{"operation":"document","citation":"01-0302","title":"Dinda and Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-03-01","effective_on":null,"summary":"01-0302 response to Dinda and Associates, Inc. concerning 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0302.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0302.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0302","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010302.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMAR - 1 2002\nMir. John F. Dinda, Jr.\nDinda and Associates, Inc.\nRef. No. 01-0302\n525 Shady Retreat Road\nDoylestown, PA 18901\nDear Mr. Dinda:\nThis responds to your November 30, 2001 letter requesting clarification on § 173.240 of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may co-load\nWaste toxic solids, n.o.s.(carbofuran, carbosulfan), 6.1, UN 2811, PG III\" with other PG I and PG II\npackaged waste materials in the same siftproof closed vehicle.\nAccording to your letter, FMC Corporation filed an application for exemption on August 16, 2001, to\nallow non-specification packaging to be used for baled Division 6.1, PG III hazardous waste and co-\nloaded on the same vehicle with other PG I and PG II packaged hazardous waste materials. You wish to\nconfirm that co-loading of other PG I and PG II packaged waste with PG III waste materials in the same\nsiftproof closed vehicles is permitted.\nSection 173.240 authorizes the use of siftproof closed vehicles as bulk packagings for certain low hazard\nsolid materials, such as PG III waste materials. Provided, the PG I and PG II waste materials are\nproperly packaged and otherwise comply with the HMR, they may be co-loaded with PG III waste\nmaterials in the same siftproof closed transport vehicle. In addition, if the PG III waste materials are co-\nloaded with other PG I and PG II packaged waste materials, they must also meet compatibility\nrequirements in § 173.21.\nI hope this answers your inquiry.\nSincerely,\nmuttillo\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.240\n010302\n\n<<<PAGE 2>>>\n\n: 11/30/2001 14:28 FAX 2152307239\nDINDA ASSOC INC\n#102\nBoothe\n$173.240\nArela\nssociates\nIncorparated\nExemption\n01-0302\nNovember 30, 2001\nOffice of Hazardous Materials Standards (DHM-10)\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, SW\nWashington, DC 20590-0001\nDear Sirs:\nFMC Corporation, Agricultural Chemical Group has contracted with Dinda and\nof FMC Corporation, we are requesting interpretation of the application of the\nAssociates, Inc. to assist with their regulatory compliance programs. On behalf\nprovisions of §173.240 as described below.\nFMC Corporation, Agricultural Products Group, filed an application for exemption\nhazardous waste. The objective was to have the materials used to enclose and\non August 16, 2001, to allow non-specitication packaging to be used for baled\nunitize the bale of waste bags identified, by exemption, as a package.\nReasoning was that this exemption package could then be co loaded with other\nwaste packaged materials into a truck van. These other waste materials could\ninclude materials of packing groups Il and i. The exemption application is\nattached for your ready reference less the photographs that originally\naccompanied the application.\nOn November 7, 2001, FMC received, by fax, a Letter of Interpretation from Mr.\nMr. Jerry D. Davis, Manager, Corporate Transportation Programs, Laidiaw\nDon Burger. That letter dated January 30, 1998, from Mr. Delmer F. Billings to\nlong as all materials loaded were classified as Class 9 (or PG III).\nEnvironmental Services, Inc., provided for the situation as described by FMC as\nthat co loading of PG I| and/or I packaged waste in the same transport unit (sift-\nWe wish to confirm, on behalf of FMC Corporation, Agricultural Products Group,\nproof closed vehicle in the case of PG III materials as authorized by §173.240) is\nthe one sought by FMC Corporation is not needed.\nauthorized by these regulations as presently written and an axemption such as\n525 Shady Retreat Road, Doyleslown, PA 18901\nVISIT OUR WEBSITE@http://www.Dindalnc.com\n215-230-9236 tel\n215-230-7239 fax\n\n<<<PAGE 3>>>\n\n• 11/30/2001 14:28 FAX 2152307239\nDINDA ASSOC INC\n003\n2\nI use the word \"confirm\" in the understanding that I have captured the essence of\nthat time I had asked him if the inclusion of packaged waste in packing groups I!\nmy conversation with Mr. Don Burger (on the 19 of November - I believe). At\nand/or I were allowed in the same transport unit (sift-proof closed vehicle in the\nafter checking (1 believe with Mr. Edward Mazzullo) was that as long as the PG |I\ncase of PG III materials as authorized by §173.240 or truck van). His response,\nand/or 1 materials were properly packaged, co loading was in conformance with\ncurrent regulatory interpretation.\nWithdrawal of FMC's exemption application is pending your response.\nI am submitting this request by fax (five pages) and am following up by US Mail.\naddress and telephone numbers indicated on this correspondence at the bottom\nPlease address any questions as well as your response to my attention at the\nof each page.\nSincerely yours,\nHan and i\nJohn F. Dinda, Jr\nRegulatory Compliance Associate\nAttached: FMC Exemption Application dated August 16, 2001.\n525 Shady Retreat Road, Doylestown, PA 18901\nDinda and Associates, Inc.\n/ISIT OUR WEBSITE @http://www.Dindalnc.con\n15-230-9236 te\n215-230-7239 fax\nE-mail: JohnDinda@Dindalnc.com\n\n<<<PAGE 4>>>\n\nFMC\nFMC CORPORATION\nAgricultural Products Group\npelousas, Louisiana 7057\n100 St. Louls Avenu\nPhone (318) 942-5762\nFax (918) 942-587G\nAugust 16, 2001\nCertified Mail 7001 0360 0002 9507 0587\nAssociate Administrator for Hazardous Materials Safety\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 7** Street, SW\nWashington, DC 20590-0001\nAttention: Exemptions, DHM-31\nDear Sirs:\nFMC Corporation, Agricultural Products Group, 100 St. Louis Ave.., Opeiousas,\nLA 70570, hereby requests an exemption as identified below. Denise Hubbard.