Interpretation Response #04-0111
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Jun 15, 2004
Mr. William Reinike Reference No. 04-0111
DOT Focal Point
2982 Washington Boulevard
Belpre, OH 45714-0235
Dear Mr. Reinike:
This is in response to your April 30, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180) applicable to the reuse of stainless steel drums. You state you have five stainless steel drums designed and fabricated with a wall thickness of 0.104 inches. The drum capacities are 15 and 30 gallons. The drums are equipped with valves and a pressure gauge, and any applied pressure is low. The drums are to be used in dedicated service to contain and transport polymer cement by truck between your plant in Ohio and your research facility in Texas. You have a contract with carrier, but the transport vehicle may contain freight from other customers.
You ask whether drums used in dedicated service are subject to the leakproofness test in accordance with § 173 .28(b)(2) each time they are refilled or whether periodic testing is an allowed alternative and whether your contractual agreement meets the intent of “exclusive use” as stated in the HMR. You ask whether anyone has asked for and received relief from this specific requirement when using LTL carriers.
The transportation movement as described does not conform to the requirements in § 173.28. The reuse provisions in § 173.28 require all packagings and receptacles used more than once to conform in all respects to the HMR. The exception from leakproofness testing in § 173.28(b)(7) is intended to apply only to a drum that is in dedicated service and transported in a transport vehicle under the exclusive use of the refill “Exclusive use” means that the transport vehicle does not contain any material offered by anyone other than the filler of the drums. Your contractual agreement as described does not meet the intent of “exclusive use” as stated in the HMR. Therefore, your drums are subject to a leakproofness test prior to reuse.
Inquiries concerning exemptions should be addressed to the Office of Hazardous Materials Exemptions and Approvals, 202-366-4511. The Office of Hazardous Materials Exemptions and Approvals has not issued any exemptions that relieve the requirement for “exclusive use” regarding reuse of packagings.
I hope this information is helpful.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 178.604||Leakproofness test|