Chair’s Message
- Eric Bernath
Greetings RIPA Members!
I hope everyone is having a pleasant summer with time for family, friends and adventure. And, hopefully, the heat and humidity has not been too bad where you are.
In late July, RIPA’s Board of Directors convened in Chicago, IL to conduct the association’s business.
I am happy to report that the state of the association is strong.
 After several “wins” with U.S. DOT on getting vital Special Permits issued, RIPA is in a strong position to secure more victories with DOT on proposals for regulatory reform. In May, the agency asked for public comment on ways to improve efficiency and cut unnecessary red tape.
RIPA's recommendations are clear: First, write certain Special Permits directly into the Hazardous Materials Regulations. This would make their benefits available to the entire industry and it would remove the hassle of constant, time consuming renewals. Second, RIPA is recommending that the “Tobyhanna” test lab used by DOT limit it’s testing to packagings that have actually experienced a failure in the field. And finally, RIPA is recommending that companies holding “Party to” status on a Special Permit keep that status even if the original applicant chooses not to renew, so long as that decision has nothing to do with packaging safety.
On the U.S. EPA front, I am pleased to share that the agency has withdrawn its national request for additional information on the U.S. reconditioning industry. EPA wanted to use information from the survey to possibly re-write the rules on “RCRA Empty” containers. Over the past several months and years, RIPA has led a strong multi-industry alliance that forcefully opposed any reconsideration of the RCRA empty rule. RIPA will continue to monitor the situation and we are ready to re-engage with our partners if the issue resurfaces.
RIPA is laying plans for the upcoming Annual Conference in Tucson, as well as the International Conference in October 2026 in Las Vegas. We hope to see you all at both of these events. See a broader report on the international event elsewhere in this edition of RIPA E*News.
Also in this edition, see a full report on the inaugural session of the Next Generation program. We had an excellent turnout and the group learned a lot about the history of their industry and how the association does business. A big thank-you to the Evoy family and the entire FDS team for hosting us, including an outstanding tour of their IBC operation. It was a productive, fun and memorable event.
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RIPA's "Next Generation" Program - Update
 Thirteen of the newest entrants to the reconditioning business convened in Chicago, IL for two days in July to participate in the first session of RIPA’s new Next Generation program. Actually, some participants aren’t exactly new to the industry having grown up amidst their 2nd- or 3rd-generation families. But they may be relatively new to the functions of RIPA and to the benefits and opportunities it helps create.
 The group is a good cross-section of the RIPA membership. The larger multi-site companies are there, as are several of the other businesses. The regions they represent range from California to New Jersey and Illinois to Tennessee. Two Supplier Members also have participants in the mix.
The sessions began with the “Next Gen-ers” sitting in on the Board of Directors’ summer meeting. They got an up-close look at how budgets are presented and approved; how certain regulatory matters get discussed and acted upon; how membership recruitment gets addressed; how RIPA conferences and events are planned; and how special projects and publications are conceived and delivered to the members.
 After the Board Meeting, the class convened separately to introduce themselves and to hear about the history, size and scope of the industry in general, and as relates to RIPA, specifically.
The group heard from RIPA President Paul Rankin about the history and evolution of the association. Technical Director C.L. Pettit presented data from the most recent RIPA survey of the industry for information on production levels, production methods, plant operations and process equipment. Counsel Rick Schweitzer presented a primer on the regulatory process as carried out by the various regulatory agencies.
The gro up was then treated to a talk from honored guest and RIPA Hershson Award winner, Elliot Pearlman. He touched on how much has changed in the industry but how much of the same spirit survives.
A panel of three Board members then offered their views and their experiences from having participated in RIPA for many years. David Levine, Noah Flom and Brian Evoy shared some of their favorite events and sessions where they picked up piratical knowledge on how things could be done. And they had some serious fun along the way!
The next morning, the group hopped on a bus and made its way over to Fibre Dum Sales, about 20 minutes from the downtown hotel. The group took seats in the breakroom as Brian Evoy recounted much of the history of the business. Then a tour of the facility began where attendees asked numerous questions and "took in" all the logistics. The proceedings ended with a fantastic, catered Mexican buffet! Thank you to FDS and the Evoy family!
Another meeting and program for the "Next Gen-ers" will be a priority topic of discussion going forward.
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Tim O’Bryan to be Honored with the Morris Hershson
Award of Merit at the 2025 Annual Conference
Tim O’Bryan, Co-President of O’Bryan Barrel Company and former Chair of the Reusable Industrial Packaging Association, has been selected by his industry peers to receive the 2025 Morris Hershson Award of Merit. Mr. O’Bryan will be given the award at the Lowes Ventana Canyon Resort Hotel on October 16, 2025, during the association’s Annual Conference. RIPA presents the prestigious award to an individual for “distinguished and longstanding service” to the reusable industrial packaging industry.
