{"operation":"document","citation":"03-0130","title":"New York State Department of Environmental Conservation Division of Solid and Hazardous Materials — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-07","effective_on":null,"summary":"03-0130 response to New York State Department of Environmental Conservation Division of Solid and Hazardous Materials concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0130.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0130.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0130","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030130.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAciministration\nJUL\n7 2003\nMr. Paul R. Counterman, P.E.\nRef No. 03-0130\nDirector, Bureau of Hazardous Waste Management\nNew York State Department of Environmental Conservation\nDivision of Solid and Hazardous Materials\n625 Broadway\nAlbany, NY 12233-7251\nDear Mr. Counterman:\nThis is in response to your May 14, 2003 letter, requesting further clarification of the entries \"Solids\ncontaining flammable liquid, n.o.s;\" \"Solids containing toxic liquid, n.o.s;\" and \"Solids containing\ncorrosive liquid, n.o.s.\" to describe used cleaning rags under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180), shipped in cloth bags to commercial laundries.\nThe used rags are slightly dampened by the liquid soaked into them and no free liquid is visible at the\ntime the rags are loaded or at the time the packaging is closed. The packages contain approximately\n10 ml of corrosive, flammable, or toxic liquid and the total weight of each packaging is at least 25\npounds. You question whether the \"cloth bags\" meet the leakproofness test in § 178.604.\nUnder Special Provisions 47, 48, and 49, the term \"no free liquid\" describes the physical state when a\nliquid hazardous material is completely absorbed onto a solid material such that no free liquid is visible\naway from the solid material at the time the material is closed within the package. Provided there is no\nfree liquid visible when the packaging is closed and at the time the rags are loaded, the shipping names\nlisted above may be used to describe the used cleaning rags. However, if there is any free liquid in the\nused rags, the above listed shipping names would be inappropriate, and the used cleaning rags must be\nclassed in accordance with the appropriate hazard class definitions.\nPackages used under these special provisions must correspond to a design type that has passed a\nakproofness test at the Packing Group II level. Authorized packages are found in §§ 173.212 an\n73.240. for non-bulk and bulk packagings, respectivel\nI hope this satisfies your inquiry.\nSincerely,\nSwin Drai\n'usan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n112.101\n030130\n\n<<<PAGE 2>>>\n\nNew York State Department of Environmental Conservation\nBureau of Hazardous Waste Management, 8t* Fioor\nDivision of Solid and Hazardous Materials\nPhone: (518) 402-8612 • FAX: (518) 402-9025\n625 Broadway, Albany, New York 12233-7251\nWebsite: www.dec.state.ny.us\nFoster\nCommissioner\nErin M. Crotty\n8172.101\nMay 14, 2003\nProper Shipping\nName\nMr. Delmer F. Billings\n83-0130\nChief, Standards Development\nOffice of Hazardous Meterials Standards\nResearch and Special Programs Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nDear Mr. Billings:\nregarding the proper classification of used cleaning rags being shipped to commercial laundries\nThank you for your reply of May 7, 2003 to our inquiry of February 18 (both enclosed)\nfrom various businesses.\naccurately reflects the material being shipped, but our concern is that the shipper is not\nAs you stated, it is the responsibility of the shipper to select the shipping name that most\nperforming that responsibility properly and we need to verify that this is the case.\nSpecifically, we need to know if cotton cloth rags containing minimal! amounts of\nflammable liquid, toxic liquid, or corrosive liquid -- and weighing a total of at least 25 pounds per\npackaging - should nonetheless have shipping names of, respectively,\nSolids containing flammable liquid, n.o.s.,\n•\nSolids containing toxic liquid, n.o.s., and\nSolids containing corrosive liquid, n.o.s.\nOur specific concern is that these cotton, cloth rags are being shipped from businesses to\ncommercial laundries in cloth bags, which we believe, would not meet the 178.604 leakproof test\nas required in special provisions, 4% 48; and 49 that apply if the rags had one of the above\nshipping names. This is of importance to us because there is evidence that free liquids can\nsqueeze out of the bags. after they, are stacked high during transportation and intermediate storage.\n2:03 430000b*00 0*\n'By \"minimal\" we mean the rags are only slightly dampened by the liquid soaked into\nthem, and no free liquid is visible at the time the rags are loaded or at the time the packaging is\nclosed. In every case more than a total of 10 ml of flammable/toxic/corrosive liquid would be\npresent in the packaging.!. f!-\n\n<<<PAGE 3>>>\n\nMr. Delmer F. Billings\ncotton cloth rags described above.\nWe seek your determination of whether the above shipping names would apply to the\nThank you for your assistance with this important matter. Please call me or William Yeman,\nof my staff, at (518) 402-8633 if you need additional information from us.\nSincerely,\nPaull Gouts\nDirector\nPaul R. Counterman, P.E.\nBureau of Hazardous Waste Regulation\nDivision of Solid & Hazardous Materials\nEnclosures","truncated":false,"body_characters":4977}