Dinda & Associates Incorporated — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh St., S.W. of Transportation Washington, D.C. 20590 Special Programs Research and JAN - 9 2001 Administration Mr. John F. Dinda, Jr. Regulatory Compliance Associate Ref. No. 00-0262 Dinda & Associates Incorporated 525 Shady Retreat Road Doylestown, PA 18901 Dear Mr. Dinda: Thu respond to an in leer te audio tailer proof use sting Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire whether an IBC intended to contain are not discharged under pressure must be specified in § 180.352 (b) (1). You state that it is your tested under the periodic retest requirements understanding the leakproofness test is required only when the IBC is used for liquids that are loaded or discharged under pressure. Your understanding of this provision is not correct. Section 180.352 (b) (1) states that performance of the leakproofness test is required for each IBC intended to contain solids that are loaded or discharged under pressure and for each IBC intended to contain liquids regardless of the method of discharge. We will consider clarifying this provision in a future rulemaking. be of further assistance. I trust this satisfies your inquiry. Please contact us if we can Sincerely, Hotte z mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 180.352 000262#

Page 2Stevens $178.813 A socia . ssociates 2180.352 (b) Incorporated Leakproofness test September 18, 2000 Research and Special Programs Administration 00-0262 Office of Hazardous Materials Standards (DHM-10) 400 Seventh Street, SW U.S. Department of Transportation Washington, DC 20590-0001 Reference: §180.352(b)(1), 49 CFR Gentlemen: Section 180.352(b)(1) states, "Each IBC intended to contain liquids or solids that are loaded or discharged under pressure must be tested in accordance with the leakproofness test prescribed in §178.813 of...," and is clearly intended for the retest of leakproofness test in accordance with paragraph (f) of this section on each intermediate The wording used at §178.801(c)(5) states. "Production testing is the performance of the bulk container intended to contain solids discharged by pressure or intended to contain I understand §180.352(b)(1) to mean liquids loaded or discharged under pressure or solids loaded or discharged under pressure. If my understanding is correct, then the is to contain liquids not loaded or discharged under pressure. effect is that leakproofness testing is not required for IBCs every 2.5 years when the IBC production and then exempting that IBC from leakproofness testing when reused if the The regulations as written would appear to require leakproofness testing for an IBC upon contents is liquids not loaded or discharged under pressure. Please clarify the requirements for leakproofness testing of IBCs refilled with liquids not loaded or discharged under pressure. I can be reached at (215) 230-9236 at any time. Regulatory Compliance Associate 525 Shady Retreat Road, Doylestown, PA 18901 VISIT OUR WEBSITE @ http://www.DindaInc.com 215-230-9236 tel 215-230-7239 fax#