Interpretation Response #22-0013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
January 25, 2023
Mr. Jeffrey D. Shields
Global Competency Leader
Distribution, Emergency Response & Fire Protection
DuPont EHS Center of Excellence
974 Centre Road
CRP 730 / 2nd Floor
Wilmington, DE 19805
Reference No. 22-0013
Dear Mr. Shields:
This letter is in response to your February 18, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to leakproofness testing requirements for open head plastic drums under Special Provision (SP) 49 § 172.102(c).
We have paraphrased and answered your questions as follows:
Q1. You ask whether an open head plastic drum (1H2)—which is used for transporting "UN3244, Solids containing corrosive liquid, n.o.s., 8, PG II"—must be subject to the leakproofness test specified in § 178.604.
A1. SP 49 authorizes an open head drum that is designed for solids provided the drum design has been leakproofness tested at the packing group (PG) II level.
Q2. You ask whether the provision specified in § 173.12—allowing the use of an open head drum for the shipment of a hazardous waste—includes an exception from the leakproofness test.
A2. An equivalent (except for closure) open head drum may be used for the transportation of a hazardous waste under certain conditions described in § 173.12(a). An equivalent drum must be capable of passing the leakproofness test as specified in § 178.604.
Q3. You ask whether the provision for the shipment of waste in § 173.12 applies to SP 49.
A3. Provided the material being offered for transportation is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262, the answer is yes. (See the definition of "hazardous waste" in § 171.8). As indicated above, this does not exclude the packaging from the leakproofness test.
Please note that a packaging utilized under SPs 47, 48, and 49 must correspond to a design type that has passed a leakproofness test at the PG II level. Authorized packagings are provided in §§ 173.212 and 173.240 for non-bulk and bulk packagings, respectively.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.8, 172.102(c), 173.12, 173.12(a), 173.212, 173.240, 178.604
|§ 178.604||Leakproofness test|