Dinda and Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration MAR - 1 2002 Mir. John F. Dinda, Jr. Dinda and Associates, Inc. Ref. No. 01-0302 525 Shady Retreat Road Doylestown, PA 18901 Dear Mr. Dinda: This responds to your November 30, 2001 letter requesting clarification on § 173.240 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may co-load Waste toxic solids, n.o.s.(carbofuran, carbosulfan), 6.1, UN 2811, PG III" with other PG I and PG II packaged waste materials in the same siftproof closed vehicle. According to your letter, FMC Corporation filed an application for exemption on August 16, 2001, to allow non-specification packaging to be used for baled Division 6.1, PG III hazardous waste and co- loaded on the same vehicle with other PG I and PG II packaged hazardous waste materials. You wish to confirm that co-loading of other PG I and PG II packaged waste with PG III waste materials in the same siftproof closed vehicles is permitted. Section 173.240 authorizes the use of siftproof closed vehicles as bulk packagings for certain low hazard solid materials, such as PG III waste materials. Provided, the PG I and PG II waste materials are properly packaged and otherwise comply with the HMR, they may be co-loaded with PG III waste materials in the same siftproof closed transport vehicle. In addition, if the PG III waste materials are co- loaded with other PG I and PG II packaged waste materials, they must also meet compatibility requirements in § 173.21. I hope this answers your inquiry. Sincerely, muttillo Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173.240 010302#

Page 2: 11/30/2001 14:28 FAX 2152307239 DINDA ASSOC INC #102 Boothe $173.240 Arela ssociates Incorparated Exemption 01-0302 November 30, 2001 Office of Hazardous Materials Standards (DHM-10) Research and Special Programs Administration U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590-0001 Dear Sirs: FMC Corporation, Agricultural Chemical Group has contracted with Dinda and of FMC Corporation, we are requesting interpretation of the application of the Associates, Inc. to assist with their regulatory compliance programs. On behalf provisions of §173.240 as described below. FMC Corporation, Agricultural Products Group, filed an application for exemption hazardous waste. The objective was to have the materials used to enclose and on August 16, 2001, to allow non-specitication packaging to be used for baled unitize the bale of waste bags identified, by exemption, as a package. Reasoning was that this exemption package could then be co loaded with other waste packaged materials into a truck van. These other waste materials could include materials of packing groups Il and i. The exemption application is attached for your ready reference less the photographs that originally accompanied the application. On November 7, 2001, FMC received, by fax, a Letter of Interpretation from Mr. Mr. Jerry D. Davis, Manager, Corporate Transportation Programs, Laidiaw Don Burger. That letter dated January 30, 1998, from Mr. Delmer F. Billings to long as all materials loaded were classified as Class 9 (or PG III). Environmental Services, Inc., provided for the situation as described by FMC as that co loading of PG I| and/or I packaged waste in the same transport unit (sift- We wish to confirm, on behalf of FMC Corporation, Agricultural Products Group, proof closed vehicle in the case of PG III materials as authorized by §173.240) is the one sought by FMC Corporation is not needed. authorized by these regulations as presently written and an axemption such as 525 Shady Retreat Road, Doyleslown, PA 18901 VISIT OUR WEBSITE@http://www.Dindalnc.com 215-230-9236 tel 215-230-7239 fax#

Page 3• 11/30/2001 14:28 FAX 2152307239 DINDA ASSOC INC 003 2 I use the word "confirm" in the understanding that I have captured the essence of that time I had asked him if the inclusion of packaged waste in packing groups I! my conversation with Mr. Don Burger (on the 19 of November - I believe). At and/or I were allowed in the same transport unit (sift-proof closed vehicle in the after checking (1 believe with Mr. Edward Mazzullo) was that as long as the PG |I case of PG III materials as authorized by §173.240 or truck van). His response, and/or 1 materials were properly packaged, co loading was in conformance with current regulatory interpretation. Withdrawal of FMC's exemption application is pending your response. I am submitting this request by fax (five pages) and am following up by US Mail. address and telephone numbers indicated on this correspondence at the bottom Please address any questions as well as your response to my attention at the of each page. Sincerely yours, Han and i John F. Dinda, Jr Regulatory Compliance Associate Attached: FMC Exemption Application dated August 16, 2001. 525 Shady Retreat Road, Doylestown, PA 18901 Dinda and Associates, Inc. /ISIT OUR WEBSITE @http://www.Dindalnc.con 15-230-9236 te 215-230-7239 fax E-mail: JohnDinda@Dindalnc.com#

