Diversey Lever — Hazardous Materials Safety Interpretation

Page 1S. Departmen 400 Seventh Street, S.W. f Transportatio Washington, D.C. 20590 JAN 17 2001 Mr. Robert Budzn Ref. No. 00-0227 Coordinator Regulatory Affairs Diversey Lever 3630 E. Kemper Road Cincinnati, OH 45241 Dear Mr. Budzn: This is in response to your August 11, 2000, letter regarding clarification of the provisions in S$ 173.28 and 173.29 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) . Your questions are paraphrased and answered as follows: Q1: Must the minimum thickness be marked on a drum each time it is reused even if the manufacturer has already marked the drum with the minimum thickness at the time of manufacture. A1: The answer is no. To reuse a metal or plastic drum used as single packaging or as an outer packaging of a permanent manner with the nominal or minimum thickness of composite packaging, the drum must be marked in a the packaging material (§ 173.28 (b) (4)). A packaging not marked at the time of manufacture with the nominal or minimum thickness may be permanently marked at a later date by the reuser or reconditioner provided the integrity of the container is not degraded and the packaging was initially intended to be reused. 02: How is the term "exclusive use of the refiller" defined with respect to S 173.28 (b) (7) (iii)? A2: "Exclusive use of the refiller" as referenced in § 173.28 (b) (7) (iii) means the transport vehicle may not carry materials shipped by any person other than the refiller of the drums. Q3: What is required to confirm that a contracted carrier is operating under • "exclusive use" as specified in § 173.28 (b) (7) (iii). 17328 000227#

Page 2A3: There are no specific requirements under the HMR to confirm that a contracted carrier is operating under "exclusive use." 04: Are labels required on drums that contain only the residue of a hazardous material? A4: The answer is yes. Section 173.29 (a) requires an empty packaging that contains only the residue of a hazardous material to be transported in the same manner as when it previously contained a greater quantity of that hazardous material. I hope this satisfies your request. Suhan 18 f Chief, Standards Development Office of Hazardous Materials Standards#

Page 3BAH DiverseyLever 1& / Reglonal luchnical Center Nonh Anterica 3630 East Kemper Hoad Tel (519)3362564 Fax (513) 256259/ Reuse of Packagings August 11, 2000 00-0227 Dirccior of Hazardous Material Standards Mr. Edward Mazzullo FAX. #1-202-366-3012 U.S. D.O.T. Hot line # 1-800-467-4922 Mr. Mazzallo, In sporking with Mir. Michael Steven of the Tot line response group a nunher of qucstions wero asked of Lie questions had responses as anticipated, others, specifically 173.28 (7)(ili), questions needed additional the DOT related to scctions 173.28 and 173.29 of the 49 CMR as related to recycling of packaging. Some of feedback and duc to that, Mr. Steven indicated a letler should be submitted to you for a formal written reply lo addross the questions asked and are as follows. / low is "dedicated" and "Exclaive use" define with respect to the exemption of not having lo do thi : 2. Whal should label status be on the empty containers? leakproof testing if recycling? v3,If a contracted transport carrier complios to dedicaled, what is necded to confirm this? A.Il a contract carrier picks up material other than the contracted (rcyclc) matcrial, who becamcs liable lor 05. Are their alteralives lo stamping the current wall thickness into the packaging? the violation? Product would be manufactured at company site. These would be flic possible given paramciers. Product is sont from company manufacturing site either by a- company vehicic or by b- conmon carricr lo UN certificd prodnet package is used. company distribution center. my conners are roland to company distibution conter on company owned vehicle from customer roduct is sent from company distribution conter to customer on conpany owned vehicle: 1- by company owned chicle or b- a contracied (dedicated) transport carrier clur of empries to manufacturing site from company distribution center is possibly done in two manners Product rofilled is same or similar product (ic. Soap/Detergenl). Once returned, container is cleaned. Resond out is in beginning.#