters 2 5 6 15 4 4% 11.8 K 1.2 24 % 1.6 62 7 17.5 4 5% 13.8 K 3 % 7.5 7k 18.8 4 6 15 35 & % 8.8 81/2 21.3 8 7 17.5 & % 4 10 @ 22.5 a 7% 18.6 5 K % 12.8 10 25.4 8 8% 21.3 & % $ 178.35 Title 49-Transportation (iv) Cast iron flanges prohibited. (Amdt. 178-35, 39 FR 45245, Dec. 31. 1974; 40 FR 2435, Jan. 13, 1975, as amended at 40 FR 44327, Sept. 26, 19751 6 178.35 Specification 2S; polyethylene packaging. Removable head container not au. thorized. [29 FR 18823, Dec. 29, 1964. Redesignated at 32 FR 5606. Apr. 5, 1967, and amended by Amdt. 178-48, 43 FR 31143, July 20, 1978) 8 178.35-1 Compliance. (a) Required in all details. § 178.35-2 Material requirements. Packaging must be made of type I polyethylene as described in Appendix B to this part except the melt index may be 2.6 maximum. Other materials may be added to the polyethylene resin provided they do not affect adversely the properties specified for the type in Appendix B. When required by Part 173 of this subchapter, packaging must be made of type II or III polyethylene as specified. [Amdt. 178-48, 43 FR 31143, July 20, 1978) § 178.35-3 Construction, capacity and marking. (a) Container must be constructed in accordance with the following table: Minimum Maximum thick. Marked capacity not Minimum ness-side over (gallons) capacity wall and weight (gations) heads (pounds) (inches) 5 6 0.0625 1.4 13.5 14.5 0625 3.25 15 16 0625 3.5 30 32 0625 5.5 55 58 0625 B 'Marked capacity shall be minimum capacity *Side openings are not authorized (b) Marking: Each container must be permanently marked with figures and letters at least % inch in size to show: (1) DOT-2S. (2) Name or symbol of person making the mark specified in paragraph (b)(1) of this section. Symbol, If used, must be registered with the Associate Director for HMR. (3) Month and year of manufacture. (4) Minimum capacity. (c) Polyethylene container must fit snugly in outside container. [29 FR 18823, Dec. 29. 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, as amended by Amdt. 178-15, 35 FR 18528, Dec. 5, 1970; Amdt. 178-40, 41 FR 38181. Sept. 9, 1976] $ 178.35-4 Closures. (a) Closing devices must be of screw thread type or fastened by positive means and be of material resistant to the lading and adequate to prevent leakage. (b) Openings over 2.3 inches In diameter not permitted. & 178.35-5 Tests. (a) Samples taken at random, empty or filled, and prepared as specified and closed as for use, shall be capable of withstanding the following tests without breakage or leakage: (1) Empty container shall be dropped on any part from a height of 6 feet onto solid concrete, immediately after conditioning for at least 24 hours at 0° F. (2) The polyethylene container in a prescribed outer specification container, as authorized by Part 173 of this chapter, filled to 98 percent of capacity with water shall be dropped from a height of 4 feet onto solid concrete so as to drop diagonally on top edge or any part considered weaker. (3) The polyethylene container in a prescribed outer specification container, as authorized by Part 173 of this chapter, filled to 98 percent of capacity with a solution which is compatible with polyethylene and remains liquid at 0° F. shall be dropped from a height of 4 feet onto solid concrete on any part of the container when container and contents are at or slightly below 0' F. (4) The polyethylene container in a prescribed outer specification container, as authorized in Part 173 of this chapter, filled to 98 percent of capacity with water shall be capable of withstanding a vibration test by placing the container on the vibration table anchored in such manner that all horizontal motion shall be restricted and only vertical motion allowed. The test shall be performed for 1 hour using an amplitude of 1 inch at a fre- Chapter I-Research and Special Programs Administration quency that causes the test container to be raised from the floor of the table to such a degree that a piece of paper or flat steel strap or tape can be passed between the table and the container. 129 FR 18823, Dec. 29, 1964, as amended by Order 66, 30 FR 5749. Apr. 23, 1965. Redesignated at 32 FR 5606, Apr. 5, 1967) $ 178.35a Specification 2SL; molded or thermoformed polyethylene packaging. § 178.35a-4 Removable head container or container fabricated from film not authorized. 