{"operation":"document","citation":"02-0191","title":"University of Hawai'i at Manoa — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-05-27","effective_on":null,"summary":"02-0191 response to University of Hawai'i at Manoa concerning 173.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0191.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0191.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0191","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020191.pdf","body":"<<<PAGE 1>>>\n\nte.\nTransportatic\nS. Departme\nMAY 27 2003\n400 Seventh St., S.W.\nResearch and\nWashington, D.G. 20590\nSpecial Programs\nAdministration\nMr. Tim O'Callaghan\nReference No. 02-0191\nEnvironmental Health and Safety Office\nHazardous Materials Management Officer\nUniversity of Hawaii at Mãnoa\n2040 East-West Road\nHonolulu, HI 96822\nDear Mr. O'Callaghan:\nThis is in response to your letter requesting clarification on the requirements in § 173.12 for\ntransporting hazardous wastes in a lab pack under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). We apologize for the delay in responding and any inconvenience this\nmay have caused. Your questions are paraphrased and answered below.\nQuestion 1. What is the definition of the term \"lab pack\" mentioned in § 173.12(b)?\nAnswer 1.\nWe do not define the term \"lab pack\" in the HMR. We adopted the requirements\nn § 173.12 to align the HMR with regulations on lab packs issued by the\nEnvironmental Protection Agency. In general terms, a lab pack is a large oute\ndrum containing small inner packagings that are filled with various compatible\nlaboratory hazardous wastes.\nQuestion 2.\nWould several small containers of hazardous material or hazardous waste, or both,\nof the same hazard class (e.g., oxidizers such as sodium nitrate, potassium nitrate,\nand calcium nitrate packed in a larger DOT-approved container be a lab pack?\nAnswer 2.\nThe answer is yes, provided the packaging meets the requirements in § 173.12.\nQuestion 3.\nWould several small containers of one hazardous material or hazardous waste\n(e.g., potassium nitrate) placed together in one larger DOT-approved container be\na lab pack?\nAnswer 3.\nThe answer is the same as in Answer 2.\nQuestion 4.\nSection 173.12(b) limits transportation of lab packs to highway only. The\nUniversity of I-lawaii at Manoa is a party to Exemption DOT-E 10933, which\npermits lab packs to be transported by rail and vessel with additional restrictions.\nParagraph 8a of the exemption states: \"A person who is not a holder of this\nexemption who receives a package covered by this exemption may re-offer it for\n73.12\n020191\n\n<<<PAGE 2>>>\n\n:\ntransportation provided no modifications or changes are made to the package and\nit is re-offered for transportation in conformance with this exemption and the\nHMR.\"\n(a)\nIf the University hires a contractor to package hazardous waste materials under\nUniversity direction and supervision and the University representative signs the\nwaste manifest as the generator, is it necessary for the contractor to be a party to\nthe work.\nthe exemption? The contractor personnel have all the required training to perform\nAnswer (4a). The answer is no.\n(b)\ncontractor to package the hazardous waste and then transport it to point A, is the\nUnder the same circumstances described in question 4(a), if the University hires a\ncontractor required to be a party to the exemption?\nAnswer 4(b). The answer is no. Paragraph 10 of DOT-E 10933 requires the carrier to place a\ntransport packages conforming to this exemption.\ncopy of this exemption aboard each motor vehicle or cargo vessel used to\nQuestion 5.\nHow do the requirements in § 173.12(b) relate to the requirements in §§ 173.4,\n173.150, 173.151, 173.152, 173.153, 173.154, and 173.155? Specifically, can a\napplicable requirements in § 173.4 or §§ 173.150 through 173.155 are met?\nhazardous waste lab pack be transported by vessel without an exemption if the\nAnswer 5.