PTP Consulting, Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Depanmer 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration NOV 8 2005 Ms. Carol Brozosky Ref. No. 05-0226 PTP Consulting, Inc. 1531 Kings Highway Swedesboro, NJ 08085 Dear Ms. Brozosky: This is in response to your letter requesting clarification of the Hazardous Materials 24-hour holding time requirement for the reuse of packagings for the shipment of Regulations (HMR; 49 CFR Parts 171-180) regarding § 173.12(c), which establishes a hazardous wastes. You ask whether the requirement applies to both non-bulk and bulk packagings. Section 173.12(c) applies to non-bulk packagings only. With respect to bulk packagings, § 173.24 addresses the responsibility of the person offering a hazardous material for transportation, including ensuring that bulk packagings, as well as non-bulk packagings, do not leak; are compatible with the lading; and have no significant chemical or galvanic reaction between the materials and the contents of the packages. Further, § 173.24b' requirements specific to portable tanks; and § 173.33 contains additional requirements contains additional requirements for bulk packagings; § 173.32 contains additional specific to cargo tank motor vehicles. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Hottak Metho Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.12(c) 050226#

Page 2• 09/14/2005 08:23 8564679643 PAGE 01 pte ogress Traugh Performan ONSULTING, INK 856-467-5400 • Fax: 856-467-9643 • url: http://ehsprogress.com • info@ehsprogress.com PTP Consulting, Inc. • 1531 Kings Highway • Swedesboro, NJ 08085 September 13, 2005 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards US DOT/ RSPA (DHM-10) M'Intyre 400 7' St., S. W. $/13.12 (c) Washington, DC 20590-0001 FAX: 202-366-3012 Reuse Packaging Dear Mr. Mazzullo: 05-0226 PTP Consulting has been requested to assist with a regulatory issuc applicable to transporting hazardous waste in a highway tanker, which was loaded from approximately one hundred 55-gallon drums of various wastestreams - presumably compatible with each other. My question is twofold: First, we are seeking an interpretation under 49 §CFR 173.12 (c), where it describes conditions for the reuse of a packaging for the pupose of shipping a waste material. In 49 §CFR 173.12 (c), it explains that a previously used packaging - not subject to reuse or reconditioning provisions - may be used under five listed conditions within the same paragraph. Condition 3 discusses the requirement that the packaging shall not be offered for transportation less than 24 hours after it is finally closed for transportation, and is inspected for leakage and is found to be free from leaks immediately prior to being offered for transportation. Does the definition of a packaging extend to a bulk container, or more specifically, a highway tanker? When I track the dcfinition of a "packaging", and consequently the definition of a "receptaole" in part 171.8, it is does not indicate that this means non-bulk only. If it does not pertain to a bulk containment system, could you explain why? Second, I would presume that this 24 hour holding period in the above regulatory citation is to ensure that the packaging will not fail due to leaks or incompatibility issues. If tankers are not subject to this 24 hour holding period, is there any regulatory requirement that would require a shipper to ensure the tanker will not have problems for the same reasons, whether it is due to leaking, or due to a chemical reaction, or due to an incompatibility issuc? I most sincerely appreciate your prompt attention to this matter, and look forward to your response. Sincercly, PTP Consulting, Inc. Carla frandy President Carol Brozosky, CET, CHMM#