Volunteer Drum — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Jack Oody Volunteer Drum 33 1 1 John Sevier Highway Knoxville, TN 37914 Ref. No.: 08-01 29 Dear Mr. Oody: This is in response to your May 1,2008 letter requesting clarification of the shipper's responsibility for determining that a packaging is authorized under the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 7 1 - 1 80). Specifically, you ask if the HMR require the shipper to maintain a copy of the original test report for a drum manufactured to a DOT specification, and whether a single test report may be used for DOT specification drums that are manufactured using different dimensions than the originally tested design-type. The shipper is required to determine that a packaging or container is an authorized packaging under the HMR (see 5 173.22(a)(2)). In making that determination, the shipper may accept the packaging manufacturer's certification marking on the drum (see €j 173.22(a)(3)). The HNIR do not require the shipper to maintain a copy of the original test report; however, the packaging manufacturer must make the test report available to the user of a packaging upon request (see 178.60 l(1)). In addition, a DOT specification drum produced with reductions in the external dimensions (i.e., length, width, or diameter) of up to 25 percent of the dimensions of a tested packaging may be used without additional testing provided an equivalent level of performance is maintained, and the packaging is identical to the tested design-type in all other respects (see 8 178.601(g)(3)). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, I Chief, Standards Development Office of Hazardous Materials Standards#

Page 2Page 1 of 1 Drakeford, Carolyn :PHMSA> " .---,-..-+.--.-------.*- ".-"---"-...-.,." -.-*------ -,*--.. ~"." From: Gorsky, Susan <PHMSA> Sent: Friday, May 02, 2008 6:38 AM To: Drakeford, Carolyn cPHMSA> Subject: FW: Questions Attachments: Greif Century VOL 00480200.pdf Could you enter this as a request for interpretation please? Thanks. Susan From: Drumman43@aol.com [mailto:Drumman43@aol.com] Sent: Thursday, May 01, 2008 2:56 PM To: Gorsky, Susan <PHMSA> Subject: Questions Susan Gorsky Department of Transportation May 1,2008 I seem to be in the middle of a disagreement between DOE buyer and user of Grief fiber drums. Grief submits UN test reports that cover a wide variety of containers without specifically pointing to one container. This makes it difficult to match paperwork to containers for specific packaging purposes. The big question is the one outlined below by my customer. Maybe you could cut some corners for me by giving me the CFR regs that allow them to do so. It was determined that in order to accept Grief's reasoning (as conveyed in the attached pdf file sent from Grief via Volunteer Drum), we need an official Department of Transportation (DOT) inter~retation of their reauiations. If Grief can provide us with an official DOT interpretation, we can accept the drums based on the Griefpdf and the inter~~~tation,!fth.ey~r!p_n.et~havean .. oBcia! ._r2-(Z.T .in.t.e~~eta_tio~!,...-we.~an-~.ot-a~~ep!.!h.~~~~~s. - - . -- -. "AAother option would be for Grief to tell us specifi~~allv what regu!a_t~on thev are refere~cing that allows them.& perform one test for many different sized drums. If thev can show that there is requlatory approval for this approach, we will accept the drums. " Jack Oody Volunteer Drum 865-673-9396 Wondering what's for Dinner Tonight? Get_..n~~~..~is_ts~~on.~a~mi!y~.f.a.!!.e~te~.~at~AQC~E~.~!~.#

