# Service Transport Group, Inc. — Hazardous Materials Safety Interpretation **Citation:** 22-0115 **Type / status:** guidance / guidance **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 2023-03-28 22-0115 response to Service Transport Group, Inc. concerning 172.102, 173.216. ## Document text <<>> U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 March 28, 2023 Thomas Gaudet President Service Transport Group, Inc. 58 Pyles Lane New Castle, DE 19720 Reference No. 22-0115 Dear Mr. Gaudet: This letter is in response to your October 26, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for the transportation of regulated asbestos containing material (RACM). We have paraphrased and answered your question as follows: Q1. You ask whether a common carrier (as opposed to a for-hire contract carrier) is authorized to transport RACM classified as “NA2212, Asbestos, 9, PG III, RQ”. A1. The answer is yes. However, please note that bags and other non-rigid packagings for asbestos are only authorized when transported in motor vehicles that are loaded by—and for the exclusive use of—the consignor and unloaded by the consignee. See § 173.216(c)(2). For your awareness, in accordance with § 172.102(c)(1) Special Provision 156, asbestos that is immersed or fixed in a natural or artificial binder material—such as cement, plastic, asphalt, resins, or mineral ore, or contained in manufactured products—is not subject to the requirements of the HMR. You ask eight (8) additional questions related to the brokerage and carriage of RACM. These questions are beyond the scope of the HMR, and this Office cannot provide any information related to these questions. The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles. You may wish to contact the FMCSA should you require clarification on requirements for contractual relationships between freight carriers and brokers, and requirements applicable to specific kinds of highway motor carriers. <<>> Further, the Environmental Protection Agency (EPA) prescribes requirements for RACM subject to the Clean Air Act, the National Emissions Standards for Hazardous Air Pollutants, and the Toxic Substances Control Act. You may wish to contact your local EPA regional office for clarification on the “chain of custody” requirements applicable to the brokerage of RACM. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division <<>> Patrick 22-0115 SERVICE TRANSPORT GROUP, INC. 58PYLES LANE NEW CASTLE, DE 19720 PHONE: (302) 778-5930 FAX: (302) 778-0446 October 25, 2022 Mr. William S. Schoonover Associate Administrator for Hazardous Materials Safety US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Re: Clarification of FMCSA Regulations Dear Mr. Schoonover, Service Transport Group, Inc. is a for-hire contract carrier engaged in the business of transporting regulated asbestos containing material ("RACM"). We ask that you please clarify the following interpretations and questions pertaining to the transportation of RACM bearing the US DOT description: NA2212, Asbestos, 9, PG 111, RQ, and subject to HMR; 49CFR 171-180. We believe the law is clear that a generator/shipper of RACM retains ownership of, and responsibility for, shipped RACM until it reaches its final disposal site. This raises some compliance issues under federal motor carrier laws. Given our belief that the authorities cited above make clear that a RACM generator/shipper retains ownership and responsibility for the RACM until proper disposal, we ask you to consider the following questions: 1. Is a common carrier (as opposed to a for-hire contract carrier) authorized to transport RACM bearing the shipping description NA2212, Asbestos, 9, PG Ill, RQ, and subject to HMR; 49CFR 171-180? Can a generator/shipper of RACM contract with a Broker to arrange for the transportation of RACM with a for-hire contract motor carrier in the business of carrying general freight and household goods after receiver/consignee (landfill) unloads the RACM? Can a broker arrange for the transportation of RACM with a common carrier in the business of carrying household goods? Can a broker arrange the transportation with a 2nd Broker, and that broker arrange for the transportation of RACM, through a common carrier in the business of carrying household 2. 3. 4. Frederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA <<>> Page2 5. 6. 8. 