Asplundh Railroad Division — Hazardous Materials Safety Interpretation

Page 1U.S. Deparment of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and JUN 7 2002 Administration Asplundh Railroad Division MI. Gerry Blase Ref. No. 02-0100 708 Blair Mill Rd. Wilow Grove, PA 19090-1784 Dear Mr. Blase: This and placarding requirements under the Hazardous Materials is in further response to your request regarding the marking Regulations (HMR; 49 CFR Parts 171-180) for an empty cargo tank motor vehicle that you previously stated was an empty tank car. an empty cargo tank motor vehicle that no longer contains a Specifically, you ask for confirmation of your understanding that to be marked or placarded. You state that the material, reportable quantity (RO) of a hazardous substance is not required n.o.s. (Diuron), 9, UN3082" was regulated when the cargo tank motor transported as "Environmentally hazardous substances, liquid, vehicle was full solely because it met the RQ of Diuron. You also ask whether any rulemakings were issued that changed this provision HMR. whether the RESIDUE placard requirement still applies under the be removed from an empty cargo tank motor vehicle that no longer You are correct in your understanding that markings or placards may regulated only because it met the RQ when the cargo tank was full. contains an RQ of a hazardous substance, provided the material was No rulemaking was issued to change this provision. the RESIDUE placard, the requirement for its use on tank cars (rail With respect to cars) was removed from the HMR in a final rule (Docket HM-216, 61 cats) was too ro FR 28666) published on June 5, 1996 and effective October 1, 1996. The requirement to use the RESIDUE placard was not applicable to cargo tank motor vehicles. I hope this information is helpful. Please contact this office if we can be of further assistance. Sincerely, Hothe I Michell Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards 173.24 020100#

Page 2McIntyre ASPLUNDH $173.54 5172.504 108 ASPLUNDH RAILROAD DIVISION. TOO SLAIR MAIL HONO, MILON GRONE, PA 1OOP0I7E AREA CODE 215 TELEPHONE TEARS FAX TEA TEA1300 M poy o Placarding 02-0000 Mr. Ben Supka US DOT Haz. Mat. Info. Center Office of Hazardous Materials and Standards Dear Mr. Supko: Regarding our conversation yesterday about the properly displaying UN numbers on "empty" bulk containers that DO NOT contain the RQ amount of product. I'm aftaching to this fax the OOS Violation Notice that my driver received from Ohio Highway Patrol. The officer states "residue of Class 9 material" NO MARKINGS and.NO Class 9 Placards. We use white-square-on-point 3082 numbers when we are required to mark our tanks. He sites the regulation, which I copied from your Web site. There is no mention of a change to the Class 9 exemption for Domestic Shipments (which he claims is as of OCT. 1 2001) Remember this container was EMPTY at the time of inspection and did not contain the required amount of the RQ. 172.504(19 (9) For domestic transportation, a Class 9 placard is not required. A bulk packaging containing a Class 9 material must be marked with the appropriate identification number displayed on a Class 9 placard, an orange panel or a white-square-on-point display configuration as required by subpart D of this part. thisOSS when clearly after full inspection for 1.5 hours the only violation this officer found WAS Can this be resolved with a letter from your Department? We should not be charged with NOT A VIOLATON. CAllED Me. BIASE = Your assistance is greatly appreciated. His MAtERIAL WAS REGULATE ONLY DECHUSE it WAS A Sincerely, hAZ. sub. mEstiNG thE Shry Blase 2Q - Whan Empty No lo066 MEETS RQ. HE ALSO Manager Asplundh- Railroad Division Gerry Blase wants us to stAtE in • RESPONSE WHETHER ANY RULEMARING HAS СНАЛЬЕр PEACHEDiNG/MARKiNE, tO NON such. As Also NANts Io I' Ite WhENER RESIANE ALICHRA STILL ТОМО#

