{"operation":"document","citation":"04-0111","title":"Kraton Polymers — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-06-15","effective_on":null,"summary":"04-0111 response to Kraton Polymers concerning 173.28, 178.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0111.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0111.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0111","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040111.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nJUN 15 2004\nMr. William Reinike\nRef. No. 04-0111\nDOT Focal Point\nKraton Polymers\n2982 Washington Boulevard\nBelpre, OH 45714-0235\nDear Mr. Reinike:\nThis is in response to your April 30, 2004 letter requesting clarification of the Hazardous\nMaterials Regulations (HIMR; 49 CFR Parts 171-180) applicable to the reuse of stainless steel\ndrums. You state you have five stainless steel drums designed and fabricated with a wall\nthickness of 0.104 inches. The drum capacities are 15 and 30 gallons. The drums are equipped\nwith valves and a pressure gauge, and any applied pressure is low. The drums are to be used in\ndedicated service to contain and transport polymer cement by truck between your plant in Ohio\nand your research facility in Texas. You have a contract with carrier, but the transport vehicle\nmay contain freight from other customers.\nYou ask whether drums used in dedicated service are subject to the leakproofness test in\naccordance with § 173.28(b)(2) each time they are refilled or whether periodic testing is an\nallowed alternative and whether your contractual agreement meets the intent of \"exclusive use\"\nas stated in the HMR. You ask whether anyone has asked for and received relief from this\nspecific requirement when using LTL carriers.\nThe transportation movement as described does not conform to the requirements in § 173.28.\nThe reuse provisions in § 173.28 require ali packagings and receptacles used more than once to\nconform in all respects to the HMR. The exception from leakproofness testing in § 173.28(b)(7)\nis intended to apply only to a drum that is in dedicated service and transported in a transport\nvehicle under the exclusive use of the refiller. \"Exclusive use\" means that the transport vehicle\ncontractual agreement as described does not meet the intent of \"exclusive use\" as stated in the\nloes not contain any material offered by anyone other than the filler of the drums. You\nHMR. Therefore, your drums are subject to a leakproofness test prior to reuse.\n173-284\n040111\n\n<<<PAGE 2>>>\n\nInquiries concerning exemptions should be addressed to the Office of Hazardous Materials\nExemptions and Approvals, 202-366-4511. The Office of Hazardous Materials Exemptions and\nApprovals has not issued any exemptions that relieve the requirement for \"exclusive use\"\nregarding reuse of packagings.\nI hope this information is helpful.\nSincerely,\nChief, Standards Development\n(Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nKRATON\"\nPolymers\nFoster\nBELPRE PLANT\n§173.28\nApril 30, 2004\n§178.104\nMr. Edward Mazzullo\nTesting Reuse\nOffice of Interpretations\nResearch and Special Programs Administration\n04-011/\nU.S. Department of Transportation\nWashington, D.C. 20590\nDear Mr. Mazzullo:\nReference 173.28(b)(2)(i) and 17.28(b)(7)(iii)\nWe respectively ask for your help in clarifying two specific regulations affecting the\nreuse of open-top stainless steel drums. The following background information may\nhelp explain the questions.\nWe have 5 stainless steel UN1A2 drums. The drums were custom designed and\nfabricated with a wall thickness of 0.104 inches, which exceeds the minimum thickness\nrequirements found in 173.28(b)(4)(i). Drum capacities are 15 gallons (~57 liters) and\n30 gallons (~114 liters). The drums are equipped with valves and a pressure gauge.\nAny applied pressure is very low. (Please see attached photos.)\nWe plan to use the drums in dedicated service to contain and transport polymer cement\nby truck between our plant in Ohio and our research facility in Texas. The cement\nmeets the definition of a flammable liquid, PGII. Sometimes the cement may contain a\ncorrosive material as a secondary hazard.\nHere are my questions:\n• 173.28(b)(2)(i): Since the drums are used in a dedicated service, must we apply\nthe leak-proof test each and every time they are refilled? Or may we apply\nperiodic testing instead. If periodic testing is permitted, what is the correct\ninterval for a stainless steel drum with a design like ours?\n• 173.28(b)(7)(iii): We ship the loaded drums individually via an LTL carrier.\n(Given the distance between our plant and the research facility, the cost of using\na dedicated truckload carrier would be prohibitive.) We have a contract with the\ncarrier, but the transport vehicle may contain freight from other customers.\nDoes the contractual agreement: with the carrier meet the intent of \"exclusive\nuse\" as stated in the regulation? Has anyone asked for and been granted relief\nfrom this specific requirement when using LTL carriers?\n2982 Washington Boulevard • P.O. Box 235 • Belpre, OH 45714-0235\nTelephone: 740-423-7571 • Fax: 740-423-2309\n\n<<<PAGE 4>>>\n\nIf you need clarification of further information, please contact me direct at\n(740) 423-2261 or bill.reinike@kraton.com. As always, I thank you and your staff for\ntheir assistance.\nSincerely,\nWilliam (Bill) Reinike\nDOT Focal Point\n173.28(b)(2)(i) and","truncated":false,"body_characters":5011}