{"operation":"document","citation":"00-0305","title":"State of New Jersey Department of Environmental Protection — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-02-23","effective_on":null,"summary":"00-0305 response to State of New Jersey Department of Environmental Protection concerning 172.506.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0305.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0305.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0305","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000305.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W\nWashington, D.C. 20590\nResearch and\nAdministrations\nFEB 2 3 2001\nMr. William S. Krimson\n..Ref. No. 00-0305\nSupervisor, Transportation Oversight Unit\nState of New Jersey\nDepartment of Environmental Protection\nP.O. Box 407\nTrenton. NJ 08625\nDear Mr. Krimson:\nThis is in response to your October 24, 2000 letter questioning the timing of the application\nof placards to a trailer that is in the process of being loaded but contains a quantity of\nhazardous materials for which placarding is required.\nThe scenarios presented in your letter deal with the transportation of hazardous wastes in\nnon-bulk packagings and the transfer of these packages between vehicles at a facility and\nfrom the facility into vehicles. Specifically, you ask at what point the transport vehicle must\nbe placarded, i.e., when the minimum placardable quantity of hazardous materials is\nexceeded or when the transport vehicle is fully loaded at the transfer facility.\nIt is the opinion of this Office that the transport vehicle must be placarded at the time of\nmovement of the vehicle. A shipper or carrier cannot reasonably be expected to determine\nthe approprate placards that must be displayed on a transport vehicle until the loading or\nlacards on a transport vehicle as different hazardous materials are loaded onto or unloade\ninloading process is completed. It is also not practical for a carrier to constantly chang\nfrom the transport vehicle. The \"offering\" for transportation referred to in 49 CFR\n172.506(a) does not occur until the loading is completed. Similarly, until the loading is\ncompleted, the motor carrier has not begun \"transporting\" the hazardous materials within\nthe meaning of Section 172.506(a)(1).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nomn A All.\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n000305\n\n<<<PAGE 2>>>\n\nbillings\n§ 172.506(a)1\nState of Neto Jerseg\nvacardino\nGovernor\nChristine Todd Whitman\nDepartment of Environmental Protection\nobert C. Shinn, It.\nCommissioner\nBureau of Hazardous Waste Compliance & Enforcement\nWaste Compliance & Enforcement & Release Prevention\n00-0305\nTransportation Oversight Unit\nTrenton, NJ 08625\nP.O. Box 407\nFax. (609) 588-2444\nTel. (609) 584-4250\nOctober 24, 2000\nMr. Edward Mazzullo, Director\nfice of Hazardous Materials Standard\n. S. Department of Transportation\n400 Seventh Street, SW, Suite 8321\nWashington, DC 20590\nRef: Placarding Responsibilities At Transfer Facilities\nDear Mr. Mazzullo:\nI am seeking a determination of the applicability of the placarding requirements at 172.506 (a) 1.\nIn question is the timing of the application of placards to a trailer which is partially loaded but\nbeyond the quantities necessary for Table II material.\nIn this scenario Company A, a for-hire carrier, transports placarded loads of non-bulk hazardous\nwaste to Company B's transfer facility, also a for-hire carrier. This material is off loaded to a\nloading dock or into a fixed building by Company A's driver who then departs the facility having\nhad the hazardous waste manifest signed by Company B who becomes transporter number two in\naccordance with 40 CFR 263.20 (d) 1.\nCompany B, at some point, places the hazardous waste from the loading dock into one of their\nempty trailers along with other packages that are ariving throughout the day from numerous\nother shipments by their own vehicles or by other carriers. Some material is loaded truck-to-\ntruck; other material is loaded from a fixed storage building. It is my understanding of 177.506\n(a) 1, that at the point where a placardable quantity of any Table Il material is placed into the\nempty trailer, placards must be immediately affixed for that material. I reason that since the\nmaterial is in transit, placarding applies.\nCompany B, having been cited by this agency for failing to placard the vehicle, argues that since a\nfull load had not yet been placed aboard the trailer and the doors were not closed, placarding\ndeterminations could not have been made. Furthermore, they argue that the load had not yet been\n\"offered\"; therefore, placards need not be offered to the carrier, (themselves).\nNew Jersey is an Equal Opportunity Employer\nRecycled Paper\n\n<<<PAGE 3>>>\n\nRSPA, Transfer Facility Placarding\nPage 2 of 2\nIt is my opinion that since the material was in storage incidental to transportation, placarding is\nrequired immediately upon the placement of an amount in excess of 1000 pounds of any Table II\nmaterial and upon the placement of any amount of Table I material into the unplacarded trailer. I\nmaintain that Company B is not the \"offerrer\" of the material and is responsible for placarding\nsince the material is now in their vehicle.\nTwo other carriers are involved in a variation of this issue. In this case, Company A delivers\nplacarded loads to Company B's trailer with Company A's driver placing the waste into Company\nB's trailers. The manifests are left with Company B, who does not sign as transporter number 2\nuntil several days have passed and a full load is built. Notwithstanding the violation against\n& 40CFR 263.20 (d) I), I maintain that Company B is responsible for placarding their trailer\nCompany A for failing to obtain Company B's date and signature on the manifests (172.205 (d) 1\ndespite their not having taken possession of the waste by not signing the manifest and despite\nusing Company A's drivers to load their trailer.\nSince New Jersey has twenty-six hazardous waste transfer facilities in operation throughout the\nstate, we are interesting in applying these requirements in a fair and consistent manner. As these\nenforcement actions are pending administrative hearings, please evaluate these scenarios and\nadvise us as soon as possible if we are applying these rules properly.\nShould you require additional details please don't hesitate to contact me at (609) 588-3158 or\ne-mail me at bkrimson@dep.state.nj.\nWilliam S. Krimson, Supervisor\nTransportation Oversight Unit\n34 0719","truncated":false,"body_characters":6098}