{"operation":"document","citation":"01-0114","title":"Conoco Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-06-07","effective_on":null,"summary":"01-0114 response to Conoco Inc. concerning 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010114.pdf","body":"<<<PAGE 1>>>\n\n...\n::\nUS. Department\nResearch and\nof Transportation\nWashington. D.C\n400 Seventh Street, S.W\n20590\npecial Program\nIdministratiol\nJUN 7 2001\nMs. Sheila B. Ryan\nRef. No. 01-0114\nConoco Inc.\nP.O. Box 2197\nHouston, TX 77252-2197\nDear Ms. Ryan:\nThis is in response to your May 2, 2001 letter concerning requirements for the use of non-DOT\nspecification bulk packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you ask if a non-DOT specification, sift-proof closed bulk bin is allowed for the\ntransportation of a Class 9 environmentally hazardous waste. In addition, you had several questions\nconcerning related issues.\nConcerning your first question, it is important to note that the shipping name you reference is not\ncorrect. The correct shipping description is \"Waste, Environmentally hazardous substance, solid,\nn.o.s., 9, UN 3077, PG III.\" Column 8C of the hazardous materials table in § 172.101 refers you to\n§ 173.240 for bulk packaging options. A non-DOT specification, sift-proof closed bulk bin is\nauthorized to transport this material. Your additional questions are paraphrased and answered below:\nQuestion 1: Are non-DOT specification bins authorized under § 173.240 also permissible for use in\nintrastate transportation if the state does not have regulations covering the transportation of hazardous\nmaterials in non-DOT specification bins?\nAnswer 1: Yes.\nQuestion 2: Are non-DOT specification bins excepted from the HMR requirements?\nAnswer 2: No. Non-DOT specification bins must meet the general packaging requirements for bulk\npackages in §§ 173.24 and 173.24b.\nQuestion 3: July 2000 was the deadline for the transition period during which non-specification\npackagings were allowed for intrastate transportation under § 173.8. Must these non-DOT\nspecification bins authorized for use under § 173.240 be tested and certified in order to be used for\neither intrastate or interstate transportation of hazardous materials?\n173,240\n010114\n\n<<<PAGE 2>>>\n\ntesting or certification.\nAnswer 3: No. A non-DOT specification bin may be used for certain low-hazard materials without any\nI hope this satisfies your request.\nSincerel\nJohn A\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n• 36r vE\n\n<<<PAGE 3>>>\n\nJohnsen\nconoco\n173.240(c)\n173 8\nSheila B. Ryan\nP.O. Box 2197\nConoco Inc.\n281.293.4261\nHouston, TX 77252-2197\nApplicability\n281.293.4394, fax\n01-0114\n2 May 2001\nOffice of Hazardous Materials Standards\nResearch and Special Program Administration\n400 7l Street, SW\nU.S. Department of Transportation\nWashington, D.C. 20590\nSUBJECT: Use of Non-Specification Bins\nDear Sirs:\nConoco Inc. is using non-DOTspecification roll-off boxes to transport environmentally-hazardous waste, n.o.s.,\nplacarded to meet EPA-RCRA and DOT requirements, and transported via highway to a TSDF site out of state.\nNA 3077, class 9 material. The boxes are lifted onto a truck bed, filled, covered, properly marked/labeled/\nWe believe the use of these non-DOT specification sift-proof, closed bulk bins is permissible under 49 CFR\n173.240(c). Is this interpretation of the regulation correct?\nWe are also seeking additional clarification on other regulatory issues:\n(1) Are non-DOT specification binds under § 173.204(c), such as these roll-off boxes, also permissible for use\nhave regulations covering the transportation of hazardous materials in non-DOT specification bins?\nin intrastate transportation if the state wherein the shipment originates and within which it travels does not\n(2) Are non-DOT specification bins exempt from all of the Hazardous Materials regulations?\n(3) July 2000 was the deadline for a transition period during which non-specification packagings were allowed\nfor intrastate transportation under § 173.8. It is our understanding that UN packaging (or DOT-specified)\nmust now be used. Must these non-DOT specification bins be tested and certified in order to be used for\neither intrastate or interstate transportation of hazardous material?\nWe look forward to a prompt response. Please let me know if you have any questions.\nYours truly,\nShiers. Ryan.\nCoordinator, Safety & Regulatory Compliance","truncated":false,"body_characters":4190}