This section of the RIPA website presents RIPA’s advocacy pieces – comments and testimony, built on consensus among RIPA’s members, offered in response to regulatory and legislative proposals, or perhaps proposed standards from non-governmental bodies.
U.S. DOT Activities
Special Permit 21231 Authorizing Reconditioning and Reuse of 10/8/10 Steel Drums (January 9, 2023)
Application Letter to DOT PHMSA for Granting “Party-To” Status for Special Permit 21231
RIPA Comments on “HM 219A” – A Miscellaneous Batch of Proposed Hazmat Regulatory Changes from DOT (August 29, 2016) RIPA comments in favor of a proposal from RIBCA to allow date marks on bottles and cage plates to differ and reflect the logical sequence of events from bottle manufacture to completion of the whole IBC. RIPA also challenges a proposal to add “or gross weight” to the regulatory provisions that allow a user to “switch out” from liquids to solids, or from one liquid to another with different specific gravity.
RIPA Comments on PHMSA’s Proposed Approach to Specials Permits and Approvals (October 14, 2014) – RIPA offers input on how to judge when an application is “complete”, the readiness of an applicant to operate under an Approval (i.e., “fitness”), and the overall process of engagement with the agency on an application.
RIPA Comments on Drivers’ Hours of Service and Proposed Electronic Logging Devices (May 27, 2014) – RIPA suggests exempting drivers who return home or to a base of operations at the end of each period of duty (including drive time).
RIPA Comments on PHMSA Proposed RnD Aimed at Reconditioning (March 21, 2014) – RIPA argues against any research into whether a new production-line performance test should be created for packagings that are reused, reconditioned or remanufactured.
RIPA Comments on Proposed Policy on “Failure to Pay” Civil Penalties (November 25, 2013) – RIPA argues that a “failure to pay” should not be viewed in isolation as a reason to order a cessation of hazmat business operations, particularly for small business (which includes many reconditioners).
RIPA Comments on Proposed Policy for PHMSA Using Reported “Incident Data” (December 26, 2012) – RIPA recommends that “incident data” be the primary indicator of when and where to make a site inspection, not purely random visits or investigations based on testing at LOGSA / Tobyhanna,
PHMSA Seeks Input on “Fitness” for Special Permits and Approvals (February 29, 2012)
– RIPA comments on problems with the PHMSA Special Permits and Approvals process; offers suggested changes to improve the system.
Proposed Hours-of-Service Changes (March 4, 2011)
– RIPA advises against rule changes that would reduce flexibility for reconditioners and other businesses to plan optimal routes for their drivers.
Industry Letter to UN on “Crossbottling” (April 16, 2008)
– An international industry group for IBCs spells out its position on “replacement bottles” and requirements that they meet an “original manufacturer’s specifications”.
DOT Package Inspection Proposals (December 1, 2008)
– RIPA states its position regarding highway enforcement personnel and their authority to open hazmat packages and close packages already opened.
DOT Miscellaneous Proposals HM 231 (November 27, 2006)
– RIPA opposes a DOT proposal to extend minimum thickness requirements to re-manufacturing, in addition to reuse. Also, RIPA suggests extending IBCs’ definition down to 119 gallons (so that it has non-bulk status, as with drums, thus facilitating reprocessing and reuse).
U.S. EPA Activities
RIPA Comments to U.S. EPA on the Agency’s “Damage Cases” Report (February 3, 2023)
EPA Drum Furnace Proposal on Air Emissions (CISWI) – Follow-up Comments (February 16, 2012)
– Follow-up comments to EPA regarding the definition of “burn-off oven.”
EPA Drum Furnace Proposal to Regulate Air Emissions “CISWI” (August 23, 2010)
– RIPA questions EPA’s proposal to regulate drum furnace air emissions, and for categorizing them as “burn off ovens”.
RIPA Advises EPA on Emptied Drums ( August 6, 2010)
– Emptied drums that meet EPA’s own standards for “empty” are not to be construed as a waste material.
Proposed “Control Technique Guidelines” (August 13, 2008)
– RIPA advises EPA on appropriate levels for VOCs (lb/gallon) in surface coatings for drum interiors and exteriors.
EPA Proposed Definition Solid Waste (August 6, 2010)
– RIPA advises EPA on the status of drum reconditionnig as equipment cleaning and maintenance rather than waste management of “sham recycling”.
EPA Proposal Regarding Paint Booths and Air Emissions (October 16, 2007)
– RIPA explains for EPA paint spray-booth configuration, filter efficiency, and employee training and certification.
EPA Proposed Standards for Water Discharges (June 12, 2001)
– RIPA helps convince EPA that federal pretreatment standards for wastewater from reconditioning are not necessary.
U.S. OSHA Activities
RIPA Provides U.S. OSHA Information on Forklifts (June 28, 2019) – RIPA advises U.S. OHSA on a recent “Request for Information” (RFI) concerning matters related to the regulation of “powered industrial trucks”, e.g. forklifts. Under the current administration, agencies are emphasizing the collection of subject-matter information before issuing a notice of proposed rulemaking. The OSHA “RFI” is, therefore, not a rulemaking, though it could lead to one.
RIPA Comments on OSHA Proposal for Web-Based, Electronic Reporting of Workplace Injuries and Illnesses (March 10, 2014) – RIPA cautions against making public any employer’s workplace incident data due to proprietary concerns and potential misuse by disgruntled parties with no legitimate safety issues.
Other Agencies or Organizations
Postings to come.