129 FR 18823, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 178-48, 43 FR 31143, July 20, 1978) # 178.35a-1 Material requirements. Packaging must be made of type I polyethylene as described in Appendix B to this part except the melt index may be 2.6 maximum. Other materials may be added to the polyethylene resin provided they do not affect adversely the properties specified for the type in Appendix B. When required by part 173 of this subchapter, packaging must be made of type II or III polyethylene as specified. (Amdt. 178-48, 43 FR 31143, July 20, 1978) $ 178.35a-2 Construction, capacity and marking. (a) Container must be constructed in accordance with the following table: Minimum Marked capacity- Maximum thickness-side Minimum not over (gailons) capacity (gailons) wall and weight heads (pounds) (inches)' 135 14.5 15 0.030 2 16 30 .030 2.25 55 32 030 3.25 58 .040 5 'Marked (actual) capacity shall be minimum capacity "Side openings are not authorized and letters at least % Inch in size to show: (1) DOT-2SL. (2) Name or symbol of person making the mark specified in paragraph (c)(1) of this section. Symbol, if used, must be registered with the Associate Director for HMR. (3) Month and year of manufacture. (4) Minimum capacity. (d) Polyethylene container must fit snugly in outside container. (29 FR 18823, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5. 1967. and amended by Amdt. 178-15, 35 FR 18528, Dec. 5. 1970: Amdt. 178-40, 41 FR 38181, Sept. 9, 1976) # 178.35a-3 Type test. (a) Samples taken at random shall withstand prescribed test without breakage. Test shall be made on each type and size at each manufacturing location starting production and shall be repeated every four months. The type test is as follows: (1) Empty container shall be dropped on any part from a height of 6 feet onto solid concrete immediately after conditioning for at least 24 hours at 0° F. 9 178.35a-4 Tests. (a) Samples taken at random, filled and prepared as specified and closed as for use, shall be capable of withstanding the following tests without leakage: (1) The polyethylene container in a prescribed outer specification container, as authorized by Part 173 of this chapter, filled to 98 percent of capacity with water shall be dropped from a height of 4 feet onto solid concrete so as to drop diagonally on top edge or any part considered weaker. (3) The polyethylene container in a prescribed outer specification contain- (2) The polyethylene container in a prescribed outer specification container, as authorized by Part 173 of this chapter, filled to 98 percent of capacity with a solution which is compatible with polyethylene and remains liquid at 0' F. shall be dropped from a height of 4 feet onto solid concrete on any part of the container when container and contents are at or slightly below 0' F. (b) Closure: Closure shall be of material resistant to lading and adequate to prevent leakage. Vented closures where specified under Part 173 of this chapter are authorized. No opening over 2.3 inches in diameter authorized. (c) Markings: Each container must be permanently marked with figures $ 178.36 § 178.36-10 er, as authorized in Part 173 of this chapter. filled to 98 percent of capacity with water shall be capable of withstanding a vibration test by placing the container on the vibration table anchored in such manner that all horizontal motion shall be restricted and only vertical motion allowed. The test shall be performed for one hour using an amplitude of one inch at a frequency that causes the test container to be raised from the floor of the table to such a degree that a piece of paper or flat steel strap or tape can be passed between the table and the container. Subport C-Specifications for Cylinders SOURCE: 29 FR 18826, Dec. 29, 1964, unless otherwise noted. Redesignated at 32 FR 5606, Apr. 5. 1967. 9 178.36 Specification 3A; seamless steel cylinders or 3AX; seamless steel cylinders of capacity over 1,000 pounds water volume. (Order 67, 30 FR 7424, June 5, 1965. Redes- Ignated at 32 FR 5606, Apr. 5. 