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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.

Sincerely,

 

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

173.12

Regulation Sections