Dupont Automotive Systems — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Ave.. S.E. of Transportation Washington. DC 20590 Materials Safety Pipeline and Hazardous Administration 2007 Ms. Randylynn Bourassa Ref. No.: 07-0125 Dupont Automotive Systems Mid America Distribution Safety Competency Lead 400 Groesbeck Highway Mount Clemens, MI 48043 Dear Ms. Bourassa: This is in response to your May 31, 2007 letter regarding closure requirements for steel drums under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you must remove and re-torque the head on open head steel drums you receive with the head already installed and torqued by the supplier or manufacturer. The answer is no. A manufacturer or supplier of performance-oriented packagings may provide empty drums to customers in any stage of assembly. Under § 178.2(c), the manufacturer or other person certifying compliance with the requirements of Part 178, and each subsequent distributor of a packaging, must notify in writing each person to whom that packaging is transferred of all requirements not met at the time of transfer (e.g., bung closure torque specifications). The information specified in the notification must specify the types) and dimensions of the closures, including gaskets and any other components needed to ensure that the packaging is capable of successfully passing the applicable performance tests. It is the responsibility of the person filling packaging are closed in accordance with the written notification supplied by the manufacturer or and closing the drum to ensure that the closures not closed and torqued when they received the I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 178.2 (c) 173.22 070125#

Page 2490 Greesbeck Highway DuPont Automotive Mount Clemens, Mi 48043 OU POND® Pollack DuPont Automotive May 31, 2007 'Responsibiliti Edward T. Mazzullo - Director 01 - 0125 Office of Hazardous Materials Standards East Bldg. 2nd Floor DOT/PHMSA Rm. PHH-10 Washington, D.C. 20590 1200 New Jersey Ave Dear Mr. Mazzullo: I am writing in follow-up to a conversation with "Rob" at the PHMSA to request written confirmation regarding the responsibility of drum closure where the closure is not altered by the shipper. drums are filled from the small bung in the lid of the drum. 1A2 drums are only used because of Our facility purchases both 1A1 and 1A2 steel 55-gallon drums for the shipping of Class 3 paint. All treated at our facility as 1A1 drums). Our facility has the closure instructions and proper tools for the customer need, and the lids are not removed until the customer receives them (i.e. all drums are small bung that is opened and closed during the filling operation. Both closures are given inspection at the shipping dock as part of overall drum integrity inspection for damages, leakage, and obvious design non-conformances. tightening ring lugs per torque specifications, tightening lock nuts per torque specifications, and Closure for the 1A2 open head cover requires alignment of closing ring, insert of bolts and lock nuts, per specifications and "ready for fill. This closure is not altered at the filling facility. On May 29, "pounding" of ring perimeter at specific location. We order the drums from our supplier "tightened" verbal confirmation that responsibility for closure of the lid remains with the container supplier as 2007, I spoke with "Rob" at the PHMSA Hazardous Materials Information Center, and received manufacturer instructions where the closure is not altered. If the shipper is responsible for this part of the container integrity, and that subsequent shippers are not required to apply closure per closure, each lid would have to be removed (to inspect gasket and ring alignment), and re-torqued. If I can answer any questions regarding this matter, please call the writer at (586) 468-9175. I look forward to your response. Garden Bannera E. I. DuPont de Nemours & Co. Randylynn Bourassa Mid America Distribution Safety Competency Lead Mt Clemens, MI 48043 400 Groesbeck Hwy. E.t. du Por: de Nemours and Company * Printed on Recycied Paper#