1967) $ 178.36-1 Compliance. (a) Required in all details. $ 178.36-2 Type, size and service pressure. (a) DOT-3A; seamless, not over 1,000 pounds water capacity (nominal) and service pressure at least 150 pounds per square Inch. (b) DOT-3AX; seamless, not less than 1,000 pounds water capacity and service pressure at least 500 pounds per square inch. Cylinders shall meet the following additional conditions: (1) Assuming the cylinder to be supported horizontally at Its two ends only and to be uniformly loaded over its entire length consisting of the weight per unit of length of the straight cylindrical portion filled with water and compressed to the specified test pressure; the sum of two times the "The "service pressure" limits the use of the cylinder. It Is shown by marks on cylinder; for example, DOT-3A2000 indicates the service pressure as 2,000 pounds per square inch. Title 49-Transportation maximum tensile stress in the bottom fibers due to bending (Note 1), plus that in the same fibers (longitudinal stress) (Note 2), due to hydrostatic test shall not exceed 80 percent of the minimum yield strength of the steel at such maximum stress. Wall thickness shall be increased when necessary to meet the requirement. NOTE 1: To calculate the maximum longitudinal tensile stress due to bending, the following formula shall be used: S=Mc/I NOTE 2: To calculate the maximum longitudinal tensile stress due to hydrostatic test pressure, the following formula shall be used: S=A,P/A, where: S=tensile stress-p.s.i.; M=bending moment-inch pounds (w) 8; w=weight per inch of cylinder filled with water; 1=length of cyllnder-inches; c=radius (D)/(2) of cylinder-inches; I=moment of inertia-0.04909 (D'-d') inches fourth; D=outside diameter-inches; d=inside diameter-inches; A,=internal area in cross section of cylinder-square inches; A,=area of metal in cross section of cylinder-square inches; P=hydrostatic test pressure-p.s.i. (Order 67, 30 FR 7424. June 5, 1965. Redesignated at 32 FR 5606, Apr. 5, 1967] 6 178.36-3 Inspection by whom and where. Inspections and verifications must be performed by an independent inspection agency approved in writing by the Associate Director for HMR, in accordance with $ 173.300a of this subchapter. Chemical analyses and tests as specified must be made within the United States unless otherwise approved in writing by the Associate DIrector for HMR, in accordance with $ 173.300b of this subchapter. Chapter I-Research and Special Programs Administration (46 U.S.C. 170(7): 49 CFR 1.53(f)-(h)) (Amdt. 178-39, 41 FR 18415. May 4. 19761 9 178.36-4 Duties of inspector. parting and shown to be free from pipe. cracks, excessive segregation and other injurious defects. (b) Verify chemical analysis of each heat of material by analysis or by obtaining certified analysis: Provided, That a certificate from the manufacturer thereof, giving sufficient data to indicate compliance with requirements, is acceptable when verified by check analyses of samples taken from one cylinder out of each lot of 200 or less. (d) Furnish complete test reports required by this specification to the maker of the cylinder and, upon request, to the purchaser. The test report must be retained by the inspector for fifteen years from the original test date of the cylinder. (c) Verify compliance of cylinders with all requirements including markings: inspect inside before closing in both ends; verify heat treatment as proper; obtain samples for all tests and check chemical analyses; witness all tests; verify threads by gauge; report volumetric capacity and tare weight (see report form) and minimum thickness of wall noted. (a) Inspect all material and reject any not complying with requirements; for cylinders made by billet-piercing process, billets to be inspected after OMB CONTROL No. 2150-0122, paragraph (d). (47 FR 16185, Apr. 15, 1982) 129 FR 18826, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5. 1967, and amended by Amdt. 178-70, 47 FR 16185. Apr. 15, 1982) # 178.36-5 Steel. (a) Open-hearth or electric steel of uniform quality. Content percent for the following not over: Carbon, 0.55; phosphorous, 0.045; sulphur, 0.050. 178.36-6 Identification of material. (a) Required; any suitable method except that plates and billets for hotdrawn cylinders shall be marked with heat number. 178.36-7 Defects. (a) Material with seams, cracks, laminations, or other injurious defects, not authorized. 