Page 4FMC FMC CORPORATION Agricultural Products Group pelousas, Louisiana 7057 100 St. Louls Avenu Phone (318) 942-5762 Fax (918) 942-587G August 16, 2001 Certified Mail 7001 0360 0002 9507 0587 Associate Administrator for Hazardous Materials Safety Research and Special Programs Administration U.S. Department of Transportation 400 7** Street, SW Washington, DC 20590-0001 Attention: Exemptions, DHM-31 Dear Sirs: FMC Corporation, Agricultural Products Group, 100 St. Louis Ave.., Opeiousas, LA 70570, hereby requests an exemption as identified below. Denise Hubbard. Plant Manager, FMC Corporation, Agricultural Products Group, 100 St. Louis Ave., Opelousas, LA 70570, (337) 942-5976, is the contact for all matters relating to this exemption application. FMC requests an exemption for the use of non-specification packaging for hazardous waste. This hazardous waste consists of empty multiwall paper bags, formulations of carbofuran and carbosulfan. These bags have been shaken but empty woven polypropylene FIBCs and used fiberboard that last contained dry are not considered "clean" by EPA. By EPA designation, this material is hazardous waste. By DOT definition, these are designated hazardous waste. The material that was in the bags or in contact bags would not be considered hazardous materials except for the fact that they with the fiberboard was a dry granule. Such granules display excellent flow characteristics. When the bags are emptied they are virtually product free. For transport, these emptied bags may be placed in bulk non-specification packaging - specifically sift-proof closed vehicles or closed bulk bins. A waste generator such as the FMC plant at Opelousas, LA finds Itself in a predicament. To meet the requirements of the regulations, it is necessary to either more than double transportation costs or to create additional waste. Neither of these options is desirable. 20D 6CZLCZ A LET [00z/90/zT#

Page 5in a 90-day accumulation period, volume of waste bags generated is not sufficient to effectively utilize authorized bulk packaging provided for in the egulations. It a bulk unit, as deschbed earlier, is used, packaged waste canno e added. Addition of packaged materials defeats the definition of "bulk. To accommodate the waste disposal site (incinerator), the bale was preferred. To add PG Ill packaging, it would be necessary to specially design bulk packaging to enclose the bale or to reduce the size of the bale. Reduced bale reduction is a continuing objective at this plant. size results in more than 30% more packages and a lot more waste. Waste EPA requires hazardous waste to be enclosed in a manner that prevents satety in transportation. Only additional waste is created. Section 173.240(b) provides for the placement of certain low hazard solid of sift-proof non-DOT specification portable tanks and closed bulk bins. These materials into sift-proof closed vehicles. Section 173.240(c) provides for the use are the specific bulk packages referred to earlier. In preparing this exemption application, FMC considered two practical approaches that would achieve the same objective. The first was to seek an exempuon to allow the inclusion of packages to a bulk vehicle. This approach was discarded because the bale would have had to be unwrapped and placed without pallet, etc. into this bulk unit. - the packaging presently contemplated by the plant and the disposal site. This The second approach, the one being presented here, is to seek an exemption for hazardous waste but without the additional waste that would be created by the would allow the enclosed bale to be transported in a manner similar to packaged addition of UN Certified packaging. Specifics of the application follow: Proper shipping name, technical names, Class, ID Number and Packing Group • will be: Waste Toxic Solids, n.o.s. (carbofuran, carbosulfan), 6.1, UN2811, PGIII (Carbofuran and carbosulfan waste is listed as P127 and P189.) Transportation will be by motor vehicle by registered waste transporter. Exemption from the provisions of Section 173.240 is requested. Specifically to authorize the use of non-specification bulk packaging as described herein for the transport of hazardous waste. ....#

Page 6Description of exemption proposal: - Empty multiwall paper bags, empty woven polypropylene bags and used using 12-gauge metal wire. A minimum of 6 wires is used per bale. fiberboard are baled and compacted at 1700 psi. Each bale is wrapped bale are 45ª long, 30" high and 42 inches wide. Photo Attachment #1 Average weight of a bale is 500 pounds. Average dimensions of each in its compressed state. shows the bale in the compactor. Eight (8) strands of wire secure the bale to prevent access. The bale is placed on a fiberboard slip-sheet on the EPA requires that hazardous waste, while stored, must be enclosed so as pallet. Photo Attachment #2 shows the bale on the pallet with the slip- pallet, capped with a piece of fiberboard and then stretch wrapped to the Inadvertent exposure or contact is eliminated. Photo Attachment #3 sheet between the pallet and bale. This method fully encloses the bale. covered with a piece of fiberboard. Photo Attachment #4 shows the bale shows the bale on the pallet partially enclosed with stretch wrap and as prepared for storage. The bale is fully enclosed and secured to the pallet with stretch wrap. in conjunction with the disposal facility. Bales are disposed of by incineration. This configuration was developed Product in the bags was originally classed Toxic; Division 6.1, PG III. * The packaging proposed will provide a greater level of safety than the packaging authorized at Section 173.240(b) and 173.240(c). This request is environmentally sound and minimizes waste of resources, natural and other. regulations are amended to authorize this packaging method for hazardous The proposed duration of this exemption is at least two (2) years or until the wastes. FMC requests expedited handling of this application. Sincerely yours, Demil Hildalbang Denise L. Hubbard Plant Manager Enclosure I DO MI#