Consolidated Container Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 24, 2024 William Dworsky President Consolidated Container Company 109 27th Ave NE Minneapolis, MN 55418 Reference No. 23-0098 Dear Mr. Dworsky: This letter is in response to your November 2, 2023, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the attachment of “label plates” on repaired and/or remanufactured Intermediate Bulk Containers (IBCs). In your email, you provide a picture of a United Nations (UN) 31HA1 composite IBC with a “label plate” screwed into the steel outer packaging surrounding the plastic inner receptacle. It is your understanding that when a new “label plate” is installed on an IBC, it should be done in a manner that does not affect the integrity of the package. Your understanding is correct. While the HMR do not specifically state that “label plates”—or any other hazard communication—cannot be screwed into the steel outer packaging surrounding the plastic inner receptacle of a composite IBC, § 173.28(a) states that “before reuse, each packaging must be inspected and may not be reused unless free from incompatible residue, rupture, or other damage which reduces its structural integrity.” Based solely on the picture provided in your email, it is not possible to determine whether the screws in the steel outer packaging have affected the integrity of the composite IBC. However, if you have evidence that the screws have affected the integrity of the composite IBC, this would not be an acceptable method for attaching “label plates.” Please note that this letter only addresses the effect that screwing the “label plate” into the outer cage has on the integrity of the composite IBC pictured in your email and does not address the marking requirements associated with this composite IBC. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Steven Andrews Acting Chief, Regulatory Review and Reinvention Branch#

Page 2Standards and Rulemaking Division#

Page 3Larson 23-0098 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation Request Date: Friday, November 3, 2023 11:38:37 AM Attachments: image001.png image004.png image005.png image006.png Hi Alice, Please see the below interpretation request. Let me know if you need anything. Regards, -Breanna From: William Dworsky <wdworsky@containerexperts.com> Sent: Thursday, November 2, 2023 10:10 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good Morning, To whom this may concern, We are seeking an interpretation on the proper reattachment of plaquard plates on Repaired/Remanufactured IBC’s. As you can see in the below picture, this company applied a new label plate using screws into the cage. We are of the understanding that when installing a new label plate, its done in a manner that doesn’t change the integrirty of the orginal package (IE. Zip ties or rebending the plate around the bars). Looking forward to your intrepretation of this question. Respectfully, William Dworsky President 109 27th Ave NE Minneapolis, MN 55418 612.706-2174 Direct 612.781.0967 Fax 612.670.1985 Cell www.containerexperts.com This message (including any attachments) is confidential and intended for a specific individual and purpose. If you are not the intended recipient, please notify the sender immediately by replying to this message and destroy all copies of this message and any attachments. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution of this message, or the taking of any action based on it, is strictly prohibited.#

Page 4Gal. 1,450 kg MAX USA/ M6 188 kpa/ / Check-Up: Inspection: 10/22 During Transport DIXICHLOR MAX LOT8810410280 CORROSIVE MATIER GLENNY UN1791 ICS SERVIC TCS-11795#