178.36-8 Manufacture. is likely to weaken the finished cylinder appreciably; reasonably smooth and uniform surface finish required. If not originally free from such defects, the surface may be machined or otherwise treated to eliminate these defects. The thickness of the bottoms of cylinders welded or formed by spinning is, under no condition, to be less than two times the minimum wall thickness of the cylindrical shell; such bottom thicknesses to be measured within an area bounded by a line representing the points of contact between the cyl. inder and floor when the cylinder is in a vertical position. (a) By best appliance and methods; dirt and scale to be removed as necessary to afford proper inspection; no fissure or other defect acceptable that $ 178.36-9 Welding or brazing. (a) Welding or brazing for any purpose whatsoever is prohibited except as follows: (1) Welding or brazing is authorized for the attachment of neckrings and footrings which are non-pressure parts and only to the tops and bottoms of cylinders having a service pressure of 500 pounds per square inch or less. Cylinders, neckrings, and footrings must be made of weldable steel, carbon content of which must not exceed 0.25 percent except in the case of 4130X steel which may be used with proper welding procedure. NOTE 1: Cylinders used solely in anhydrous ammonia service may have a 1/2 inch diameter bar welded within their concave bottoms in accordance with the foregoing requirements. (2) As permitted in § 178.36-8(a). 8 178.36-10 Wall thickness. (a) For cylinders with service pressure less than 900 pounds the wall stress shall not exceed 24,000 pounds per square inch. Minimum wall 0.100" for any cylinder over 5" outside diameter. (b) Calculation must be made by the formula: where S=wall stress in pounds per square inch; P=minimum test pressure prescribed for water jacket test or 450 pounds per square Inch whichever is the greater: outside diameter in inches; Inside diameter in inches. ANEJO B9 49 CFR Parte 179 Subparte B Specifications for tank cars Subparte B-General Design Requirements § 179.5 Anejo B9 proposing a new specification, the applicant shall furnish information to justify a new specification. This data should include the properties of the lading and the method of loading and unloading. (b) The Subcommittee on Specifications of the Committee on Tank Cars shall review the proposed specification at its earliest convenience and report its recommendations to the Committee on Tank Cars for prompt consideration. The Committee on Tank Cars shall report its recommendations through said Secretary to the Department; such reports may be submitted to the Bureau of Explosives for its recommendation before action by the Department. Expert opinion thus ob. tained will be given due consideration by the Department in determining appropriate action. B 179.5 Certificate of construction. (a) Except as provided in paragraph (b) of this section, before a tank car is placed in service, the party assembling the completed car shall furnish a Certificate of Construction, Form AAR 4- 2 to the owner, the Bureau of Explosives (as required by 179.5(d)), and the Secretary. Mechanical Division, AAR, certifying that the tank, equipment, and car completed comply with all the requirements of the specification. (b) Before a tank of Class DOT- 106A, 107A, or 110A is placed in service, the builder must furnish a Certificate of Construction, Form AAR 4-2 to the owner, the Bureau of Explosives (as required by paragraph (d) of this section), and the Secretary, Mechanical Division, AAR. in addition to a Certificate of Inspector's Report as required in $ 179.300-20 and § 179.500- 18 in prescribed form certifying that the tank and appurtenances comply with fications. all the requirements of the speci- (c) If the owner elects to furnish the appurtenances such as valves and safety devices, the owner shall furnish to the Bureau of Explosives, and to the Secretary, Mechanical Division, AAR, a report in prescribed form, certifying that the appurtenances comply with all the requirements of the specifications. Title 49-Transportation (d) When cars or tanks which are covered on one application and are identical in all details are built In series, one certificate shall suffice for each series when submitted to the Sec. retary. One copy of the Certificate of Construction must be furnished to the Bureau of Explosives for each car number of consecutively numbered group or groups covered by the original application. [Amdt. 179-10. 36 FR 21344, Nov. 6. 1971) § 179.6 Repairs and alterations. For procedure to be followed in making repairs or alterations, see Ap. pendix R of the AAR Specifications for Tank Cars. (Amdt. 179-10. 