Tim O’Bryan has been deeply engaged in association activities for decades, and his impact on the group has been significant. He has been a member of the RIPA Board of Directors since 2016, leading to his election as Association Chair in 2022. During his tenure, Tim helped guide the association through one of its most worrying crises, the battle against U.S. Environmental Protection Agency efforts to impose restrictive operating regulations on reconditioning companies. Also, Tim played a leading role in RIPA’s successful effort to obtain authorization from the Department of Transportation to recondition 10/8/10 steel drums. More recently, under Tim’s leadership, O’Bryan Barrel became the first company to obtain a Special Permit from DOT to forego the annual design-type re-test period for steel drums. Tim currently serves as RIPA International Committee Chair and is a member of the RIPA planning committee for the 2026 International Conference on Industrial Packaging.
“Every RIPA member knows and appreciates the work Tim has done to better the association and the industry over the years,” says RIPA Chairman and colleague, Eric Bernath. “Tim has given tirelessly of his time and energy to ensure that RIPA serves the interests of all members. In my opinion, there is no more deserving recipient of this honor than Tim O’Bryan.”
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RIPA Meets with EPA on Empty Drum Regulatory Issues
- Education and outreach are crucial
Late last month, RIPA President Paul Rankin and outside counsel Duke McCall met with a large contingent of personnel from the U.S. Environmental Protection Agency’s Office of Land and Emergency Management (OLEM), the EPA Office that oversees Agency activities concerning the empty-container rule. The meeting was also attended by representatives of American Fuel & Petrochemical Manufacturers, who are key players on the issue and represent the nation’s oil refining industry.
The EPA attendees included Steven Cook, Principal Deputy Assistant Administrator of OLEM (the highest-ranking official in OLEM at present), several of his top advisors and Jessica Young, who manages the EPA team that prepared the Advance Notice of Proposed Rulemaking and issued the “Drum Reconditioner Damage Case Report” several years ago.
At the meeting, EPA advised that they had pulled-back their Information Request, which was supposed to be sent to all reconditioners operating in the U.S. They said they are now in a thinking and fact-finding mode with respect to the ANPRM and they are evaluating options to facilitate the reconditioning of industrial containers while protecting human health and the environment. EPA solicited RIPA’s views on how to accomplish that end. RIPA President Paul Rankin explained that the association believes that non-regulatory means, specifically those identified in RIPA’s comments on the ANPRM, would be most effective. AFPM concurred with Rankin’s views.
Rankin also said that RIPA believes the most effective means of promoting compliance is through education and outreach. EPA mentioned concerns about the mixing of chemicals at reconditioning plants and suggested that perhaps the association could suggest operating procedures to reduce any risk.
According to Paul Rankin, “It is our view that EPA could support a non-regulatory means to address the issue of “heavy” (or non-empty) containers.” To be successful, any proposals the industry offers "...must include some actions that will reduce the occurrence of non-empty containers sent to reconditioning facilities and promote the proper handling of non-empty containers that may be received by reconditioners. "
The RIPA Board of Directors has established a committee to develop a plan to educate emptiers about their responsibilities under the law, create an industry coalition to support this effort, and partner with EPA to implement a national container emptying education and compliance program.
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International Conference ** October 2026 ** Las Vegas, Nevada
 SAVE THE DATES! October 11 -15, 2026 for the International Conference on Industrial Packaging. This event happens only once every 9 years in North America. Once every three years, the International Conference rotates to Europe, Japan and North America.
In 2026, RIPA and the U.S. and North American industry will be the official hosts once again. In recent years, RIPA and its colleagues hosted the event in San Francisco, CA (2006) and Vancouver, Canada (2015). Both were amazing.
Next year, 2026, the International Conference will be in Las Vegas !
RIPA has already assembled a team of industry leaders, together with RIPA staff, to map-out all the events, the program content and a Suppliers Exposition. Of course, input from our overseas friends and colleagues is part of the process.
You don’t want to miss this. It will include some sessions that comprise a RIPA Annual Conference for RIPA members, as is traditional and necessary.
More news is coming soon.
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Important Directive Renewed for Canadian RIPA Members
RIPA has successfully renewed the Equivalency Certificate SU 11819 (Ren. 3). This Certificate is issued by Transport Canada and prescribes the placard requirements for emptied drums and emptied IBCs being transported to a reconditioner, an IBC leak test and repair facility, or an appropriate facility for disposal or recycling.
Only the Danger placard need be used but it must be placed and displayed as stated in the Certificate. Other conditions also apply.
The Renewal is for 5 years, expiring October 31, 2030.
The Certificate was conceived and written only for members of RIPA. Copies in both English and French are available. Notice of this news has been sent already to all RIPA Canadian Members. Please contact RIPA with any questions or concerns.
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Special Election Fills a Vacated Board Seat
RIPA just completed a special election to fill a Board seat vacated earlier this year.
Mr. Ed Bash, Manager for Regulatory Compliance with Patrick Kelly Drums in New Jersey, is set to fill the seat, first for the balance of a three-year term, and then he will be eligible for re-election to a full term.
