USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0266 ([The Sherwin-Williams Company] [Ms. Sarah L. Basham])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: The Sherwin-Williams Company

Individual Name: Ms. Sarah L. Basham

Location State: OH Country: US

View the Interpretation Document

Response text:

Aug 25, 2004


Ms. Sarah L. Basham                Reference No. 03-0266
Director of Transportation
Corporate Regulatory Affairs
The Sherwin-Williams Company
101 West Prospect Avenue
Cleveland, OH 441 15-1075

Dear Ms. Basham:

This letter replaces our November 21, 2003 response concerning the provisions for reuse of packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your company reuses empty non-bulk specification drums for temporary storage and disposal of hazardous waste. You ask if you must bring the drums into compliance with Part 178 as specified in § l73.22(a)(4) or whether you can take advantage of the exception for reuse of a packaging as specified in § 173.12(c). Our earlier response was in error and is corrected below. I apologize for any inconvenience this may have caused.

Section 173.12(c) authorizes the reuse of a previously used packaging for the shipment of waste material transported for disposal and recovery under certain conditions. The packagings are not subject to the reconditioning and reuse provisions contained in § 173.28 and the associated marking requirements in Part 178. Also they are not excepted from other applicable Part 178 requirements. Therefore, as prescribed in § 173 .22(a)(4), the shipper must perform all other functions necessary to bring the package into compliance, such as closing the package consistent with the manufacturer’s written closure instructions.

I hope this information is helpful.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.12 Exceptions for shipment of waste materials