36 FR 21344, Nov. 6, 1971) Subport B-Generol Design Requirements 9 179.10 Tank mounting. (a) The manner in which tanks are attached to the car structure shall be approved. The use of rivets to secure anchors to tanks prohibited $ 179.11 Welding certification. (a) Welding procedures, welders and fabricators shall be approved. $ 179.12 Interior heater systems. $ 179.12-1 General. (a) Interior heater systems shall be of approved design and materials. If a tank is divided into compartments, & separate system shall be provided for each compartment. § 179.12-2 Materials and dimensions. (a) Interior heater systems and plug flanges. if welded to tank or dome, shall be cast, forged or fabricated metal, and be of good weldable quality in conjunction with metal of tank or dome. (b) Piping must be not less than 2 inches IPS. Tubing must be not less than 2% inches outside diameter and the wall thickness must be at least equivalent to the corresponding pipe size. Material specifications and nominal wall thickness must be as follows: Chapter I-Research and Special Programs Administration Nominal thickness minimum Material Specifications ASTM 2 inches Over 2 inches Carbon steel 175 Schedule 40 A53-69a. A192-69. A178- 70 Schedule 40S A312-70 A269-69 Alloy steel Schedule 405 B241-69. B210-70. B221- Aluminum Schedule 80 Schedule 80 69 Schedule 40 Schedule 40 B161.70. Nickel Thickness must be increased 25 percent or to next higher schedule. whichever IS less, when threaded joints are used (c) Systems may be fabricated of other materials and of other than circular cross section, if approved. 129 FR 18995. Dec. 29. 1964. Redesignated at 32 FR 5606. Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21344, Nov. 6, 1971] $179.12-3 Joints and fittings. § 179.14 (a) Welded butt joints are preferable. Bolted joints with flange welded 10 piping may be used if welding is not feasible or to facilitate tank cleaning or application of linings. Return bends shall be forged, or made by bending the pipe. Cast, forged or fabricated manifolds of approved design may be used. (b) Inlets and outlets of heater systems shall be equipped with valve cock, cap or plug. Caps and plugs shall be secured by chain. R 179.12-4 Application to tank. (a) Interior heater systems shall be SO constructed that the breaking off of their external connections will not cause leakage of contents of tank. (b) Inlets and outlets may be located in any portion of dome. shell, heads. or steam jacketed outlet provided proper drainage of heater system is accomplished. (c) If ends of coils are not attached to a manifold or steam jacketed outlet, they shall be attached to pads or reinforcements. Such reinforcements must be attached to tank in compliance with the requirements of the tank specification. (1) Outside pipe connections to steam colls shall not be an integral part of the interior coils and shall be screwed or welded, or both, into outside of pads or reinforcements. (d) All piping shall be secured SO as to permit necessary expansion and contraction. $ 179.12-5 Tests. (a) Each interior heater system shall be hydrostatically tested at not less than 200 psi and shall hold the pressure for 10 minutes without leakage or evidence of distress. § 179.12-6 Reports. (a) The Certificate of Construction for the completed car shall indicate installation of interior heater system and date of initial hydrostatic test. 179.12-7 Stenciling. (a) To indicate that tank is equipped with interior heater system, the tank, or the jacket if tank is insulated, shall be stenciled in compliance with the applicable requirements of AAR Specifications for Tank Cars, Appendix C. $ 179.13 Tank car capacity and gross weight limitation. Tank cars built after November 30, 1970, must not exceed 34,500 gallons capacity or 263,000 pounds gross weight on rail. Existing tank cars may not be converted to exceed 34,500 gallons capacity or 263,000 pounds gross weight on rail. (Amdt. 179-4, 35 FR 14217. Sept. 9. 1970) $ 179.11 Tank car couplers. (a) All tank cars built after January 1. 1971. must be equipped with interlocking automatic couplers that will resist car telescoping and jackknifing in derailments and in emergency stops, and that have been approved by the Federal Railroad Administrator. (1) Effective November 9, 1977. couplers designated by the Association of American Railroads Catalog Nos. SE60CHT, SE60CHTE SF70CHT and SF70CHTE are approved. $ 179.100 (2) Effective January 1, 1978. couplers designated by the Association of American Railroads' Catalog Nos. SE67BHT, SE67BHTE, SE68BHT, SE68BHTE. SF73AHT, SF73AHTE, SF79CHT, and SF79CHTE are approved. 149 U.S.C. 1803, 1804. 1808; 49 CFR 1.53(e)) [Amdt. 179-11, 37 FR 3058, Feb. 11, 1972, as amended by Amdt. 179-20, 42 FR 61465, Dec. 5. 1977; Amdt. 179-21. 