Page 3Office of Licensing and Commercial Standards Ohio State Highway Patrol Rероп.#: OHLH302544 DRIVER VEFICLE INSPECTION REPORT Columbus, Ohio 43218-2014 Post Office Bo* 182074 Dare: 03/28/02 Time Started: 18:056: 09 the Ended: 19:327:30 JACKSON DHQ PHONE: 740-2564141 Insp. Level: 1 (Full Inspection) PLUNDH TREE EXPERT. CO Drivei: STARETT, CHARLES I 8 BLAIR MILL ROAD: • License #: E2U9360 ILLOW GROVE, PA 19090 DOB: 06/24/65 State: WV C#: DOT #: 101328 State #: оле #: 1-800-248-8733 Fax'#; • Cargo: HAZMAT (RESIDUE) scation: ROSS. CO. (CHULLICOTHE) SCALESMilePost: MP14. • Origin: COLUMBUS/OH ighway: 23 • County: ROSS Destination: HUNTINGTON/WV Shipping Paper #: lipper HAZARDOUS MATERIALS ERICLE IDENTIFICATION mt Type 1 TR FORD Make 92 Company License 3992104 a18775 State MS CVSA # . HM Code/Class 9 Miscellanéous HM RAKE ADJUSTMENTS ight xie # + 1/2. I 12 haraber" eit 1 3/4 C-16 C-20 C-30 1 1/2 MOLATIONS Molation Code- St Unit Citation it :Verity Marling requirements bulk packagings-No markings ob.touk at Violations Discovered 72,302• time of insp. Residue of Class 9 domestic shipment. Ref 172.50+(1 1 U . • Vehicle not placarded as required-No Class 9 placards found at (72.504(a) time of inspection. As required as of Oet! 1001. Consignce : C. Interstare Shipment: N Eor-Hire Carrier: N SSN: Drit. Street Address: 605 30TH ST. Drvr City: HUNTINGTON Divr State : WV Drv ZIP : 25702. Seal Brokeri for Inspection: N. Original Seal No. Replacement Seal No. : Ship. docs, prep by carrier: Y. Ship, docs, prep. by shipper: N Loaded by Shipper: N Loaded by carrier: N HM lacident/Accident : N Placards Displayed: N Placards offered by shipper : N Tank Spec. No: : NONE HazClass.A: 9 ID No. A: 3082 Gross W1, A: RESIDUE. Haz Class B: ID No. B: Gross Wt B: Haz Class C: ID No: C:. Gross Wt C: Haz Class D : 1D No. D: Gross Wt D: Haz Class E: ID No. E: Gross Wt. E: Photos Taken: N Photo RefNo: Supplemental Report: N PaperRptNumber : Ibereby declare the ichiclots) so marked above to be OUT OF SERVICE. No person shall remove the OUT OF SERVICE stickars applied to ibis vchicle, if any, nor operate such robicle until the out of service defects have boon repatred and the vchiclo(s) restored to safe operating coudition. POSSIBLE $1,000 PENALTY ($10,000 IF HAULING HAZMAT)O this report. NOTE TO MOTOR CARRIERS: Sign the certificulion below and the one on the back of this form, and retura this report to the NOTE TO DRIVER/MECHANIC: This report must bo fumisucd WITHIN 24 HOURS to the motor carrier whose дат appears at the top of address which, appeurs on the other side of this report within 15 days. Facility: Date: Signature of Repairer: X_ CARRIER CERTIFICATION: This certification and the one on the baok of this form MUST BE SIGNED by the motor carricr and RETURNED WITHIN 15 DAYS if any mechanical violations are listed abovc.] "The undersignod certifics that all mechanical violations listed on this report huve been corrected and action taken to assure compliance with the Motor Carrier Safcty and HM Regulations insofar as they are applicable to mctor carriers and drivers." Date: Signature of Carier Official: X Badge#: Copv Received By: Report Prepared By LESTE $269 HABLES STARET tet Last Page Page #: ! X#