PHMSA Clarifies Closure Instruction Retention for Reshippers

In February 2010, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published HM-231 which detailed the requirements for closure instructions as well as identifying a retention period for closure instructions. Several members of the Council on Safe Transport of Hazardous Articles, COSTHA, noted concerns over the adopted language and requested an interpretation from PHMSA to clarify the requirement to retain closure instructions. It was COSTHA’s contention that closure instructions were required to be retained by each shipper who performs a closure activity, but that shippers who were only forwarding packaging which had not been opened and therefore were not required to be re-closed were not required to maintain closure instructions. This interpretation was validated in an April 11th, 2011 letter issued to COSTHA from PHMSA in which they stated that as specified in 178.2(c)(i)(A), closure instruction notification is required to inform the user of a hazmat packaging of all the requirements the packaging does not meet at the time of transfer. A completed package that is properly closed meets all the requirements contained in its closure instruction at the time it is offered for transportation. If reused, 173.28(a) requires that all packagings used more than once be in such condition, including closures, that they conform to the CFR. Therefore, if the package is not opened and continues to meet its performance standard, the person who received the package and is re-offering it for transportation does not need to retain its closure instructions per 173.22(a)(4). A copy of the PHMSA letter can be found on their web site.