Page 3366 Greif Parkway Delaware. OH 4301 5 (740) 657-6565 Fax: (740) 657-6592 ww.greif.com March 17,2003 Re: Manufacturer's Certification of Corn~liance Greif manufactures all packagings certified for use with hazardous materials in accordance with the applicable regulations under 49CFR parts 171 to 180 as written by USDOT. Greif applies its registered symbol "GBC" and the required certification markings as evidence of this certification. DOT regulations allow a customer to accept the UN marking on a packaging as the manufacturer's certification that all tests have been conducted and that the packaging has been manufactured in accordance with the appropriate regulations. I have attached below, excerpts from the appropriate regulatory sections referencing the shippers responsibilities and manufacturers responsibilities in 49CFR. They clearly define our position. 49CFRJl73.22 Shipper's responsibility. (a) Except as otherwise provided in this part, a person may offer a hazardous material for transportation in a packaging or container required by this part only in accordance with the following: (2) The person shall determine that the packaging or container is an authorized packaging, including part 173 requirements, and that it has been manufactured, assembled, and marked in accordance with: (i) Section 173.7(a) and parts 173, 178, or 179 of this subchapter; (ii) A specijication of the Department in eflect at the date of manufacture of the packaging or container; (iii) National or international regulations based on the UN Recommendations on the Transport of Dangerous Goo&, as authorized in $1 73.24(d)(2); (iv) An approval issued under this subchapter; or (v) An exemption issued under subchapter A of this chapter. This would seem to require that each user of a container have on file a copy of the current test certifications. However, the subsequent paragraph allows a shipper to accept as the container manufacturer's certification the complete markings on the side of the container (see the portions in bold below). 173.22(~)(3) In making the determination under paragraph (a)(2) of this section, the person may accept: (i) Except for the marking on the bottom of a metal or plastic drum with a capacify over 100 liters which has been reconditioned, remanufactured or otherwise converted the manufacturer's cert~fication, specification, approval, or exemption marking (see iSg1 78.2 and 179.1 of this subchapter) Paragraph 178.2 explains that for UN Certified packagings, the UN mark is the manufacturer's certification of compliance with all applicable regulations. See the bold information below. 81 78.2 Applicability and responsibility. (a) Applicabiliiy. (I) The requirements of this part apply to packagings manufactured- (i) To a DOTspecifcation, regardless of country of manufacture; or (ii) To a UN standard, for packagings manufactured within the United States. For UN standard packagings manufactured outside the United States, see $173.24(4(2) of this subchapter. For UN standard packagings for which standards are not prescribed in this part, see $1 78.3(b). Requirement for Customer Test Reeords.doc#

Page 4(2) A manufacturer of a packaging subject to the requirements of this part is primarily responsible for compliance with the requirements of this part. However, any person who performs a function prescribed in this part shall perform that function in accordance with this part. (b) Specification markings. When this part requires that a packaging be marked with a DOT specification or UN standard marking, marking of the packaging with the appropriate DOT or UN markings is the cert~pcation that- (I) Except as otherwise provided in this section, all requirements of the DOT specification or UN standard, including performance tests, are met; and (2) AN functions performed by, or on behalf of, the person whose name or symbol appears as part of the marking con form to requirements specifid in this part. Enforcement of the UN mark as a certification is provided under 49 CFR 171.2 which makes it a violation (Maximum penalty for a violation is $27,500 per occurrence) to manufacture, mark and sell or offer any package that does not comply with the regulatory requirements. (see the underlined information below) $1 71.2 General requirements. (c) No person mav represent. mark. certifv, sell, or offer a wckarrina or container as meetina the reuuirements of this subchapter or an exemption, approval or registration issued under this subchapter or subchapter A of this chapter, governing its use in the transportation in commerce of a hazardous material, whether or not it is used or intended to be used for the transportation of a hazardous material, unless the packaging or container is manufactured. fabricated, marked. maintained, reconditioned, repaired and retested. as appropriate. in accordance with applicable reuuirements of this subchapter, or an exemption, approval or registration issued under this subchapter or subchapter A of this chapter. fd) The representations. markings, and certifications subiect to the prohibitions of paragraph (c) of this section include, but are not limited to- (I) Specification identifications that include the letters "ICC." "DOT." "MC." or "UN". L (2) Exemption, approval, and registration numbers that include the letters "DOT," I'm, " ''M If or "R"; and (3) Test dates associated with spectjication, registration, approval, retest or exemption markings indicating compliance with a test or retest requirement of this subchapter, or an exemption, an approval or a registration issued under this subchapter or subchapter A of this chapter. 171.2(flNo person shall. by markinp or otherwise, represent that- (I) A container or aackape for the transportation of hazardous materials is safe, certified, or in compliance with the reuuirements of this title unless it meets the reuuirements of all applicable re~ulations issued under the Federal hazardous material transportation law; or As you can see, there is little benefit to maintaining detailed records of test reports since you are permitted to accept the packing manufacturer's certification marks on the drum as evidence that the packaging, as provided to you was manufactured in compliance with the applicable regulations. If you would like additional explanation of the above, let me know. Sincerelv, ~ o s e ~ h J Grebe Director, Product Technical & Regulatory Support Requirement for Customer Test Records.doc#