9. goods? Would this be considered improper double brokering if the generator/shipper was aware of the use of the 2nd broker? Can a for-hire contract carrier act as shipper and sub-contract a common carrier to transport the for-hire carrier contracted load? Can a for-hire contract carrier accept a shipment of RACM from the shipper/generator and then use the for-hire carrier's brokerage authority to broker the load to a common carrier and/or another broker? Does the fact that the shipper/generator does or does not know of the use of a 2nd broker change your answer? 7. If a generator/shipper's designated receiver/consignee refuses the shipper's RACM, is the shipper required to make every effort to find another receiver/consignee of the RACM and reimburse carrier fair and reasonable costs for additional transportation, equipment demurrage and, to the extent necessary, unloading of their property as per 49 USC 14103{a)? If a shipper refuses to pay or reimburse for-hired contract carrier and carrier is forced to unload generator/shipper's RACM outside the terms of any contract, is Shipper subject to 49 USC 14103(b)? If Shippers, Brokers, Contract, and Common Carriers continue to demonstrate a pattern of noncompliance of FMCSA Regulations, at which point are their actions subject to civil and criminal penalties under 49 USC Ch. 149? The FMCSA's guidance is greatly appreciated and please let me know if you have any questions regarding the above. �0� rr�:�det President Service Transport Group, Inc. 58 Pyles Lane New Castle, DE 19720 302-601-6116 office / 267-962-9742 cell tajkn@msn.com email Attachments: US DOT April 22, 1997 correspondence from Delmer F. Billings, Chief, Regulations Development, Office of Hazardous Materials Standards US DOT November 3, 2005 correspondence from Ginny Ridenour, Office of Hazardous Materials Standards US DOT January 6, 2006 correspondence from John A. Gale, Chief, Standards Development, Office of Hazardous Materials Standards, Ref. No. 05-0286 PA State Police October 28, 2005 correspondence from James Weakland, Hazardous Materials/Truck Access, and Sgt. Mark P. Fulton, Staff Services Section Supervisor, Hazmat Brain Teaser Frederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA <<>> RETURN FAX NUMBER (202) 366-3012 NUMBER OF PAGES (INCLUDING COVER) 3 DATE 11/3/2005 TIME 11:42 AM ADDRESSEE Tom Gaudet FAX NUMBER 3027780446 INITIATOR Ginny Ridenour PHONE 215-668-2195 PHONE 1-800-467-4922 MESSAGE - It appause you have asked this question boture.? YOU ARE RECEIVING A TELEFAX FROM THE HAZARDOUS MATERIALS INFORMATION CENTER OFFICE OF HAZARDOUS MATERIALS STANDARDS FOR INFORMATION ON HAZARDOUS MATERIALS TRANSPORTATION PLEASE VISIT OUR WEBSITE AT http://hazmat.dot.gov <<>> US. Deparment of Transportation 400 Sevenin Street, SW Special Programs Research and Washington. D.C. 20590 Administration APR 22 1997 Mr. Thomas Gaudet P. O. Box 1023 Summit Transport Group, Inc. Morrisville, PA 19067 Dear Mr. Gaudet: This is in response to your letter regarding the requirements, including placarding, for transporting asbestos in friable and non-friable form under the Hazardous Materials it has not caused any inconvenience. Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and hope Asbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial value. Friable asbestos is listed as a hazardous substance in "Table 1 of Appendix A" of the Hazardous Materials Table in § 172.101, with a reportable quantity of one pound per package. The packaging requirements for asbestos are found in § 173.216. Paragraph (b) of this section excepts asbestos immersed or fixed in a natural or artificial binder (such as cement, plastic, resins or mineral ore) and manufactured products containing asbestos from the HMR. A Class 9 placard is not required on a vehicle in domestic transportation. A bulk packaging. such as a roll-off container or dump trailer, containing a Class 9 material, such as asbestos, must be marked with the identification number displayed either on a Class 9 placard, an orange panel, or a white square-on-point configuration (See § 172.504(f)(9)). Although not required, container or dump trailer). there is no prohibition against marking or labeling the liner of a bulk packaging, (e.g., roll-off The correct marking ón non-bulk packagings containing asbestos is "Asbestos, NA2212," and for non-commercial, friable asbestos that equals or exceeds its reportable quantity, the letters "RQ" must also be displayed (See §§ 172.301 and 172.324). The Class 9 label is required on non-bulk packagings containing asbestos (See § 172.400(a)(1)). <<>> Your understanding of the size, 3-1/2" X 3-1/2", of a placard, such as the Class 