43 FR 7436, Feb. 23, 1978: Amdt. 179-27, 46 FR 8011, Jan. 26, 1981) Subport C-Specifications for Pressure Tank Car Tanks (Classes DOT- 105, 109, 112, and 114) $179.100 General specification applicable 10 pressure tank car tanks. 9 179.100-1 Tanks built under these specifications shall comply with the requirements of 99 179.100, 179.101 and when applicable, $5 179.102, 179.103, and 179.101. $ 179.100-2 Approval. (a) For procedure for securing approval see § 179.3. $ 179.100-3 Type. (a) Tanks built under this specification shall be fusion-welded with heads designed convex outward. Except as provided in § 179.103 or $ 179.104 they shall be circular in cross section. shall be provided with a manway nozzle on top of the tank of sufficient size to permit access to the interior, a manway cover to provide for the mounting of all valyes, measuring and sampling devices, and a protective housing. Other openings in the tank are prohibited, except as provided in Part 173 of this chapter, $$ 179.100-14, 179.101-1 (a) Table Note 10, 179.102 or $ 179.103. 129 FR 18995, Dec. 29. 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21344, Nov. 6, 1971) $ 179.100-4 Insulation. (a) If insulation is applied, the tank shell and manway nozzle must be insulated with an approved material. The entire insulation must be covered with a metal jacket of a thickness not less than 11 gauge (0.1196 inch) nominal Title 49-Transportation (Manufacturers' Standard Gauge) and flashed around all openings SO as to be weather-tight. The exterior surface of a carbon steel tank, and the inside surface of a carbon steel jacket must be given a protective coating except that a protective coating is not required when foam-in-place insulation that adheres to the tank or jacket is applied. (b) If insulation is a specification requirement, it shall be of sufficient thickness so that the thermal conductance at 60° F is not more than 0.075 Btu per hour, per square foot, per degree F temperature differential. If exterior heaters are attached to tank, the thickness of the insulation over each heater element may be reduced to one-half that required for the shell. [29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606. Apr. 5, 1967, and amended by Amdt. 179-10. 36 FR 21344, Nov. 6. 1971] $ 179.100-5 Bursting pressure. (a) The minimum required bursting pressure is listed in § 179.101. $ 179.100-6 Thickness of plates. (a) The wall thickness after forming of the tank shell and heads must not be less than that specified in $ 179.101, nor that calculated by the following formula: t=Pd/2SE where: d Inside diameter in inches; welded joint efficiency: except for heads with seams =Minimum required bursting pressure in p.s.i.; =Minimum tensile strength of plate material in p.s.i., as prescribed in $ 179.100-7; =Minimum thickness of plate in inches after forming. (b) If plates are clad with material having tensile strength properties at least equal to the base plate. the cladding may be considered a part of the base plate when determining thick. ness. If cladding material does not have tensile strength at least equal to the base plate, the base plate alone shall meet the thickness requirement. (c) When aluminum plate is used, the minimum width of bottom sheet of tank shall be 60 inches. measured on the arc, but in all cases the width Chapter I-Research and Special Programs Administration $ 179.100-9 shall be sufficient to bring the entire width of the longitudinal welded joint. including welds, above the bolster. 129 FR 18995. Dec. 29. 1964. Redesignated at 32 FR 5606, Apr. 5. 1967. and amended by Amdt. 179-10, 36 FR 21344. Nov. 6. 1971) $ 179.100-7 Materials. (a) Steel plate: Steel plate materials used to fabricate tank shell and manway nozzle must comply with one of the following specifications with the indicated minimum tensile strength and elongation in the welded condition. The maximum allowable carbon content must be 0.31 percent when the individual specification allows carbon greater than this amount. The plates may be clad with other approved materials. Minimum Minimum elongation tensile in inches Specifications strength (percent) (p.s.i) welded welded condition condition' (longitude nall ASTM A 515-70, Gr. 55 55,000 28 ASTM A 515-70, Gr. 60 60,000 25 ASTM A 515-70, Gr. 65 65,000 20 ASTM A 515-70, Gr. 70. 