Transportation Skills Programs, Inc. & Hazardous Materials Publishing Co., Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAY - 6 2008 1200 New Jersey Ave.. S.E Wash~ngton, DC 20590 , Mr. Robert J. Keegan President Transportation Skills Programs, Inc. Hazardous Materials Publishing Co., Inc. 243 West Main Street Kutztown, PA 19530 Ref. No.: 08-0003 Dear Mr. Keegan: This responds to your letter requesting clarification of the salvage drum requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). You note some confusion in your understanding of the preamble discussion in the final rule issued under Docket HM-2 15G [69 FR 76053; 12/20/04] and the correction final rule issued under Docket HM-2 15G [70 FR 34385; 6/14/05] regarding salvage drum provisions. Specifically, you ask if your understanding is correct that: 1) packages of hazardous materials found to be leaking, damaged or defective and hazardous material that have spilled or leaked prior to pickup by the carrier may be placed in salvage drums by the shipper for transportation; and 2) non-conforming packages containing hazardous material after having been placed in transportation do not have to be repackaged into an authorized packaging and may be placed in salvage drums for shipment. In the December 20, 2004 final rule, we revised the requirements for use of salvage drums to include the term "non-conforming." The term "non-conforming" was added to the UN Model Regulations in 2000. Our intent was to allow the use of salvage drums for non- conforming packages, but to limit such use to instances where the packages were discovered to be non-conforming after having been placed in transportation; however, inadvertently the regulatory text applied the limitation to damaged, defective, and leaking packages, as well as to non-conforming packages. In the June 14, 2005 correction final rule, we revised the salvage drum provision in 5 173.3(c) to clarify that damaged, defective, or leaking packages may be transported in salvage drums under the specified conditions irrespective of whether such packages are discovered before or after having been placed in transportation. Therefore, packages of hazardous materials that are damaged, defective or leaking; packages found to be not conforming to the requirements#

Page 2of the HMR after having been placed in transportation; and hazardous materials that have spilled or leaked may be placed in a metal or plastic removable head salvage drum that is compatible with the lading and shipped for repackaging or disposal. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Transportation Skills Programs, Inc. Hazardous Materials Publishing Co., Inc. E vlq rcr vl/l December 20,2009 Charles Betts Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U .S. Department of Transportation 400 Seventh Street Southwest PHH- 1 Room 842 1 Washington, DC 20590-0001 Dear Mr. Betts: We have encountered quite a bit of confusion regarding the Salvage Drum requirements in 193.3. I have reviewed the changes under HM-2 15G and request clarification specifically regarding packages found to be leaking prior to being transported. In the Dec. 20, 1994 final rule, the preamble states that "a package found to be leaking prior to its being placed in sporta at ion may not be packaged in a salvage drum. Instead it must be repackaged &to an authchzed packaging in accordance with the applicable HMR requi~emqts~" Then in the correction published June 14,2005, the preamble states the opposite, "damaged, defective, or leaking packages may be transported in salvage drums under the specified conditions irrespective of whether such packages are discovered. before or after having been placed in transportation." Are we correct in understanding that based on this correction; packages found to be . , leaking, damaged. or defedti& AND hazardous'haterial~that~have: spilled or leaked prior . ' t6 pickup by the carrier mky.lie pla'ced in salvage drums by& 'shipper for transpoitation? . . . . : ~ k e ~ do, nQt .have to . . . .be..repackage.d. . . . . . . . . &o mputhorized .. ,. . . . . . packagi.ng:for: shipment? And nori- . . . . . confc&i.ig pMhges may- be &xed salvagz d m e OMLY'if diSC~vPred %her being ' . . shi&e&, 'Th&&.n?f:-be: ~ ~ ~ ~ d : i n ' . s & a ~ e : druiiisS if . . . disc~~~~~~;pri.o~~t~-~hi~ment.-.. . . . . . . . . . .; . _ I . . . . . . . . - . . , . .. - . . . . . , . . ......... . . . . . . : . . % _ .i . j I .., _ ) , . . , . Thank you in hdvan&for - .- , .your ., . . > " , . . - . . ,. . \ . . > ' assistance.. ... We l o ~ k ' f o & ~ r ~ ~ t o ~ y o k r . . reply. - . ., .,. . . , . . . . -.. . . . . .: ::.,, - . . . . . . . ., . , . . . . . . . . . . . - . .-.. , . _ ..... , - _ ...._.. - . . . - . . . .,-. ..... ~. . . I . , * . . . . . . -- . . . . . . . . . . . . . _,.. <. . . . . . . . . - . . . ~ . I _ . . , . . . . . . . . . . . ~ . . . , . . . . 4 , . . ? , - . ,-, ., 8 243 West Mafn Street P.O. Box 308 Kutztown, PA 19530 (610) 683-6721 FAX (610) 683-3171#