\nThe answer is no; hazardous wastes that are offered for transportation\nunder § 173.12(b)(1) are restricted to transportation for disposal or recovery by\nhighway only. For transportation by vessel, an exemption must be obtained under\nthe provisions of 49 CFR Part 107, Subpart B.\nI hope this satisfies your request.\nSincerely,\nHi the a mithell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n07/11/02\nTHU 09:33 FAX 8089563205\nUH ENV HLTH & SAFETY\nØ002\nUNIVERSITY OF HAW\n\" \"\nMAN OA\nEnvironmental Health and Safely Office\nEdmorson\n$173.12\nJuly 11, 2002\nHazardous Waste\nVia Facsimile (202) 366-3012\nExceptions\n020191\nDirector of Hazardous Material Standards\nSafety, Research and Special Programs Administration\nU. S. Department of Transportation\n400 Seventh Street S.W.\nWashington, D.C. 20590-001\nDear Director:\nThe University of Hawaii is a large quantity generator: of hazardous Waste: There\nare no EPA disposal sites in the state of Hawaii and therefore all af our regulated:\nwaste must be shipped to the continental U.S. for disposal. This letter requests à\nclarification of certain Department of Transportation regulations concerting the\nshipment of hazardous waste materials as follows:\n1. The term \"labpack\" is mentioned in 49 CFR 173.12 (b) is there a specific\ndefinition for this term?\n2. Would several small containers of hazardous material/hazardous waste of the\nsame hazard class (e.g., sodium nitrate, potassium nitrate, and calcium nitrate)\ncontained in a larger DOT approved container be a \"labpack\"?\n3. Would several small containers of one hazardous material/hazardous waste\n(e.g., potassium nitrate) contained in a larger DOT approved container be a\n\"labpack\"?\n4. 49 CFR 173.12 (b) limits transportation of \"labpacks\" to highway only. An\nxemption, DOT E-10935 (copy attached) authorizes transportation of \"labpacks'\nby rail and vessel with additional restrictions. Paragraph 8a states: \"A person whe\nis not a holder of this exemption who receives a package covered by this exemption\nmay reoffer it for transportation provided по modifications or changes are made to\nTelephone: (809) 956-8660, Facsimile: (606) 956-3205\n2040 Egst-West Road, Honolulu. Hawsil 96822\nAn Equal Opporlunity/Affirmative Action Institution\n\n<<<PAGE 4>>>\n\n07/11/02 THU 09:34 FAX 8089563205\nUH ENV HLTH & SAFETY\n0003\nDirector of Hazardous Material Standards\nJuly 11, 2002\nPage 2.\nthe package and it is reoffered for transportaion in conformance with this exemption\nand the HMR.\" The University of Hawaii at Manoa has applied to become a party\nto this exemption.\na. If the University hires a contractor to package hazardous waste materials under\nUniversity direction and supervision and the University representative signs the\nwaste manifest as the generator, is it necessaty for the contractor to be a party to the\nexemption? The contractor personnel have all of the required training to perform\nthe work.\nb. Under the same circumstances described in paragraph 4a above, if the contractor\nhired by the University to pack the waste is also the contractor who will be the first\ntransporter of the hazardous waste, is the contractor required to be a party to the\nexemption?\n5. How do the requirements in 49 CFR 173.12 (b) relate to the requirements in 49\nCFR 173.4 and 173.150, 173.151, 173.152, 173.153, 173.154, and 173.155?\nSpecitically, can hazardous waste materials, which would be considered as\n\"labpacks\" be transported by vessel without at exemption to 49 CFR 173.12 (b) if\nthe requirements of 49 CFR 173.4 (small quantity) or 49 CFR 173.150 to 173.155\n(limited quantity) as applicable are met?\nIf you need any further information to answer these questions, please contact me at\n(808) 956-3198 or at ocallagh@hawaii.edu.\nThank you for your assistance in this\nmatter.\nVery truly yours,\nTinG ally\nTim O'Callaghan\nHazardous Material Management Ofücer","truncated":false,"body_characters":7349}