70,000 20 ASTM A 285-70a. Gr. A 45,000 29 ASTM A 285-70a. Gr. 8 50,000 20 ASTM A 285-70a. Gr. C 55,000 20 ASTM A 516-70a. Gr. 55 55,000 28 ASTM A 516-70a. Gr. 60 60,000 25 ASTM A 516-70a. Gr. 65 65,000 20 ASTM A 516-70a. Gr. 70 70,000 20 AAR TC128-70. Gr A and 8 81,000 19 ASTM A 537-70. Gr A 70,000 23 ASTM A 302-70a, Gr. B 80,000 20 'Maximum stresses to be used in calculations (b) Aluminum alloy plate: Aluminum alloy plate material used to fabricate tank shell and manway nozzle must be suitable for fusion welding and must comply with one of the following specifications with its indicated minimum tensile strength and elongation in the welded condition. 'For tabrication, the parent plate material may be O. H112. or H32 temper. but design calculations must be based on minimum lensile strength shown Minimum Mainum elongation terse in inches strength (percent) 0 Specifications temper temper welded welded condition condition (longitude nal) ASTM a 209-70, Alloy 5052 25 000 18 ASTM B 209-70. Alloy 5083 38 000 16 ASTM B 209-70. Alloy 5086 35.000 14 ASTM B 209-70, Alloy 5154 30,000 18 ASTM B 209-70 Alloy 5254 30,000 18 ASTM a 209-70. Alloy 5454 31,000 18 ASTM 8 209-70. Alloy 5652 25,000 18 ASTM B 209-70. Alloy 6061 24,000 '5 "0 temper only "Weld liller metal 5556 must not be used 'Not authorized for tank shells, manways or domes *T6 temper only. *Maximum stress 10 be used in calculations (c) All attachments welded to tank shell must be of approved material which is suitable for welding to the tank. [Amdt. 179-10, 36 FR 21344. Nov. 6, 1971) $ 179.100-8 Tank heads. (a) The tank head shape shall be an ellipsoid of revolution in which the major axis shall equal the diameter of the shell adjacent to the head and the minor axis shall be one-half the major axis. (b) Each tank head made from steel which is required to be "fine grain" by the material specification, which is hot formed at a temperature exceeding 1700' F., must be normalized after forming by heating to a temperature between 1550' and 1700' F., by holding at that temperature for at least 1 hour per inch of thickness (30-minute minimum), and then by cooling in air. If the material specification requires quenching and tempering, the treatment specified in that specification must be used instead of the one specified above. [29 FR 18995, Dec. 29. 1964. Redesignated 32 FR 5606. Apr. 5. 1967 and amended by Amdt. 179-12. 39 FR 15038. Apr. 30, 1974) $ 179.100-9 Welding. (a) All joints shall be fusion-welded in compliance with the requirements of AAR Specifications for Tank Cars, Appendix W. Welding procedures, ANEJO B10 40 CFR 124.15 Issuance and effective date of permit DECISIONMAKING PROCEDURES Anejo B10 101:0808.1 also extend the comment period by so stating at the hearing. (d) A tape recording or written transcript of the hearing shall be made available to the public. (e) At his or her discretion. the Regional Administrator may specify that RCRA and UIC permits be processed under the procedures in Subpart F. § 124.13 Obligation to raise issues and provide Information during the public comment period. All persons, including applicants. who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position. including all supporting material. by the close of the public comment period (including any public hearing} under § 124.10. All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding. or consist of State or Federal statutes and regulations, EPA documents of general applicability. or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to EPA as directed by the Regional Administrator. (A comment period longer than 30 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they should be freely established under § 124.10 to the extent they appear necessary.) § 124.14 Reopening of the public comment period. (a) If any data information or arguments submitted during the public comment period. including information or arguments required under § 124.13, appear to raise substantial new questions concerning a permit. the Regional Administrator may take one or more of the following actions: (1) Prepare a new draft permit, appropriately modified, under $ 124.6; (2) Prepare a revised statement of basis under § 124.7, a fact sheet or revised fact sheet under § 124.8 and reopen the comment period under $ 124.14; or (3) Reopen or extend the comment period under § 124.10 to give interested persons an opportunity to comment on the information or arguments submitted. (b) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under § 124.10 shall define the scope of the reopening. (c) For RCRA, UIC, or NPDES permits, the Regional Administrator may also, in the circumstances described above, elect to hold further proceedings