MD Packaging Solutions LLC — 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 MAY 1 6 2012 Mr. Dan Dengler MD Packaging Solutions LLC 1 I Olde Mill Run Medford, NJ 08055 Ref. No. I 2-0056 Dear Mr. Dengler: This responds to your February 6, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-I80) applicable to the requirement for retest and inspection of intermediate bulk containers (IBCs). Specifically, you ask if you may rely on the leakproofness test and internal visual inspection conducted by the original manufacturer to satisfy the requirement in§ 180.352 when repairing an IBC or replacing the inner receptacle of a composite IBC. Yes. As specified in § 180.352( d)(l ), each repaired IBC must be subjected to a leakproofness test as specified in § 178.813, an internal visual inspection and must be marked with the date of the test. The inner receptacle of a composite IBC may be leakproofness tested without the outer packaging provided the test results are not affected(§ I 78.8I3(b)). If you choose to rely on the leakproofness test conducted by the manufacturer of the inner receptacle to satisfy this requirement, you must have evidence to establish that the leakproofness test was performed in accordance with § I 78.813 and the internal visual inspection was performed be tore the IBC is filled and offered for transportation(§ 180.352(g)). The evidence of these tests/inspections should be from the manufacturer of the inner receptacle and identify your company as able to use this certification. I hope this information is helpful. If you have further questions, please contact this office. Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 2Lear~ -91~0.35Z.. "IBC.. l'Z-606" MD Packaging Solutions, LLC 11 Olde Mill Run Medford, NJ 08055 Phone (609) 499-1311, Fax (866) 439-1713 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-1 0 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 To whom it may concern: I am seeking clarification/interpretation of section 180.352 "Requirements for retest and inspection offfiCs". By definition section 180.350 defmes a "REPAIRED IBC" as among other things, the replacement of the rigid inner receptacle of a composite IBC with one from the original manufacturer. Question seeking interpretation: In the process of Repairing an IBC or replacing the rigid inner receptacle of a composite IBC with one from the original manufacturer, does the manufacturer's (of the new inner receptacle) original leak proof test satisfy the required leak proof test per 178.813 for the repaired IBC? Does it matter if the previous outer cage was not damaged and the reason for the REP AIR is simply because the previous inner receptacle could not cleaned? Any assistance that you could provide in this matter would be greatly appreciated. Please do not hesitate to contact me with any questions. Dan Dengler MD Packaging Solutions LLC 11 Olde Mill Run Medford, NJ 08055 Ph (609)-499-1311 ddengler@mdpkg.com#

Page 3MAUSER USA, LLC MAUSER USA, LLC 35C Cotters Lane East Brunswick, New Jersey 08816 USA Mr. Mike Porreca President National Container Group MRUSER Christopher Lind, Director Technology and Regulatory Affairs Phone: 732.353.7014 Fax: 732.353.7074 Chris.Lind@Mauseraroup.com East Brunswick 3/5/2012 Subject: IBC Inner Receptacles The inner receptacles for IBCs or replacement bottles are visually inspected for defects prior to valve installations. After valve installation the bottles are leakproofness tested in accordance with Sec. 178.813 to insure the bottom seam and valve are intact and leak free, capped and security sealed. The bottles are molded with the marks required by 49 CFR 178.703 (b) (6) (i): (&) For each composite IBC, the inner receptacle must be marked with at least the following infonnation: (i) The code number designating the IBC design type, the name and address or symbol of the manufacturer, the date of manufacture and the country authorizing the aUocation of the mark as specified in paragraph (a) of this section; That is 31HA1/M number /Date/USA. The current M numbers for Mauser USA LLC factories producing the bottles are M4118 (MtVernon), M4119 (Anniston), M4601 (Houston), and M4602 (Rancho Cucamonga). Please feel free to contact me if we can provide any additional information or assistance . . iZ:' fi fJ CfJQ Chnsto~ar MAUSER USA LLC 35 C Cotters Lane East Brunswick, NJ 08816 USA Managing Director Hans-Peter Schaeffer Winfriecl Klar Registered Seat50321 Brilehl Local Court : Cologne Registration HBB 58469 info.us@mausergroup.com www.mausergroup.com#

Page 4SCHUTZ Schuetz Container Systems Inc. 200 Aspen Hill Road North Branch, NJ 08876 March 14, 2012 To: ICS Re: Testing of inner bottles for IBCs To Whom It May Concern: The inter receptacles for IBCs or replacement bottles you purchase from us are visually inspected for defects prior to valve installations. After valve installation the bottles are leakproofness tested in accordance with Sec. 178.813 to insure the bottom seam and valve are intact and leak free, ' capped and security sealed. In addition, the bottles are molded with the marks required by 49 CFR 178.703 (b) (6) (i). Sincerely, Tatiana Smoleeva Technical Service Phone: 908-526-6161 x 1126#