9, is incorrect. A placard must be at least 273 mm (10.8 inches) on each side, and a label must be at least 100 mm (3.9 inches) on each side. The label and placard specifications are found in §$ 172.407 respectively. and 172.519. The Class 9 label and placard must be as shown in §$ 172.446 and 172.560, I hope this information is helpful. If I can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards - Ap 2072 7.141 TOTAL P.03 <<>> of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration JAN - 6 2006 Mr. Thomas Guadet Service Transport Group Inc. Ref. No. 05-0286 58 Pyles Lane New Castle, DE 19720 Dear Mr. Guadet: This is in response to your November 17, 2005 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of asbestos contained in manufactured articles. As provided in § 172.102, Special Provision 156, asbestos contained in manufactured articles, (for example, vinyl floor tiles or roofing papers), or immersed or fixed in a natural or artificial binder material (for example, cement or asphalt) is not subject to the HMR. However, asbestos containing material that has been subject to abrading, sanding or cutting such that the asbestos is no longer contained in the manufactured article is subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, in . John A. Gale Chief, Standards Development Office of Hazardous Materials Standards <<>> SERVICE TRANSPORT GROUP, INC. NEW CASTLE, DE 19720 58 PYLES LANE PHONE: (302) 778-5930 STG FAX: (302) 778-0446 NESHAP AND U.S. DOT ASBESTOS TRANSPORTATION RULES AND REGULATIONS NOVEMBER 22, 2005 The U.S. DOT Hazardous Materials Regulations (HMR) set forth in 49 CFR Parts 171 - 180 apply to both Shippers and Transporters as explained in Section 171.1. In the Asbestos Abatement Industry, the asbestos abatement contractor is usually the authorized agent for the waste generator pertaining to Shipper's Responsibility as defined in 49 CFR Section 173.22 and therefore are subject to the U.S. DOT HMR. As a guidance, we offer the following information for your review. DEFINITIONS The EPA's position regarding Asbesios NESHAP's labeling and shipping requirements applies to material that meets all of the following requirements: 1. The material must contain more than one percent (1%) of asbestos. 2. The amount of the material must be at least 260 linear feet, 160 square feet, or 35 cubic feet. The material must meet the definition of regulated asbestos containing materials (RACM). The Asbestos NESHAP defines RACM in 40 CFR 61.141 as friable asbestos material; Category I non-friable asbestos containing material (ACM) that has become friable; Category I non-friable asbestos material that will be or has been subject to abrading, sanding, grinding, cutting; or Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart. If the material fails to meet any one of the above requirements, then the Asbestos NESHAP that includes the labeling and shipment requirements do not apply. Frederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA <<>> STG NESHAP AND U.S. DOT ASBESTOS TRANSPORTATION RULES AND REGULATIONS NOVEMBER 22, 2005 DEFINITIONS (continued) The U.S. DOT HMR defines Asbestos in 49 CFR 172.101 Table 1 with the symbol ¢* and a Reportable Quantity (RQ) of 1 pound. In the footnote to this table, the symbol ¿é states the RQ for asbestos is limited to friable forms only. The U.S. DOT HMR further defines Asbestos in 49 CFR 173.216 as Asbestos, blue, brown or white, includes each of the following hydrated mineral silicates: chrysolite, crocidolite, amosite, anthophyllite asbestos, tremolite asbestos, actinolite asbestos, and every product containing any of these materials. The above U.S. DOT HMR definitions are the equivalent to NESHAP's Regulation 40 CFR 61.141 definition of RACM. WASTE SHIPMENT RECORDS/SHIPPING PAPERS As per NESHAP 40 CFR 61.150 (d)(1), all Asbestos-Containing Waste Material (including RACM) transported off the facility site must maintain waste shipment records using a form similar to that shown in Figure 4 Waste Shipment Record (WSR). Box number 8, Special handling instructions and additional information, is provided to indicate special transportation, treatment, storage or disposal or Bill of Lading information (i.e. proper US DOT Shipping Description). Box number 9, Generator or Operator's Certification, certifies that the contents of this WSR consignment are fully and accurately described above by proper shipping name and are classified, packed marked and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations. The