Rohm and Haas Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 40D Seventh St., S.W. Research and Special Programs Administration AUG - 9 2000 Ref. No. 00-0093 Mr. Laurent S. Vesier 100 Independence Mali West Rohm and Haas Company Philadelphia, PA 19106-2399 Dear Mr. Vesier: lhis is in response to your letter requesting clarification of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning persons who maintain, retest and inspect intermediate bulk containers (IBCs). Your questions are paraphrased and answered below. 01. Must a person who performs periodic tests and inspections on IBCs in accordance with § 180.352 obtain prior approval from the Associate Administrator for Hazardous Materials Safety as a third party inspector? Al. NO. The periodic retests and inspections done on an IBC may be performed by any qualified person. Q2. Must a person who performs maintenance on an IBC be employed by the IBC owner? A2. No. The person may be employed by the owner or a third party. 03. Must a person who performs the requalification functions prescribed in § 180.352 be trained under the 49 CFR? If so, what specific training is required? A3. The HMR requires that a hazmat employer must ensure that all hazmat employees are trained in accordance with Subpart H of Part 172. As defined in § 171.8, a hazmat employee is a person who performs functions that directly affects hazardous materials transportation safety. These functions include the testing, reconditioning, repairing, marking or representation 000093 -#

Page 2of packagings as being qualified for use in hazardous required in $ 180.352 meets the definition of a hazmat materials transportation. A person performing the functions employee and, therefore, is required to be trained and tested. With regard to specific training for a hazmat employee, $ 172.704 provides the minimum training requirements, however, the specific training needs applicable to the functions of a it is the responsibility of the hazmat employer to determine hazmat employee. need additional assistance. I hope this information is helpful. Please contact us if you Sincerely, Hothe smithell Hattie I. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3TELEPHONE (215) 592-30D0 DO INDEPENDENCE MALL WEST CABLE ADDRESS: ROHMHAAS PHILADELPHIA, PA 19106-2399 U.S.A. CENTRAL FAX (215) 592-3377 REPLY TO: BOX 584 ENGINEERING DIVISION BRISTOL, PA 19007 (215) 785-7000 FAX (215) 785-7458 ROHM HAAS March 24, 2000 Melatyre COMPANY Mr. Edward Mazzullo { |8038 Director of Office of Hazardous Materials Standards US-DOT RSPA (DHM-10) CC 172.704 400 7% Street SW 00-0093 WASHINGTON, DC 20590-0001 Dear Mr. Mazzullo: As an engineer with Rohm and Haas Company, I am requesting a document from DOT on IBC's maintenance. 'A location in our company maintains and recertifies the IBC's it owns in accordance with 49 CFR 180.352 by sending these IBC's to a DOT approved third party company. Our intent is to maintain and recertify these IBCS per CFR 180.352 at the IBC owner location. Conversation with DOT personnel and review of the DOT regulations indicates that the IBC owner does not need a specific DOT approval in order to carry out the maintenance and recertification process. For the purposes of our internal documentation, I am simply requesting a reply letter pom your DOp services elating that we ear ongo ain house that process arTBe owner weaton under CFR 180.332 egatrements and inskeeping that an ecord rate past the recertification process. As another request, could you also indicate if the workedeing maintenance and testing on an IBC per 180.352 raquire AvAteing and if so, what specific training is required of the maintenance and test worker? Does the maintenance worker need to be employed directly by the owner or can the maintenance worker be employed by a third party to do the work at the IBC owner location? Thank you for your help in this matter. Sincerely, / Laurent S. Vesier Materials Engineer LSV:cg 00-236#