{"operation":"document","citation":"02-0227","title":"Department of Environmental Protection, State of New Jersey — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-03-17","effective_on":null,"summary":"02-0227 response to Department of Environmental Protection, State of New Jersey concerning 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0227.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0227.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0227","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020227.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nMAR 17 2003\nMr. Robert Gomez\nRef. No. 02-0227\nHazardous Waste-Transportation Oversight Unit\nDepartment of Environmental Protection\nP.O. Box 407\nState of New Jersey\nTrenton, New Jersey 08625-0407\nDear Mr. Gomez:\nThis responds to your August 26, 2002 letter requesting clarification on segregation requirements\nunder § 177.848(e)(3) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you asked whether Class 8, Class 3, and Division 4.1 material may be loaded on the\nsame transport vehicle under § 177.848(e)(3) of the HMR.\nAccording to your letter a violation was issued to a hazardous waste carrier citing requirements in\n§ 177.848(d) for transporting and storing one container of Class 8 hazardous waste adjacent two\ncontainers of Division 4.1 hazardous waste and several containers of Class 3 materials. The carrier\nresponded to the violation stating that the constituents of the Class 8 and Class 4 materials would\nnot react if commingled; therefore, they are in compliance with the segregation requirements in\n§ 177.848(e)(3).\nA representative from our Hazardous Materials Information Center (HMIC) advised you that the\nexception in § 177.848(e)(3) applies only when the shipper loads the truck and when a truckload\nshipment of Class 4, 5, and 8 material are the only hazard classes on the truck. Therefore, you are\nrequesting written clarification on § 177.848(e)(3) regarding truckload shipments and Class 4, 5,\nand 8 material, and how it applies when the shipment also contains a Class 3 hazardous waste.\nSection 177.848(e)(3) states that Class 8 liquids may not be loaded above or adjacent to Division\n4.1 or Class 5 materials. Section 177.848(e)(3) also states that shippers may load truckload\nshipments of such materials together when it is known that the mixture of contents would not cause a\nfire or a dangerous evolution of heat or gas. The term truckload as used in this section means a\nshipment of hazardous materials loaded into a transport vehicle by a single shipper. Shipments of\nhazardous materials offered to a carrier by different shippers and loaded into a transport vehicle are\nnot considered to be a truckload. Therefore, a carrier that receives Division 4.1 and Class 8\nmaterials from different shippers must segregate the materials in accordance with § 177.848(d). An\n848\n020227\n111.\n\n<<<PAGE 2>>>\n\nacceptable loading plan under the HMR, would include separating the Class 8 and Division 5.1\nmaterials by using Division 4.1 and Class 3 packaged materials between them for separation and\nsegregation. This would also ensure that the Division 5.1 and Class 3 materials remained separated\nfrom each other as required by § 177.848.\nI hope this further clarifies requirements in § 177.848(e)(3) and answers your inquiry.\nSincerely,\nbecome to Belf\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nBoothe\n5177.848\nsegregation\nState of Weta Jersey\nJames E. McGreevey\n02 - 8227\nGovernor\nDepartment of Environmental Protection\nBradley M. Campbell\nCommissioner\nBureau of Hazardous Waste Compliance & Enforcement-Central\nWaste Compliance & Enforcement & Release Prevention\nTrenton, NJ 08625-0407\nP.O. Box 407\nFax. (609) 588-2444\nTel. (609) 584-4250\nAugust 26, 2002\nDirector of Office of Hazardous Materials Standards, DHM-10\nMr. Edward Mazzullo\n400 Seventh Street, SW, Rm. 8422\nUSDOT-RSPA\nWashington, D.C. 20590-0001\nRe: 49 CFR 177.848(c)3\nDear Mr. Mazzullo:\nThis Department inspects hazardous waste transporters in New Jersey and needs clarification of the instructions\nunder the letter \"O\" on the Hazardous Materials Load and Segregation Chart (chart). Recently, an NJDEP inspector\ninspected a vehicle storing a shroment of hazardous waste. The shipment contained one Class 8 container. fortv-\nseven Division 4.1 containers and thirty-two Class 3 containers.\nClass 8 hazardous waste adjacent to two containers of Division 4.1 hazardous waste. The carrier responded to the\nA violation was issued to the hazardous waste carrier citing 177.848(d) for transporting and storing one container of\ntherefore, they are in compliance with the instructions under the letter \"O\" of the chart.\nViolation stating that the constituents of the Class 8 and Division 4.1 wastes would not react if commingled,\nThe DOT Hotline was contacted regarding this matter and received an unofficial interpretation. Ben Supko,\nInformation Specialist explained that the exception to the letter \"O\" applies only when the shipper loads the truck\nand when a truckload shipment of Class 4, 5 and 8 material are the only hazard classes on the truck.\nspecifically where it discusses truckload shipments and Class 4, 5 and 8 material. Also, because the subject\nSince a Notice of Violation was issued, we are requesting an official interpretation of 49 CFR 177.848(e)3,\nshipment contained a Class 3 hazardous waste does the exception still apply to this situation?\n-\nYou for your hequestions, please contact me at 856-614-3650 or Paula Hanley-Tagliaferi at 609-588-4487. Thank\nSincerely,\nRobut Some\nlazardous Waste - Transportation Oversight Un\nobert Gomez, CHMM, Acting Superviso\nNew Jersey is an Equai Opportunity Employer\nRecycled Paper","truncated":false,"body_characters":5295}