WSR must be filled out completely and accurately. As per U.S. DOT HMR 49 CFR Parts 171-180, ACM subject to Asbestos NESHAP Regulations is subject to the HMR as a Class 9 material and is listed as a hazardous substance in Table 1 of Appendix A of the Hazardous Materials Table in Section 172.101 with an RQ of 1 pound per package. The proper U.S. DOT shipping description for ACM subject to Asbestos NESHAP. Regulations located in the Hazardous Materials Table in Section 172.101 is RQ Asbestos,9, NA 2212, PG III. 2 <<>> STG NESHAP AND U.S. DOT ASBESTOS TRANSPORTATION RULES AND REGULATIONS NOVEMBER 22, 2005 WASTE SHIPMENT RECORDS/SHIPPING PAPERS (continued) As per U.S. DOT HMR 49 CFR 177.817 (a)(b)(e) and (f), a person may not accept a hazardous material for transportation or transport a hazardous material by highway unless that person has received a shipping paper prepared in accordance with 49 CFR 172 Subpart C: Shipping Papers and Subpart G: Emergency Response Information. A Shippers Certification must meet the requirements in 49 CFR 172.204(a) and (d). PACKAGING/LABELING FOR WASTE CONTAINERS As per OSHA Regulations 29 CFR 1910.1001(i)(4) (i) and (ii) Labeling Specifications, DANGER, CONTAINS ASBESTOS FIBERS, AVOID CREATING DUST, CANCER AND LUNG DISEASE HAZARD warning labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers. In addition, these labels should be printed in such a manner that they are visible and legible using a contrasting background. As per NESHAP 40 CFR 61.150 (a)(v), for asbestos containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. The U.S. DOT packaging requirements for asbestos are found in 49 CFR 173.216, 172.324, 172.301(a)(1) and 172.400(a)(1), and state that each person who offers a hazardous material for transportation in a non-bulk packaging (i.e. bags, drums) must mark the package with the proper shipping name and identification number specific for the material in the 49 CFR 172.101 table (i.e. RQ Asbestos, 9, NA 2212, PG II). LABELING/MARKINGS/PLACARDS FOR TRANSPORT VEHICLES As per 49 CFR 172.301(a)(3), a transport vehicle or freight container containing only a single hazardous material in non-bulk packages must be marked, on each side and each end as specified in Section 172.332 or Section 172.336, with the identification number specified for the Hazardous Material Table in Section 172.101 (i.e. 2212). The label and placard specifications are found in 172.407 and 172.519. The class 9 label and placard must be shown as 172.446 and 172.560 respectively. Section 172.606(a) and (b) or (c) also applies. 3 <<>> STG NESHAP AND U.S. DOT ASBESTOS TRANSPORTATION RULES AND REGULATIONS NOVEMBER 22, 2005 BULK PACKAGING/HAZARDOUS MATERIALS REGISTRATION As per 49 CFR 107.601 (a) (4), a Hazardous Materials Certificate of Registration is required for the transportation of RACM in bulk packaging (i.e. bladder bags, lined roll-off containers) having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet / 17.34 cubic yards) for solids. Sections 172.504(a) and (f)9 and 172.331 require the transport container or freight container to be marked as required by 172.332 on each side and each end with the identification number specified for the material in the 172.101 table. The label and placard specifications are found in 172.407 and 172.519. The class 9 label and placard must be as shown in 172.446 and 172.560, respectively. ADDITIONAL REQUIREMENTS Emergency Response Information as per 49 CFR Section 172 Subpast G. Training as per 49 CFR Section 172 Subpart H. Security Plans as per 49 CFR Section 172 Subpart I. In addition to Federal Regulations, many state and local regulations apply. For example, many state and local agencies require solid waste transportation permits with additional vehicle labels and markings. EXCEPTIONS The above US DOT HMR do not apply to asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products, as per 49 CFR 172.102 Special Provision Number 156. This definition is the equivalent to NESHAP's 40 CFR 61.141 definition of Category I and Category II Non-friable ACM which does not meet the definition of RACM. The above is for informational purposes only. If you have any questions regarding this information, please call Tom Gaudet at 1-302-778-5930. 4 <<>> UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 Via Fax Mr. Tom Gaudet Service Transport Group NOV 1 4 2005 58 Pyles Lane New Castle, DE 19720 Dear Mr. Gaudet: This letter is in response to your request to clarify the labeling requirements as set forth in the Asbestos NESHAP. In order to determine if the labeling requirements apply, you must determine if the material meets all of the following conditions: 1. The material must contain more than one percent (1%) of asbestos. 