Page 5iJ;.fi! 1/2!]118/TCE 12: 02 Pbl CREIF INC. FAX N ~ I . 704 588 9245 Date Tested: 12/28/2007 PERFORMANCE TEST TESTING and TECMCAL SERVICE OFFICE Report #: F-1880-XX-122807 Closure Notification: F1 I-F GT,\F UNITED NATIONlIMODOT ORIGINAL DESIGN TYPE RESULT SHEET Drum Style: Greif Lok Rim Fibre Drum UN Code: IG - Packing Group 1 GBC Code: FLR3OOXlSS7Ul f LOK-RIM Cover: Steel Dimensions: LD.: 393.7 M M / 15.5 In. O.H.: 955.7 MM / 37.625 UN Certified Markings: 0 1 GIX75lSTYR 0 lG/Y75/S/YR 0 1 GI27 5/S/YR USAIGBC USAIGBC USNGBC Capacity hnge: Test Mass - Gross: 24.6 - 113.6 Litres 1 6.5 - 30 Gallons 75 KG / 165.4 Lbs. Tare: 4.0 KG 1 8.8 Lbs. Net : Package Preparation: Conditioning: 71.0 KG I 156.6 Lbs. Dnmls filled with poly pellets to n nlillinlum of 95%. 24 Hours at 23OC, e ° C Temperature and 50%, L2% ReIative Humidity. Drop Tests (49 CFR 178.603) Drop Height: 1.8 Metres / 70.87 Inches Results Diagonal Top Drop: Results Diagonal Bottom Drop: 3 Drums Passed Results Flat Drop: Not Applicable Vibration Test (49 CFR 178.608) Results: Capable of withstanding, without rupture or leakage, the vibration tests procedure in 49 CFR 178.60 Lealiproofness Test (49 CFR 178,604) Air Pressure Applied: Results after 5 minutes; psi Not Applicable Hydraulic (Hydrostatic) Test (49 CFR 178.605) Internal (Hydraulic) Pressure: kPa for a period of minutes Results: Not Applicable Static Compression Test (49 CRR 178.606) Tots1 Mass: 922.5 KG ( 12.3 Drums x 75 KG each ) Duration: 24 Hours Stacking Load Density: NIA Results: 3 Drums Passed TEST RESULTS CERTIFIED BY: GREW TESTING and TECRNICAL SERVICES $hg osep e e This lest rcparc is the property of Oreif. The haw-how, mdhods and techniques diroloscd in this repon am Director. Testing and confidentin1 i&lormation which cra only be used by those p a w s with spccifio witsen ruthor~mtion horn Omit. Technical Services#

Page 6I ! ~ ~ , ~ ~ / ! ~ / ~ \ ~ L I ~ / T T , ' E 1 2 : 0 2 P!4 GREIF INC. F A X N o . 704 588 9215 Testing and Technical Service Office 3 66 Grei f Parkwa Delaware, Ohio 4J015 Phone! 740- 657-6565 Fay: 740- 657-6596 UNITED NATIONS/IMO/DOT PERFORMANCE TEST Test Type: Annual Retest Plant: Englishtown, NJ Drum Code: FL~IUOOX1587Ul Report No: Test Date: Expiration Date: Mr. Geoff ato on; Attached are our laboratory test result sheets of the U.N. Chapter 9 Pmformance Tcst on the fibre drums I that were sent to Greif - Alsip, IL Teclmical Center. These srunple containers that were made with the proper components passed the required Drop, vibration nlld compression tests for the followi~ig UN Marking(s): lG/X75/S/YR 1 G/Y75IS/YR 1 G/Z7SIS/YR The tested dru~ns also meet NMFCIUEC standards for a fibre drum up to 225 Lbs. Net Weight Limit and 30 Gallon Capacity. Thank you and best regards. Joseph Otebe#