Newell Rubbermaid (Division of Sanford LLP) — 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 JAN 3 1 2013 Mr. Chip Robison Environmental Engineer Newell Rubbermaid Division of Sanford LLP) 831 Volunteer Parkway Manchester, TN 37355 Ref. No. 12-0204 Dear Mr. Robison: This responds to your September 9, 2012 request for clarification and telephone conversation with a member of our staff on package reuse prm isions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 71-180). In your incoming letter, you describe the following scenario: Steel UN lA 1 reconditioned drums are received by production staff from an outside drum vendor. These drums are accompc.nied by required shipping papers. Hazardous material is then filled into each 55-rrallon reconditioned drum. The filled drums hazardous material products are shipped via a commercial carrier as a dedicated load to an internal downstream plant. The hazardous material is then utilized at the internal plant and the drums are emptied, leaving small amounts of residue in each. The drums are then sent back to the original filler, where the intention is to refill the drums with the same hazardous material (finished product) and ship again to the same internal plant tor reuse. You ask if these steel UN 1 A 1 reconditioned drums are 2uthorized fol' reuse without being leakproofness tested with air as specified in§ 178.604? Notwithstanding the provisions of§ 173 .28(b )(2), a p<!ckaging otherwise authorized for reuse may be reused without being leakproofness tested 'Nith air provided the packaging: ( 1) . is refilled with a material that is compatible with the previous h.tding; (2) is refilled and ofTered for transportation by the original filler; (3) is t,mnsported in a transport vehicle or freight container under the exclusive use of the refiller of the packaging; and ( 4) is constructed in accordance with one of the methoos described m § 1 73 .28(b )(7)(iv). Based on your letter and telephone conversation, your shipmem is refilled and offered for transportation and transported in a transport vehicle under exclusive use ofthe refiller of the packaging. These steel TJN 1A1 reconditioned d.m,!:;: ~1re atithorized for reuse without being -- - ---~---~--·-·-.. . .. ----·-·---·~~-#

Page 2leakproofness tested with air, as specified in§ 178.604, only if they are constructed of stainless steel meeting the requirements of§ 173.28(b)(7)(iv)(A) and meet all other applicable requirements of§ 173.28. I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. Sincerely, ;(~Z.!J.e- Robeli Benedict Chief~ Standards Development Standards and Rulemaking Division#

Page 313co+h~ sll3 . ..28 ·~t:LLSe 12 - 02-bJ./ September 9, 2012 United States Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 RE: Letter of Interpretation for 49 CFR 173.28(b){7), 173.28(b)(7)(iii) and 173.28(b)(7}(iv)(C) Dear sir or madam, We do hereby request a Letter of Interpretation for the following production scenario: Reconditioned drums are received by production staff from an outside drum vendor. The drums are accompanied by required certifying documentation. Finished product is filled into each 55-gallon steel UN1A1 DOT reconditioned drum. The drummed hazardous material products are shipped via a commercial carrier configured as a dedicated load to an internal downstream plant 3 Yz hours away. The hazardous material is then utilized at the internal plant and the drums are emptied, leaving miniscule amounts of residue in each. The drums are then sent back to the original filler, where the intention is to refill the drums with the same hazardous material (finished product) and ship again to the same internal plant for reuse. Once reused, the drums are sent back once again to the original filler under the same DOT empty drum exemption. The question, are these steel drums otherwise authorized for reuse without being leakproofness tested with air as specified in 49 CFR 178.604? An expeditious response is greatly appreciated. Regards, Chip Robison- Environmental Engineer Newell Rubbermaid Division of Sanford LP 831 Volunteer Parkway Manchester, TN 37355#