Custom Metalcraft, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 APR 2 1 2010 Mr. Clark Holden Custom Metalcraft, Inc. 4724 W. Farm Road Springfield,IL 65802 Ref. No.: 10-0056 Dear Mr. Holden: This responds to your e-mail dated March 8, 2010 regarding the requirements for retest and inspection oflntermediate Bulk Containers (IBCs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your understanding is correct that anyone who performs maintenance (e.g., cleaning or replacing the drum gaskets) on an IBC that has not been durably marked with the owner's state and name or authorized symbol, must durably mark the IBC every time routine maintenance is performed. The requirements for the routine maintenance for IBCs are found in § IS0.350(c). The routine maintenance of metal, rigid plastic, or composite IBCs, and plastics or textile flexible IBCs includes cleaning or replacing of body closures (including gaskets) or non-integral closures ties, as prescribed by § 180.350(c)(l)(i) and (ii) and § lS0.350(c)(2)(i) and (ii), respectively. The requirements applicable to routine maintenance of IBCs are further delineated in § 180.352(e). In accordance with this section, routine maintenance performed by a party other than the owner (whose state and name or authorized symbol is durably marked) must durably mark the IBC near the manufacturer's UN design type marking to show: (1) the country in which the maintenance was carried out; and (2) the name or authorized symbol ofthe party. Therefore, the cleaning or replacing of closures or gaskets on IBCs by parties other than the owner of the IBe must be durably marked on the IBC with the country and name or symbol of the party cleaning or doing routine maintenance on an IBe. I hope this information is helpful. If we can be of further assistance, please contact us. i";rt'~ Charles E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Monday, March 08, 2010 11 :55 AM To: Drakeford, Carolyn (PHMSA) Subject: FW: Hazmat Information Center Feedback: Interpretations (Letters) Issued by PHMSA CarolynJ Attached is a request for written interpretation. Thanks J Rob -----Original Message----From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: MondaYJ March 08 J 2010 11:13 AM To: PHMSA HM InfoCenter; PHMSA Webmaster Subject: Hazmat Information Center Feedback: Interpretations (Letters) Issued by PHMSA Dear sirs, Could you please issue a letter of interpertation on section 180.352(e). My understanding of the section is that anyone who preforms routine maintenance(e.g. cleaning or replacing the drum gaskets)including the owner, (unless that have maked the IBC with their state and name), must durably mark the IBC evry time routine maintenance is preformed. Name: Clark Holden Organization: Custom Metalcraft Inc. Email: clarkh@custom-metalcraft.com Address: 4724 W. Farm Road 130 City: Springfield Zip Code: 65802 Phone: 417-862-0103 FAX: 417-862-0131 1#