\nPlant Manager, FMC Corporation, Agricultural Products Group, 100 St. Louis\nAve., Opelousas, LA 70570, (337) 942-5976, is the contact for all matters relating\nto this exemption application.\nFMC requests an exemption for the use of non-specification packaging for\nhazardous waste. This hazardous waste consists of empty multiwall paper bags,\nformulations of carbofuran and carbosulfan. These bags have been shaken but\nempty woven polypropylene FIBCs and used fiberboard that last contained dry\nare not considered \"clean\" by EPA.\nBy EPA designation, this material is hazardous waste. By DOT definition, these\nare designated hazardous waste. The material that was in the bags or in contact\nbags would not be considered hazardous materials except for the fact that they\nwith the fiberboard was a dry granule. Such granules display excellent flow\ncharacteristics. When the bags are emptied they are virtually product free.\nFor transport, these emptied bags may be placed in bulk non-specification\npackaging - specifically sift-proof closed vehicles or closed bulk bins.\nA waste generator such as the FMC plant at Opelousas, LA finds Itself in a\npredicament. To meet the requirements of the regulations, it is necessary to\neither more than double transportation costs or to create additional waste.\nNeither of these options is desirable.\n20D\n6CZLCZ A LET [00z/90/zT\n\n<<<PAGE 5>>>\n\nin a 90-day accumulation period, volume of waste bags generated is not\nsufficient to effectively utilize authorized bulk packaging provided for in the\negulations. It a bulk unit, as deschbed earlier, is used, packaged waste canno\ne added. Addition of packaged materials defeats the definition of \"bulk.\nTo accommodate the waste disposal site (incinerator), the bale was preferred.\nTo add PG Ill packaging, it would be necessary to specially design bulk\npackaging to enclose the bale or to reduce the size of the bale. Reduced bale\nreduction is a continuing objective at this plant.\nsize results in more than 30% more packages and a lot more waste. Waste\nEPA requires hazardous waste to be enclosed in a manner that prevents\nsatety in transportation. Only additional waste is created.\nSection 173.240(b) provides for the placement of certain low hazard solid\nof sift-proof non-DOT specification portable tanks and closed bulk bins. These\nmaterials into sift-proof closed vehicles. Section 173.240(c) provides for the use\nare the specific bulk packages referred to earlier.\nIn preparing this exemption application, FMC considered two practical\napproaches that would achieve the same objective. The first was to seek an\nexempuon to allow the inclusion of packages to a bulk vehicle. This approach\nwas discarded because the bale would have had to be unwrapped and placed\nwithout pallet, etc. into this bulk unit.\n-\nthe packaging presently contemplated by the plant and the disposal site. This\nThe second approach, the one being presented here, is to seek an exemption for\nhazardous waste but without the additional waste that would be created by the\nwould allow the enclosed bale to be transported in a manner similar to packaged\naddition of UN Certified packaging.\nSpecifics of the application follow:\nProper shipping name, technical names, Class, ID Number and Packing Group\n•\nwill be:\nWaste Toxic Solids, n.o.s. (carbofuran, carbosulfan), 6.1, UN2811, PGIII\n(Carbofuran and carbosulfan waste is listed as P127 and P189.)\nTransportation will be by motor vehicle by registered waste transporter.\nExemption from the provisions of Section 173.240 is requested. Specifically to\nauthorize the use of non-specification bulk packaging as described herein for the\ntransport of hazardous waste.\n....\n\n<<<PAGE 6>>>\n\nDescription of exemption proposal:\n- Empty multiwall paper bags, empty woven polypropylene bags and used\nusing 12-gauge metal wire. A minimum of 6 wires is used per bale.\nfiberboard are baled and compacted at 1700 psi. Each bale is wrapped\nbale are 45ª long, 30\" high and 42 inches wide. Photo Attachment #1\nAverage weight of a bale is 500 pounds. Average dimensions of each\nin its compressed state.\nshows the bale in the compactor. Eight (8) strands of wire secure the bale\nto prevent access. The bale is placed on a fiberboard slip-sheet on the\nEPA requires that hazardous waste, while stored, must be enclosed so as\npallet. Photo Attachment #2 shows the bale on the pallet with the slip-\npallet, capped with a piece of fiberboard and then stretch wrapped to the\nInadvertent exposure or contact is eliminated. Photo Attachment #3\nsheet between the pallet and bale. This method fully encloses the bale.\ncovered with a piece of fiberboard. Photo Attachment #4 shows the bale\nshows the bale on the pallet partially enclosed with stretch wrap and\nas prepared for storage. The bale is fully enclosed and secured to the\npallet with stretch wrap.\nin conjunction with the disposal facility.\nBales are disposed of by incineration. This configuration was developed\nProduct in the bags was originally classed Toxic; Division 6.1, PG III. *\nThe packaging proposed will provide a greater level of safety than the packaging\nauthorized at Section 173.240(b) and 173.240(c). This request is\nenvironmentally sound and minimizes waste of resources, natural and other.\nregulations are amended to authorize this packaging method for hazardous\nThe proposed duration of this exemption is at least two (2) years or until the\nwastes.\nFMC requests expedited handling of this application.\nSincerely yours,\nDemil Hildalbang\nDenise L. Hubbard\nPlant Manager\nEnclosure\nI DO MI","truncated":false,"body_characters":11296}