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.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.12
Regulation Sections
Section | Subject |
---|---|
173.12 | Exceptions for shipment of waste materials |