RIPA Chair, Eric Bernath, observes "..Ed brings many years of experience with regulatory compliance and operations. He has a demonstrated record of working with regulators and communities in addressing issues. He has been very active in RIPA's efforts to manage compliance issues and challenge regulatory over-reach. We welcome Ed to the Board!"
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New Texas Law Restricts Location and Operation of IBC Facilities
RIPA has learned that the State of Texas recently passed legislation (HB 3866), now signed into law, restricting the location of facilities that reprocess intermediate bulk containers (IBCs). The law, which takes effect on September 1, 2025, requires new IBC reprocessing facilities (opening on or after Sept. 1) to register with the Texas Commission on Environmental Quality (TCEQ) and pay an annual fee.
The legislation was introduced in response to a 2024 fire that broke out at an IBC reprocessing facility in Ector County, TX, which threatened nearby homes and forced evacuations. Specifically, the law:
- Defines an “intermediate bulk container” as a “rigid or flexible portable packaging, other than a cylinder or portable tank…with a volume of at least 275 gallons [that is] regulated by the Pipeline and Hazardous Materials Safety Administration.”
- Defines an IBC “recycling facility” as a facility that “…accepts intermediate bulk containers for purposes of reconditioning the containers for reuse or disposal.” Facilities that stage, store or process 50 or fewer IBCs at all times are exempt from the law.
- Prohibits the installation and operation of a new IBC recycling facility “…within 2000 feet of a private residence.”
- Requires IBC facility operators to register with the TCEQ 30 days prior to the beginning of operations. However, there is a built-in grace period: Between the effective date (Sept. 1 2025) and March 1, 2027, a new facility will have until March 31, 2027 to get registered. This also gives the Commission the time it needs to develop and launch its program to conduct registrations and inspections.
- Requires facility operators to pay an annual registration fee “…sufficient to cover the reasonable costs of administering the registration program…” including the costs of program implementation and inspection.
- Requires TCEQ to inspect IBC facilities “…at least once every three year
- Nothing in the law prevents municipalities from issuing their own restrictions or bans.
In talks with the TCEQ, RIPA has learned that the law requires a dedicated allocation of funds from the legislature for the program to commence. Thus far, no allocation has been made. Thus, the program is on hold. The state legislature is currently in “special session” to address potential re-districting and the recent flooding. The legislature's next official biennial session begins in December 2027. RIPA will continue to monitor developments and report to the membership accordingly.
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RIPA Asks U.S. DOT / PHMSA for Regulatory Relief
In response to an Advance Notice of Proposed Rulemaking (“ANPRM”) issued by the U.S. Department of Transportation, “Hazardous Materials: Mandatory Regulatory Reviews to Unleash American Energy and Improve Government Efficiency” (HM-265B), RIPA has asked the Agency to make significant changes to the Hazardous Materials Regulations that would greatly benefit all association members.
The ANPRM seeks information from regulated entities, such as RIPA, and the public on whether to repeal or amend regulations, codify Special Permits or Approvals, update or delete regulatory interpretations and otherwise make more efficient the Hazardous Materials Regulations (“HMR”).
RIPA’s comments focused on issues that will reduce cost and regulatory burdens for members. Specifically, RIPA asked the Agency to:
- Adopt as regulations two Special Permits and an “Approval” used by numerous association members;
- Revise the manner in which Special Permits and Approvals are issued to ensure that holders of “party-to” status retain their authorization even if the original holder is no longer an operating entity.
- Notify holders of Special Permits and Approvals in advance of the expiration date; and,
- Extend the renewal period for “M” (and “R”) numbers from 5 years to 10 years.
Additionally, RIPA asked DOT to:
- Authorize the use of ultrasonic leakproofness testing for metal and plastic drums, as well as intermediate bulk containers;
- Revise the pass/fail criteria for design type testing and periodic retesting;
- Extend from one year to three years the time period for conducting retesting of individual packaging design types;
- Allow the use of one non-bulk package for multiple design type or design requalification tests; and,
- Only send packagings to Tobyhanna for testing if they have failed in transportation or have been deemed by DOT enforcement officials as presenting a significant risk of failure in transportation.
RIPA asked DOT to include in the HMR two Special permits: (a) DOT-SP 16323, which authorizes the installation of a tested inner IBC receptacle of a composite IBC without the need to subject the replacement inner receptacle to a leakproofness test after installation; and (b) DOT-SP 21231, which authorizes the reconditioning for reuse of 1A1 and 1A2 steel drums with capacities greater than 100 liters, that bear marked nominal head/body/head thicknesses of 1.0/0.8/1.0.
A copy of RIPA’s full comments can be found on the website (here).
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Did You Know ?….Fun Facts about the Wooden Barrel
The wooden barrel was the world’s principal shipping container for at least 2000 years!
The wooden barrel was used to store and ship oil when it was first discovered in Titusville, PA in 1859.
The capacity of most wooden barrels used in the US was 42 gallons.
Wooden barrels used to contain liquids were called “tight” barrels and those used for solids were referred to as “slack” barrels.
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Contact RIPA at 301-577-3786 or admin@ripaus.com
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