2. The amount of the material must be at least 260 linear feet, 160 square feet, or 35 cubic feet. 3. The material must meet the definition of regulated asbestos containing materials (RACM). The Asbestos NESHAP defines RACM as friable asbestos material; Category I nonfriable asbestos containing material (ACM) that has become friable; Category I nonfriable asbestos material that will be or has been subject to abrading, sanding, grinding, cutting; or Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart. If the material fails to meet one of the conditions, the Asbestos NESHAP's labeling requirement does not apply. If the material meets all of the above conditions, the Asbestos NESHAP labeling requirement does apply. According to the Asbestos NESHAP, it requires the owners and operators of manufacturing, febricating, demolition, renovation, and spraying operations to comply with labeling requirements as set forth in 40 CFR 61,150. The labeling requirement states that the containers or wrapped materials must be labeled in accordance with the Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administrator (OSHA) under 29 CFR 1910.1001 (i) or 1926.1101 (k)(8). In addition, these labels should be printed in a such manner that they are visible and legible using a contrasting background. Therefore, the label should contain the following information: Printed on 100% recycled/recyclable paper with 100% pos-consumer fiber and process clarine frce. Customer Service Hotline: 7-800-438-2474 <<>> DANGER CONTAINS ASBESTOS FIBERS AVOD CREATING DUST CANCER AND LUNG DISEASE HAZARD for all manufacturing, fabricating, demolition, renovation, and spraying operations as required by Asbestos NESHAP. EPA is aware that the Department of Transportation has labeling requirements. Please refer to the Department of Transportation regarding their regulations, As always, EPA encourages the affected sources or regulated communities to comply with all applicable regulations regarding asbestos from other federal agencies. Please note that the information contained in this letter addresses EPA's asbestos requirements, EPA's asbestos requirements do not supersede any other federal agency, local, county, and state requirements. Therefore, EPA suggests that you contact these agencies to ensure compliance with all applicable asbestos regulations. If you have any further questions, please contact me at (215) 814-2164. Sincerely, Chamber Tia Chambers Asbestos Programs Coordinator <<>> UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 Via Fax Mr. Tom Gaudet Service Transport Group NOV 2 3 2005 58 Pyles Lane New Castle, DE 19720 Dear Mr. Gaudet: This letter is a follow-up to our conversation dated November 24, 2005 regarding labeling of the bags. During our conversation, you stated that the asbestos contractors are using the bags labeled "Danger, Contains Asbestos Fibers, Avoid Creating Dust, and Cancer and Lung Disease Hazard" for asbestos containing materials not subject to the Asbestos NESHAP. By using these bags, the asbestos contractors are declaring that materials contained in the bags are subject to the Asbestos NESHAP The Asbestos NESHAP specifically states that if asbestos material subject to Asbestos NESHAP than the bags should be labeled, manifested, and disposed in an asbestos landfill. If the asbestos material is not subject to the Asbestos NESHAP, then the bags are not required to be labeled, manifested, and disposed in an asbestos landfill. Therefore, an asbestos contractor can use plain bags and dispose of them into a non-asbestos landfill. If the asbestos contractor chooses to use the labeled bags for asbestos material not subject to the Asbestos NESHAP, then the contractor are subjecting the asbestos material to the requirements as required by the Asbestos NESHAP. Therefore, EPA suggests that the asbestos containing material is not subject to the Asbestos NESHAP, then the labeled bags should not be used. If you have any questions, you can call me at (215) 814-2164. Sincerely, Ha Chamber Tia Chambers Asbestos Programs Coordinator Printed on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine frea Customer Service Hotline: 1-800-438-2474 <<>> of Transportation US Department Research and Washingion. D.C. 400 Sevenin Street, SW 20590 Special Programs