Defense Logistics Agency — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 special Programs Research and Administration NOV - 7 2002 Mr. F. Kevin Reilly Ref. No. 02-0269 Director, Directorate of Environmental Management Defense Logistics Agency 8725 John J. Kingman Road, Suite 3229 Ft. Belvoir, VA 22060-6223 Dear Mr. Reilly: This is in response to your September 12, 2002 letter concerning marking and labeling requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).. Specifically, you request written confirmation of a verbal opinion you received from our Hazardous Materials Information Center (HMIC) regarding marking requirements on flasks of mercury. In your situation, you wish to place a number of metal flasks containing mercury in 30-gallon, UN Specification. 1A2 drums meeting the PG I requirements for solids or inner containers. Each metal flask meets the packaging requirements for mercury under § 173.164(d). Your question is whether each flask must be marked and labeled, or if each 30-gallon drun may be marked and labeled without marking and labeling the inside metal flasks. The interpretation you received from HMIC is correct. As authorized in § 173.164(d), the flasks can be considered inner packagings and the 30-gallon drums meet the required outer packaging requirements. Therefore, each 30-gallon drum must be marked and labeled. If the drums are overpacked on a pallet secured with shrinkwrap or other material and the markings and labels on the drums are not visible through the overpack, then the overpack will require the marking and label that appears on the drums. I hope this satisfies your request. Sincerely, Delmer F. Billings Chief. Standards Development Office of Hazardous Materials Standards 173.164(d) 020269#

Page 2DEFENSE NATIONAL STOCKPILE CENTER DEFENSE LOGISTICS AGENCY Johnsen 8725 JOHN J. KINGMAN ROAD, SUITE 3229 $173.164(d) FT. BELVOIR, VIRGINIA 22060-6223. Exemption IN REPLY REFER TO DNSC-E 89 1 2 2 02-0269 Mr. Robert A. McGuire Associate Administrator for Hazardous Materials Safety Research and Special Programs Administration 400 Seventh Street, SW U. S. Department of Iransportation XEMPTOBO E washington, D.C. 20590-0001 02 SEP 19 FM12: 18 ATTENTION: Exemptions, DHM-31 Dear Mr. McGuire: AND EXEMPTION FROM MARKING AND LABELING REQUIREMENIS FOR REQUEST FOR CONFIRMATION OF REGULATORY INTERPRETATION METAL FLASKS CONTAINING MERCURY. The Defense Logistics Agency/Defense National materials Stockpile Center (DNSC) maintains strategic and critical ources oi supply durina national to reduce the nation's dependence on foreiar commodities currently stored by DNSC is mercury (UN 2809). one of the at four locations in the United States. Due to increasing DNSC has over 4,800 tons (net weight) of mercury stored mercury, DNSC is currently evaluating options including public concerns over the use, disposal, and management of to facilitate management control of the stockpile. long-term storage of mercury at one centralized location consolidation site for long-term storage has not been The selected. located in (1) Warren, OH; (2) Somerville, NJ; (3) Oak Mercury is stored at four V. s. Government sites Ridge, TN and (4) New contained in wrought iron or steel flasks, with iron Haven, IN. All mercury is currently screw-plug closures (tare weight of each flask is approximately 9 pounds). definition of non-specification, reusable metal packagings These flasks meet DOT's under 49 CFR Part 173.164 (d) (2). and shape, but each flask contains approximately 76 pounds The flasks vary in size of mercury. Flasks at Warren, OH; Somerville, NJ; and Federal Recycling Program Printed on Recycled Paper#

Page 32 epoxy-lined steel drums (six flasks per drum), with the New Haven, IN are contained in 30-gallon, removable-head, following U. N. markings: 1A2/Y1.5/200 1A2/X235/S 01 USA/SDCC • Inside each drum rest on cushioning material and are Each drum is lined with a heavy plastic bag. Flasks marked and labeled per DOT regulations and secured to flat separated by heavy cardboard partitions. pallets (five drums per pallet), with catch pans (one per Tennessee, are packaged in wooden box pallets pallet) located under the drums. Flasks at Oak Ridge, (approximately 45 flasks per pallet). stored at each location. The following table shows the quantity of mercury Mercury Stockpile Storage Locations Number of Location Flasks Pounds Tons Warren Depot 16,355 1,242,000 621.00 Somerville Depot Oak Ridge (DOE 75,880 5,767,576 2,883.74 Site) 20,276 1,540, 976 770.49 New Haven Depot 16,151 1,228,000 614.00 Totals 128, 662 9,778,552 4,889.23 current sites to the consolidation site, if selected, by DNSC plans to ship the mercury directly from the alone and the lass witi not reured from ne riad commercial trailer truck. pallets/drums or box pallets during shipment. DNSC considers overpack. However, based on regulatory interpretations each drum and/or wooden box pallet an Hazardous Materials Information Center, this would require made by one of our contractors, and confirmed by the DOT that every individual mercury flask be marked and labeled such Fiask ine de a rot pack as deserter abovo, outl each flask inside an Subparts D and E, respectively. not even be visible. our contractor contacted the, DOI Hazardous Materials#

Page 43 Information Center there was any way to avoid having to mark and label each again on July 31, 2002, and asked if individual flasks. Information Center consultant said no, but later the Initially the Hazardous Materials problem with Delmer F. Billings, Chief of Standards consultant called back and said he had discussed the Development for DOT. (currently considered overpacks) could be considered the Mr. Billings said the metal drums primary containers for the mercury, since they meet DOT's under 49 CFR Part 173.164 (d) definition of non-specification reusable metal packagings interpretation, only the drums would have to be marked and Under Mr. Billings' labeled. Regulatory interpretation provided by Mr. Billings that DNSC requests that DOT confirm in writing the addition, for the reasons stated below, DNSC requests a the drums can be considered the primary containers. one-time from marking and labeling the individual flasks that are exemption less than 49 CFR Part 107 Subpart B overpacked in the box pallets. If DOT is unable to Billings, DNSC requests that the one-time exemption also confirm the regulatory interpretation provided by Mr. be applied to the flasks packed in the drums. As stated above, mercury flasks will be shipped consolidation site for long-term storage and not removed directlý from the current storage sites to the shipment. from the flat pallets/drums or box pallets during loaded and unloaded by DNSC, or its contractors, and will The flat pallets/drums and box pallets will be be under control of the commercial carrier during and labels on drums and box pallets, and placards on truck In addition, shipping papers, markings identify material being shipped as mercury, if an accident trailers will allow emergency responders to readily not marking and labeling individual flasks would have occurs. DNSC is not aware of any shipping incidents where increased risk to property or public health and safety. Therefore, DNSC believes granting this exemption will not Believer aran int increase risk to property, the environment or the health and safety of the public during transportation.#

Page 54 matter. Thank you in advance for your attention to this (703) 767-6522. If you have any questions, please call me at Sincerely, Directorate of Environmental Management#