State of New Jersey Department of Environmental Protection — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W Washington, D.C. 20590 Research and Administrations FEB 2 3 2001 Mr. William S. Krimson ..Ref. No. 00-0305 Supervisor, Transportation Oversight Unit State of New Jersey Department of Environmental Protection P.O. Box 407 Trenton. NJ 08625 Dear Mr. Krimson: This is in response to your October 24, 2000 letter questioning the timing of the application of placards to a trailer that is in the process of being loaded but contains a quantity of hazardous materials for which placarding is required. The scenarios presented in your letter deal with the transportation of hazardous wastes in non-bulk packagings and the transfer of these packages between vehicles at a facility and from the facility into vehicles. Specifically, you ask at what point the transport vehicle must be placarded, i.e., when the minimum placardable quantity of hazardous materials is exceeded or when the transport vehicle is fully loaded at the transfer facility. It is the opinion of this Office that the transport vehicle must be placarded at the time of movement of the vehicle. A shipper or carrier cannot reasonably be expected to determine the approprate placards that must be displayed on a transport vehicle until the loading or lacards on a transport vehicle as different hazardous materials are loaded onto or unloade inloading process is completed. It is also not practical for a carrier to constantly chang from the transport vehicle. The "offering" for transportation referred to in 49 CFR 172.506(a) does not occur until the loading is completed. Similarly, until the loading is completed, the motor carrier has not begun "transporting" the hazardous materials within the meaning of Section 172.506(a)(1). I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, omn A All. Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 000305#

Page 2billings § 172.506(a)1 State of Neto Jerseg vacardino Governor Christine Todd Whitman Department of Environmental Protection obert C. Shinn, It. Commissioner Bureau of Hazardous Waste Compliance & Enforcement Waste Compliance & Enforcement & Release Prevention 00-0305 Transportation Oversight Unit Trenton, NJ 08625 P.O. Box 407 Fax. (609) 588-2444 Tel. (609) 584-4250 October 24, 2000 Mr. Edward Mazzullo, Director fice of Hazardous Materials Standard . S. Department of Transportation 400 Seventh Street, SW, Suite 8321 Washington, DC 20590 Ref: Placarding Responsibilities At Transfer Facilities Dear Mr. Mazzullo: I am seeking a determination of the applicability of the placarding requirements at 172.506 (a) 1. In question is the timing of the application of placards to a trailer which is partially loaded but beyond the quantities necessary for Table II material. In this scenario Company A, a for-hire carrier, transports placarded loads of non-bulk hazardous waste to Company B's transfer facility, also a for-hire carrier. This material is off loaded to a loading dock or into a fixed building by Company A's driver who then departs the facility having had the hazardous waste manifest signed by Company B who becomes transporter number two in accordance with 40 CFR 263.20 (d) 1. Company B, at some point, places the hazardous waste from the loading dock into one of their empty trailers along with other packages that are ariving throughout the day from numerous other shipments by their own vehicles or by other carriers. Some material is loaded truck-to- truck; other material is loaded from a fixed storage building. It is my understanding of 177.506 (a) 1, that at the point where a placardable quantity of any Table Il material is placed into the empty trailer, placards must be immediately affixed for that material. I reason that since the material is in transit, placarding applies. Company B, having been cited by this agency for failing to placard the vehicle, argues that since a full load had not yet been placed aboard the trailer and the doors were not closed, placarding determinations could not have been made. Furthermore, they argue that the load had not yet been "offered"; therefore, placards need not be offered to the carrier, (themselves). New Jersey is an Equal Opportunity Employer Recycled Paper#

Page 3RSPA, Transfer Facility Placarding Page 2 of 2 It is my opinion that since the material was in storage incidental to transportation, placarding is required immediately upon the placement of an amount in excess of 1000 pounds of any Table II material and upon the placement of any amount of Table I material into the unplacarded trailer. I maintain that Company B is not the "offerrer" of the material and is responsible for placarding since the material is now in their vehicle. Two other carriers are involved in a variation of this issue. In this case, Company A delivers placarded loads to Company B's trailer with Company A's driver placing the waste into Company B's trailers. The manifests are left with Company B, who does not sign as transporter number 2 until several days have passed and a full load is built. Notwithstanding the violation against & 40CFR 263.20 (d) I), I maintain that Company B is responsible for placarding their trailer Company A for failing to obtain Company B's date and signature on the manifests (172.205 (d) 1 despite their not having taken possession of the waste by not signing the manifest and despite using Company A's drivers to load their trailer. Since New Jersey has twenty-six hazardous waste transfer facilities in operation throughout the state, we are interesting in applying these requirements in a fair and consistent manner. As these enforcement actions are pending administrative hearings, please evaluate these scenarios and advise us as soon as possible if we are applying these rules properly. Should you require additional details please don't hesitate to contact me at (609) 588-3158 or e-mail me at bkrimson@dep.state.nj. William S. Krimson, Supervisor Transportation Oversight Unit 34 0719#