The Sherwin-Williams Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and AUG 25 2004 Administration Ms. Sarah L. Basham Reference: 03-0266 Director of Transportation Corporate Regulatory Affairs The Sherwin-Williams Company 101 West Prospect Avenue Cleveland, OH 44115-1075 Dear Ms. Basham: This letter replaces our November 21, 2003 response concerning the provisions for reuse of packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your company reuses empty non-bulk specification drums for temporary storage and disposal of hazardous waste. You ask if you must bring the drums into compliance with Part 178 as specified in § 173.22(a)(4) or whether you can take advantage of the exception for reuse of a packaging as specified in § 173.12(c). Our earlier response was in error and is corrected below. I apologize for any inconvenience this may have caused. Section 173.12(c) authorizes the reuse of a previously used packaging for the shipment of waste material transported for disposal and recovery under certain conditions. The packagings are not subject to the reconditioning and reuse provisions contained in § 173.28 and the associated marking requirements in Part 178. Also they are not excepted from other applicable Part 178 requirements. Therefore, as prescribed in § 173.22(a)(4), the shipper must perform all other functions necessary to bring the package into compliance, such as closing the package consistent with the manufacturer's written closure instructions. I hope this information is helpful. Sincerely, Hotte z. Mithel Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 030266 113.12#

Page 2Corbin $173.12 Exceptions Environmental, Health, & Regulatory Services 03-0266 THE SHERWIN-WILLIAMS COMPANY CLEVELAND, OH 44115-1075 101 WEST PROSPECT AVENUE VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED October 16, 2003 Director of Office of Hazardous Materials Standards Mr. Edward T. Mazzullo 400 7* Street SW USDOT/RSPA (DHM-10) Washington, DC 20590-001 Dear Mr. Mazzullo: waste. The waste drums are picked up at our facilities at regular intervals by licensed hazardous waste Our company reuses empty UN-certified 55-gallon drums for the temporary storage and disposal of hazardous transporters and taken to disposal facilities. In 49CFR §173.22(a)(4) the regulations indicate that when dealing with packaging subject to the requirements manufacturer, to bring the package into compliance. In other words, the shipper is instructed to specifically of part 178, it is the shipper's responsibility to perform all functions necessary, as identified by the packaging follow the closure instructions the manufacturer provides for any UN-packaging used. In 49CFR §173.12(c) the one-time reuse of UN-packaging for the transport of hazardous waste is authorized. The regulations in that section indicate that such reused packagings are not subject to the requirements of part Based on these regulations, our question is whether the requirements of 173.22(a)(4) apply to UN-approved instructions from the original manufacturer or distributor available and to have directed personnel in following drums that are being reused for hazardous waste. Specifically, is it necessary to have written closure those closure instructions? Can you please provide a written interpretation in response to this question? Thank you for your prompt assistance with this matter. Sincerely, THE SHER WIN-WILLIAMS COMPANY Sandra L. Basham Director of Transportation Corporate Regulatory Affairs#