North American Transportation Consultants, Inc. — Hazardous Materials Safety Interpretation

Page 1• US Deportmens of Transportation * Sevent Steer $' astongion, 0.C 205: Research and Administration Special Programs MAY 4 1998 Mr. J. P. Gibbons, President North American Transportation Consultants, Inc. P.O. Box 1404 Hightstown, NJ 08520 Dear Mr. Gibbons: This is in response to your letter and subsequent telephone calls regarding a regulatory exception addressing the reuse of UN certified drums without leakproofness testing under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask for a clarification of § 173.28 (b)(7)(iii). The reuse provisions in § 173.28 require that all packagings and receptacles used more than once be in such condition that they conform in all respects to the HMR. The exception under § 173.28(b)(7) authorizes reuse of a packaging without leakproofness testing provided the packaging is: (1) refilled with a material which is compatible with the previous lading; (2) retilled and offered for transportation by the original filler; (3) transported in a transport vehicle or freight container under the exclusive use of the refiller of the packaging; and (4) constructed of stainless steel, monel or nickel with a thickness not less than 1 ½ times the minimum thickness prescribed by § 173.28(b)(4); plastic provided the packaging is not refilled for reuse on a date more than five years from the date of manufacture marked on the packaging; or other packagings as approved by the Associate Administrator for Hazardous Materials Safety. The exception is intended to apply only to a drum which is in dedicated service and the drum may only be transported in a transport vehicle that does not contain any material offered by anyone other than the filler of the drums. "Exclusive use of the refiller" as referenced in § 178.28(b)(7)(ii), or dedicated service means only the original filler may refill a drum before offering it for transportation to an end user who then returns the drum for refilling. The intent is to limit the loading, unloading and handling of the drums. In addition, the transport vehicle may not contain any material offered by anyone other than the filler of the drums.#

Page 2.." The following scenario would qualify for the leakproofness test exception: Drums are filled by the original filler and offered for transportation directly to an end user. The • end user returns the drums to the original filler. This scenario illustrates a distribution chain without any other shipper or filler. I hope this satisfies your request. Please contact this office if you need additional information. sHatte 2. Mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3". malatyre Tele: 17328(6)(1) NATC 50394,398 vi JUly 17, 1997 Mr. Edward I. Mazzullo RESEARCH Directox, Office of Hazardous Materials Standards U. S. Department of Transportation and SPECIAL PROGRAMS ADMIN. - DHM-10 washington, DC 400 seventh street, Sw 20590 RE: REQUEST FOR INTErPRETATION ON 173.28 (B) (7) Dear Director Mazzullo: Recently a number of shippers have been visited by investigators fxom RSPA for plastic drums. concerning the pressure leakproof testing requirements paragraph. This, confusion centers on what constitutes compliance Some confusion exist concerning the referenced on center with the phrase in paragraph (111): "under the exclusive use of the refiller of the package". In the chemical distribution industry, fire and safety laws, centralized facilities are used to fill non- due to some state and local for different customers. non-xegulated, is then placed into the containers and properly marked and identified under the individual customer's name. packaged according to applicable regulations. The packaging is prepared the material is either picked-up by them in theix own Once vehicles or by an authorized carrier. Accoral degister on page 67399 SPA belloves beat plastic drums used in distribution chains controlled by the ofteror can be used federal Register on page 67399, appears that the phrase "under the exclusive use of the refiller" sately without leak testing prior to each reuse". Therefore it means " in a distribution chain controlled by the offeror". Please answer the following questions concerning what constitutes a distribution chain controlled by the offeror. 1. If the filler of the container offers the material as agent fox the party which owns the containers then would the party who owns the containers be the offerox ? 2. end user ? Does the distribution chain mean ixom the ¿iller to the chain for the purpose of this regulation ? It not then what constitutes a distribution NORTH AMERICAN TRANSPORTATION CONSULTANTS, INC. Your Total Transportation and Safety Consultants PO. Box 1404 • Hightstown, NJ 08520 • 609-426-0555#

Page 4Page 2 of 2 3. Since plastic drums by private carrier, , the preamble identifies the transportation of common carxier as authorized, what sateguards axe reguired contract carrier, to ship under this paragraph of the HMR ? 4. hazardous materials transportation which was not plastic drun containing filling, be authorized from the fiiler to a warehouse leak tested priox to distribution center where short period of time, reloaded onto a transport vehicle It is unloaded, stoxed and delivered 173.28 (b) (7) it no other materials were transported which customer comply with. could damage the plastic drums ? 5. It the answer to question 4 and relinate to the same or ake to as seoul then it you reverse referenced section of the HMR ? leak testing the drum would you be in compliance with the dra gene at Boreand in during the First lo 8 years after manufacture ? As mentioned above, concerning the use several investigations have been conducted filling. is associated with this paragraph of the HMR. As it is in the best the investigators and the industry in resolving the confusion which interest of the general public to clarify safety issues without delay I 100k forward to youx reply. If your staff requires additional information or clarification of the information contained within this letter have them contact me directly at (609) 426-0555. for their assistance in this matter. As always I thank you and your staff President Gibbons cc: Anthony Lima - RSPA NACD Members#