Administrarien APR 22 1997 Mr. Thomas Gaudet P. O. Box 1023 Summit Transport Group, Inc. Morrisville, PA 19067 Dear Mr. Gaudet: This is in response to your letter regarding the requirements, including placarding, for transporting asbestos in friable and non-friable form under the Hazardous Materials it has not caused any inconvenience. Regulations (HMR; 49 CFR Parts 171-180). Iapologize for the delay in responding and hope Asbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial value. Friable asbestos is listed as a hazardous substance in "Table 1 of Appendix A" of the Hazardous Materials Table in § 172.101, with a reportable quantity of one pound per package. The packaging requirements for asbestos are found in § 173.216. Paragraph (b) of this section excepts asbestos immersed or fixed in a natural or artificial binder (such as cerent, plastic, resins or mineral ore) and manufactured products containing asbestos from the HMR. A Class 9 placard is not required on a vehicle in domestic transportation. A bulk packaging. such as a roll-off container or dump trailer, containing a Class 9 material, such as asbestos, must be marked with the identification number displayed either on a Class 9 placard, an orange panel, or a white square-on-point configuration (See § 172.504(f)(9)). Although not required, there is no prohibition against marking or labeling the liner of a bulk packaging, (e.g., roll-off container or dump trailer). The correct marking on non-bulk packagings containing asbestos is "Asbestos, NA2212," and for non-commercial, friable asbestos that equals or exceeds its reportable quantity, the letters "RQ" must also be displayed (See §§ 172.301 and I72.324). The Class 9 label is required on non-bulk packagings containing asbestos (See § 172.400(a)(1)). <<>> Your understanding of the size, 3-1/2" X 3-1/2", ofa placard, such as the Class 9, is incorrect. A placard must be at least 273 mm (10.8 inches) on each side, and a label must be at least 100 mm (3.9 inches) on each side. The label and placard specifications are found in §$ 172.407 respectively. and 172.519. The Class 9 label and placard must be as shown in $$ 172.446 and 172.560, I hope this information is helpful. If I can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards ) ;) Ap 2032 814| TOTAL P.03 <<>> FW: Hazmat Brain Teaser Fulton, Mark P Fri 10/28/20051:03 PM To: tajkn@msn.com -----Original Message----- From: Weakland, James To: Fulton, Mark P Sent: Friday, October 28, 2005 1:30 PM Subject: RE: Hazmat Brain Teaser Asbestos that is friable is easily crumbled. As such, materials where the asbestos is fixed, (i.e. vinyl floor tiles, resins, plastics) are not considered friable and are not subject to the regulations. Friable asbestos, even in EPA-regulated bags is 3) 2) considered hazardous for transportation and requires shipping papers and ID marking on exterior of vehicle. If the asbestos is bagged, then they do not meet any of the criteria under 107.601 for registering. If the asbestos was Drivers are not required to have a hazmat endorsement because the vehicle is not required to be placarded required to be registered under 107.601(a)(4) shipped as a bulk load in a container greater than 468 cubic feet with no intermediate packaging, then they would be Hopefully this answers you questions. James Weakland PA State Police Hazardous Materials/Truck Access (717) 346-7331 From: Fulton, Mark P ----Original Message-- Sent: Friday, October 28, 2005 11:43 AM Subject: Hazmat Brain Teaser To: Krol, Robert J; Stewart, Kevin; Weakland, James Bob, Kevin & Jim, (truckload). The material is packaged in EPA-regulated bags and is normally generated at waste clean-up sites. I received a call from an individual who is a transporter of asbestos (friable), 2212, PG III, Class 9, RQ vehicles. He alleges that there are other companies in the same business who are circumventing the Hazmat He claims that he always runs with proper shipping papers and he displays the "2212" marking on all of his and not to friable waste asbestos in EPA-regulated bags. He added that they are doing this to avoid DOT rules by interpreting that the rules regarding friable asbestos apply "ONLY" to mineral, raw or mined asbestos, interpretations and I could find no such exemption. Do you know of any? inspections by not displaying the 2212 marking on their trucks. I did some research and found the below drivers are not required to possess a hazmat endorsement on their CDL? Question 2: Since the vehicles are displaying the class 