{"operation":"document","citation":"03-0266","title":"The Sherwin-Williams Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-08-25","effective_on":null,"summary":"03-0266 response to The Sherwin-Williams Company concerning 173.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0266.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0266.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0266","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030266.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nSpecial Programs\nResearch and\nAUG 25 2004\nAdministration\nMs. Sarah L. Basham\nReference: 03-0266\nDirector of Transportation\nCorporate Regulatory Affairs\nThe Sherwin-Williams Company\n101 West Prospect Avenue\nCleveland, OH 44115-1075\nDear Ms. Basham:\nThis letter replaces our November 21, 2003 response concerning the provisions for reuse of\npackagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your\ncompany reuses empty non-bulk specification drums for temporary storage and disposal of\nhazardous waste. You ask if you must bring the drums into compliance with Part 178 as\nspecified in § 173.22(a)(4) or whether you can take advantage of the exception for reuse of a\npackaging as specified in § 173.12(c). Our earlier response was in error and is corrected below.\nI apologize for any inconvenience this may have caused.\nSection 173.12(c) authorizes the reuse of a previously used packaging for the shipment of\nwaste material transported for disposal and recovery under certain conditions. The packagings\nare not subject to the reconditioning and reuse provisions contained in § 173.28 and the\nassociated marking requirements in Part 178. Also they are not excepted from other applicable\nPart 178 requirements. Therefore, as prescribed in § 173.22(a)(4), the shipper must perform all\nother functions necessary to bring the package into compliance, such as closing the package\nconsistent with the manufacturer's written closure instructions.\nI hope this information is helpful.\nSincerely,\nHotte z. Mithel\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n030266\n113.12\n\n<<<PAGE 2>>>\n\nCorbin\n$173.12\nExceptions\nEnvironmental, Health, &\nRegulatory Services 03-0266\nTHE SHERWIN-WILLIAMS COMPANY\nCLEVELAND, OH 44115-1075\n101 WEST PROSPECT AVENUE\nVIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 16, 2003\nDirector of Office of Hazardous Materials Standards\nMr. Edward T. Mazzullo\n400 7* Street SW\nUSDOT/RSPA (DHM-10)\nWashington, DC 20590-001\nDear Mr. Mazzullo:\nwaste. The waste drums are picked up at our facilities at regular intervals by licensed hazardous waste\nOur company reuses empty UN-certified 55-gallon drums for the temporary storage and disposal of hazardous\ntransporters and taken to disposal facilities.\nIn 49CFR §173.22(a)(4) the regulations indicate that when dealing with packaging subject to the requirements\nmanufacturer, to bring the package into compliance. In other words, the shipper is instructed to specifically\nof part 178, it is the shipper's responsibility to perform all functions necessary, as identified by the packaging\nfollow the closure instructions the manufacturer provides for any UN-packaging used.\nIn 49CFR §173.12(c) the one-time reuse of UN-packaging for the transport of hazardous waste is authorized.\nThe regulations in that section indicate that such reused packagings are not subject to the requirements of part\nBased on these regulations, our question is whether the requirements of 173.22(a)(4) apply to UN-approved\ninstructions from the original manufacturer or distributor available and to have directed personnel in following\ndrums that are being reused for hazardous waste. Specifically, is it necessary to have written closure\nthose closure instructions? Can you please provide a written interpretation in response to this question?\nThank you for your prompt assistance with this matter.\nSincerely,\nTHE SHER WIN-WILLIAMS COMPANY\nSandra L. Basham\nDirector of Transportation\nCorporate Regulatory Affairs","truncated":false,"body_characters":3624}