Greif Bros. Corporation — Hazardous Materials Safety Interpretation

Page 1• • J.S. Department of Transportation Research and Special Programs Administration SEP 2 3 1999 Mr. Joseph J. Grebe Ref. No: 99-0090 Manager, Testing & Technical Service Greif Bros. Corporation 1201A South Houk Road Delaware, Ohio 43015 Dear Mr. Grebe: This is in response to your letter of March 30, 1999, requesting clarification on the maximum gross mass marking requirement for drums under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provide the following scenario: A steel drum which is manufactured to the minimum standards required by the HMR weighs 25 kg. The drum is tested with a net mass of 275 kg for a gross weight of 300kg. However, when taking advantage of numerous variations authorized in the HMR (for example, the steel used is now 10% thicker, coatings, a liner, and various decorations are added) the tare weight of the drum is now 3.5 kg heavier. Your questions are paraphrased and responded to as follows: Q. May I mark the drum with a maximum allowable gross weight of 303 kg even though it was tested to 300 kg? A. The answer is no. A packaging may not be marked to a maximum gross weight that exceeds the gross weight to which it has been tested. Q. Must the net mass in the drum be reduced to compensate for the additional tare weight of the drum? A. The answer is yes. Q. Should the drum be tested at a level of net weight (275 kg) plus maximum tare weight (28.5 kg) to be certain that the final gross weights of all drums do not exceed the tested gross weight? A. The answer is yes. 990090 118.504#

Page 2-2- Q. Will customers (i.e., shippers) be required to weigh each drum to determine tare weight and marked on the drum? associated net weight of fill to be certain that they do not exceed the maximum gross weight A. As provided by 173.24a(b)(2), a non-bulk packaging may not be filled with a hazardous offeror of a hazardous materials package is responsible for compliance with this requirement. material to a gross mass greater than the maximum gross mass marked on the packaging. Each I hope this information is helpful. Sincerely, Shan Hiefs Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3118.504 3/30/99 99-0090 See 3/30/99 e-ma.', BabM. Questions for interpretation 6-4346 Example 1 When a steel drum is prepared in accordance with 49CFR178 Subpart M its tare weight is used to minimums for mad at thicknesses, kadis the andra late maying forth fur est, calan be at east east10% heavier than tested? inimums for material thicknesses. I For example, a steel drum 1A2/X300/S 1.2-0.9-1.2 weighs 25 kilograms when empty. This drum is unpainted and unlined when tested. All steel thicknesses fall at the exact minimum for this requirement. This drum is tested with 275 kilograms net for a total of 300 kg. the head, body, or bottom;" would mean that the drum we describe could weigh up to approximately 10% According to 178.601(g)(8)(viii) "An increase greater than 10% or any decrease in the steel thickness of greater in tare wt or 2.5 kg without requiring additional design type testing. a previously produced packaging in structural design, size, material of construction, wall thickness or Additionally, according to 178.601(c)(4) "A different packaging is one that differs (i.e. is not identical) from manner of construction but does not include: (i) A packaging which differs only in surface treatment;" does not require design type testing. This would mean that the weight of additional coatings applied as part of the manufacturing process for steel drum. These coatings could weigh as much as a kilogram depending on the size of a drum, number.: steel drums i.e. paints, linings and decorations are not considered during our design type test on a bare of coats inside and out, and degree of decoration. 25+2.5 + 1Kg (PAint) kilograms. Does the net weight allowed to be packed in this drum get reduced in proportion, to 271.5 Q1-.: Therefore since our theoretical drum could be produced with a tare weight of up to 28.5 Q2- kilograms for customer use? to be certain that the final gross weights of all drums do not exceed the tested gross weight? Should the drum be tested at a level of net weight required (275kg) plus max tare weight (28.5kg) Q3- weight of fill to be certain that they do not exceed maximum gross mass marked on the drum? (most Will customers be required to weigh each drum to determine tare weight and associated net customer filling systems fill to net weight) GBL Greif Bros. Corporation Established 1877 anager, Testing & Technical Servi Joseph J. Greb 201A South Houk RoE esearch & Development Buildir Olfice: (740) 549-6121 Direct: (740) 549-6110 Delaware. Onlo 43015 Email: Grebej@Greit.Com Fax: (740) 549-6120#

Page 4Example 2 Using the same regulatorý issues as in example 1, we produce an 85-gallon drum. This drum is intended for use with contents weighing 400kg, the maximum non-bulk limit for steel drums. This 1A2 drum weighs approximately 33.0kg. at minimum material thickness. If the thickness of the body, bottom and cover are increased in thickness by 10% the final painted and lined drum will weigh approximately 35 kilograms. Q1- does the net weight allowed to be packed in this drum get reduced in proportion, to 298 kilograms for Therefore since our theoretical drum could be produced with a tare weight of up to 35 kilograms Q2- customer use as the drum tare weights change to 35 kg? to be certain that the final gross weights of all drums do not exceed the tested gross weight? Note that in Should the drum be tested at a level of net weight required (400kg) plus max tare weight (35kg) this case, the drum would have to be filled to 402 kg net, which is above the non-bulk limit. weight of fill to be certain that they do not exceed maximum gross mass marked on the drum.? Will customers be required to weigh each drum to determine fare weight and associated net Comments If your response to Example 2 Q2 is negative, please explain the following - A customer fills to 400kg net in a drum which we only test at 433kg (load plus actual minimum tare weight). The final delivered drum is marked on the drum. Is this a violation of the HMR? How will an enforcement agency, which reviews 35 kg tare weight. The loaded drum will weigh 435kg grass, which would be 2 kg above the certification shipping papers or weighs drums in commerce deal with this discrepancy. We would suggest the following resolution to this situation. The 400-kg limit on net weights appears in should be authorized to be tested at their maximum gross mass. Testing would be conducted at the part 178 along with ofher similar provisions for other packages. We believe that containers for solids would reflect the user's restriction to the packing limits. Shippers should already be trained in these necessary net weights to compensate for authorized differences in container tare weight. Test reports limitations as part of their required Haz-Mat training program. We believe that this solution provides an increased level of safety due to the overtesting of the drum design. This solution is also transparent to users of the package.#