9 marking and not a placard, I assume that the would they be exempt from the registration? Question 3: Last, but not least, is a Hazardous Material Registration required for this type of transport or Thanks for any help that you can provide......Mark From: Fulton, Mark P -----Original Message--. Sent: Friday, October 28, 2005 8:11 AM Subject: To: Raykovitz, James P <<>> Rank Path/Page Excerpt 10 IDOT 980220 [hit count: 2] Asbestos contained in manufactured articles, (e.g. vinyl floor tiles or roofing papers) or immersed or fixed a natural or artificial binder material (e.g. cement or asphalt) is not subject to the HMR ( 173.216(b) You manufactured products. Therefore, these products are not subject to the HMR. Asbestos contained in stated in your letter that all of the asbestos containing materials that you offer for transportation are in manufactured articles, (e.g. vinyl floor tiles or roofing papers) or imm... 10 IDOT 08161 [hit count: 2] A Class 9 placard is not required on a vehicle in domestic transportation. A bulk packaging, such as a roll-c container or dump trailer, containing a Class 9 material, such as asbestos, must be marked with the the liner of a bulk packaging, (e.g. roll-off container or dump trailer) A... Asbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial value. Friable asbestos is listed as a hazardous substance in "Table 1 of Appendix A" of the Hazardous Materials Table in found in § 173.216. Paragraph (b) of this section excepts asbestos immersed or fixed in a natural or artific 172.101, with a reportable quantity of one pound per package. The packaging requirements for asbestos a binder (such as cement, plastic, resins or mineral ore) and manufact... 10 IDOT 07623 [hit count: 2] asbestos is listed in Appendix A to § 172.101 as a hazardous substance with a reportable quantity of one Asbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial value. Friable (such as cement, plastic, resins or mineral ore) and manufactured products containing asbestos from the pound per package. Section 173.216(b) excepts asbestos immersed or fixed in a natural or artificial binder HMR. When asbestos contamination has been removed from uniforms by vacuuming or... © Labelmaster Software, American Labelmark Company. Legal Info. [Feedback] Sgt. Mark P. Fulton Staff Services Section Supervisor 2930 Airport Road Troop M - Bethlehem Bethlehem, PA 18017-2149 Tel No. Fax No. (610) 807-3379 email: (610) 807-3300 mafulton@state.pa.us ## Provenance - Official: Yes - Source: - Source ID: `phmsa` - SHA-256: `59fc1125de961c9b553bfed32e779b4063f5ef472866c892794ec81b2ea94626` - Retrieved: 2026-08-20T00:59:31.977Z - Exported: 2026-08-22T22:29:59.417Z - Document slug: `phmsa-interpretation-22-0115` ### Source metadata ```json { "materialSubtype": "interpretation", "interpretationArea": "hazardous_materials", "representation": "full_text_from_official_pdf", "companies": [ "Service Transport Group, Inc." ], "individuals": [ "Thomas Gaudet" ], "refIds": [ "22-0115" ], "catalogDates": [ "2023-03-28" ], "catalogParts": [ 172, 173 ], "catalogRowCount": 2, "sourceRecordUrls": [ "https://www.phmsa.dot.gov/node/83621" ], "linkedAttachmentUrls": [], "unavailableResponseUrls": [], "duplicateRepresentationUrls": [], "citedSections": [ "172.102", "172.102(c)(1)", "173.216", "173.216(c)(2)", "172.101", "172.504(f)(9)", "172.301", "172.324", "172.400(a)(1)", "172.407", "172.519", "172.446", "172.560", "171.1", "173.22", "177.817", "172.204(a)", "172.332", "172.336", "172.606(a)", "107.601", "172.331" ], "catalogPageUrls": [ "https://www.phmsa.dot.gov/regulations/title49/section/172102", "https://www.phmsa.dot.gov/regulations/title49/section/173216" ], "pdfUrls": [ "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/220115.pdf" ], "representations": [ { "viewUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/220115.pdf", "detailUrl": null, "detailHtmlPath": null, "pdfUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/220115.pdf", "pdfArtifactPath": "data/sources/phmsa-interpretations/22-0115-472b990c00.pdf", "pdfArtifactSha256": "453b19d19ee41de9f15bf46d745fdda03abdfbcb4d28869d5718f9a05dd7ab40", "extractedTextPath": "data/sources/phmsa-interpretations/22-0115-472b990c00.v2.txt", "extractedTextSha256": "2b6fc7bda91717130fada596af8727b2adbea33204595ba29d77a4bef027e2ef", "pageCount": 19, "extractionVersion": 2 } ], "caveat": "Interpretations apply regulations to the facts presented and do not create independently enforceable requirements.", "jurisdiction": "US" } ```