under Subpart F. This decision may be combined with any of the actions enumerated in paragraph (a) of this section. (d) Public notice of any of the above actions shall be issued under § 124.10. $ 124.15 Issuance and effective date of permit. (a) After the close of the public comment period under § 124.10 on a draft permit, the Regional Administrator shall issue a final permit decision. The Regional Administrator shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a RCRA. UIC, or PSD permit or for contesting a decision on an NPDES permit or a decision to terminate a RCRA permit. For the purposes of this section. a final permit decision means a final decision to issue. deny. modify. revoke and reissue, or terminate a permit. (b) A final permit decision shall become effective 30 days after the service of notice of the decision under paragraph (a) of this section, unless: (1) A later effective date is specified in the decision; or (2) Review is requested under § 124.19 (RCRA, UIC. and PSD permits) or an evidentiary hearing is requested under $ 124.74 (NPDES permit and RCRA permit terminations); or (3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance. $ 124.16 Stays of contested permits conditions. (a) Stays. (1) If a request for review of a RCRA or UIC permit under § 124.19 or an NPDES permit under § 124.74 or $ 124.114 is granted or if conditions of a RCRA or UIC permit are consolidated for reconsideration in an evidentiary hearing on an NPDES permit under §§ 124.74, 124.82 or 124.114, the effect of the contested permit conditions shall be stayed and shall not be subject to judicial review pending final agency action. (No stay of a PSD permit is available under this section.) If the permit involves a new facility or new injection well, new source. new discharger or a recommencing discharger. the applicant shall be without a permit for the proposed new facility. injection well, source or discharger pending final agency action. See also § 124.60. (2) Uncontested conditions which are not serverable from those contested shall be stayed together with the contested conditions. Stayed provisions of permits for existing facilities, injection wells, and sources shall be identified by the Regional Administrator. All other provisions of the permit for the existing facility. injection well. or source shall remain fully effective and enforceable. (b) Stays based on cross effects. (1) A stay may be granted based on the grounds that an appeal to the Administrator under § 124.19 of one permit may result in changes to another EPA-issued permit only when each of the permits involved has been appealed [Sec. 124.16(b)(1)] 8-5-83 Published by THE BUREAU OF NATIONAL AFFAIRS INC., Washington. D.C. 20037 ANEJO B11 40 CFR 264.151 Working of the Instruments PERMITTED FACILITIES STANDARDS Anejo B11 S-618 (b) If a State's assumption of responsibility is found acceptable as specified in paragraph (a) of this section except for the amount of funds available. the owner or operator may satisfy the requirements of this Subpart by use of both the State's assurance and additional financial mechanisms as specified in this Subpart. The amount of funds available through the State and Federal mechanisms must at least equal the amount required by this Subpart. 264.151 Wording of the instruments. [264.151(a) (f) revised by 47 FR 15047, April 7, 1982] (a)(1) A trust agreement for a trust fund. as specified in 264.143(a) or 284.145(a) or 265.143(a) or 285.145(a) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets. deleted: Trust Agreement Trust Agreement, the "Agreement." entered into as of [date] by and between [name of the owner or operator]. 8 [name of State] [Insert "corporation." "partnership." "association," or "proprietorship"]. the "Grantor," and [name of corporate trustee]. [insert "incorporated in the State of or "a national bank"]. the "Trustee." Whereas. the United States Environmental Protection Agency, "EPA." an agency of the United States Government. has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility shall provide assurance that funds will be available when needed for closure and/or post-closure care of the facility. Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein. Whereas, the Grantor. acting through its duly authorized officers. has selected the Trustee to be the trustee under this agreement. and the Trustee is willing to act as trustee. Now, Therefore. the Grantor and the Trustee agree as follows: