Bonar Plastics — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety MAY Administration 5 2005 Mr. Gustavo Cuevas Ref No. 05-0040 Plant Manager Bonar Plastics 1005 Atlantic Drive West Chicago, IL 60185 Dear Mr. Cuevas: This is in response to your letter dated February 14, 2005 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to testing and marking of Intermediate Bulk Containers (IBCs). Specifically, you state that your company manufactures IBCs certified for use with materials of 1.2 specific gravity that have recently been re-certified for use with materials of 1.5 specific gravity without undergoing a design change. You ask whether your IBCs currently in use may be re- marked for use with materials of 1.5 specific gravity without being re-tested. As specified by § 178.801, it is the responsibility of the IBC manufacturer to assure that each IBC is capable of passing the prescribed tests in Subpart O of the HMR. In addition, the application of the certification mark by the manufacturer constitutes certification that the IBC design type passed the prescribed tests in Subpart O of the HMR, including the periodic design requalification test. Provided your IBCs currently in use meet the testing and certification requirements as specified in the HMR, you may re- mark them to indicate that they are authorized for use with materials of 1.5 specific gravity without retesting. I hope this information is helpful. Sincerely, Xin: thy Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173-24a6 050040#

Page 2Foster §173.24a(b)3) BONAR TIC S Non Bulk Packaging 1005 ATLANTIC DRIVE 05-004D WEST CHICAGO, IL 60185 TOLL FREE 800.295.3725 PH 630.293.0303 FAX 630.293.0930 February 14, 2005 U.S Department of Transportation Research and Special Programs Administration Attn: DHM-10 00 7" Street S.W Vashington D.C. 2059 Subject: IBC Remarking To whom it may concern: Bonar Plastics has produced an IBC for several years that was certified for use with a 1.2 specific gravity material. There were no changes of any kind made to the design of this specific gravity material. Recently this same container was re-certified for use with a 1.5 unit to get the new certification. What we are wondering is, can existing units currentl narked with the old U.N. number, out in the field, be remarked with the new U.N. umber without undergoing any retesting, or will the old units have to be retested before eing remarked? We would like to thank you for your assistance with this issue and look forward to hearing your response. If you require any further information, I can be reached at (630)- 293-0303. Sincere regards, Gustavo Cuevas Plant Manager Cc: Johr. Cali Rick: Raz Ken McKenzie John Bielby www.bonarplastics.com A division of Low and Bonar#