{"operation":"document","citation":"03-0142","title":"University of Hawaii at Mãnoa — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-06","effective_on":null,"summary":"03-0142 response to University of Hawaii at Mãnoa concerning 173.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030142.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nSpecial Programs\nAdministration\nOCT\n6 2004\nMr. Tim O'Callaghan\nReference No. 03-0142\nHazardous Materials Management Officer\nEnvironmental Health and Safety Office\nUniversity of Hawai'i at Mãnoa\n2040 East-West Road\nHonolulu, HI 96822\nDear Mr. O'Callaghan:\nThis is in response to your follow-up letter and our July 1, 2004 telephone conversation\nconcerning the transport of hazardous waste by vessel from Hawaii to the continental United\nStates under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked if\na shipper may use a limited quantity exception to transport a waste hazardous materials under the .\nHMR provided he or she complies fully with the provisions contained in the exception for that\nmaterial. In your example, you stated that you want to use the limited quantity exception in\n§ 173.152 to transport two-10 pound (4.54 kg) glass inner packagings of \"Waste Potassium\nnitrate, 5.1 (oxidizer), UN 1486, PG III.\" We apologize for the delay in responding and any\ninconvenience this may have caused.\nYour understanding is correct. When offering or transporting a waste hazardous material by\nvessel between or within the United States and its territories, a shipper may use any HMR\nexception that is authorized for that material in Column (8A) of the Hazardous Materials Table\n(§ 172.101 Table). Section 173.152 permits 10 pound (4.54 kg) glass inner packagings of waste\npotassium nitrate to be transported as a limited quantity by vessel when placed inside a strong\nouter packaging in conformance with the applicable requirements prescribed in §§ 173.24,\n173.24a, and 49 CFR Part 176. The completed package must weigh no more than 30 kg (66\npounds). On the shipping paper, the description for a material offered for transportation as a\nlimited quantity must include the words \"Limited Quantity\" or \"Ltd Qty\" following the basic\nmaterial as shown in the Hazardous Materials Table (see 172.301(a)). Under the HMR, the\ndescription (see § 172.203(b)). Packages must be marked with the proper shipping name for the\nidentification number, hazard warning label, and placard are not required on packages that\ncontain only limited quantities.\n030142\n173.12\n\n<<<PAGE 2>>>\n\nIf all or part of the waste potassium nitrate's transportation is by vessel, the material may be\ntransported as prescribed under the International Maritime Dangerous Goods Code (IMIDG\nCode provided the package conforms with the requirements prescribed in § 171.12 of the HMR.\nThe applicable regulations for limited quantities transported by vessel are found in Volume 2,\nChapter 3.4, of the IMDG Code.\nI hope this satisfies your request.\nHitle z mithel\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards.\n\n<<<PAGE 3>>>\n\n06/10/03\nTUE 09:35 FAX 8089563205\nUH ENV HLTH & SAFETY\n0002\nUNIVERSITY OF HAW\nA\nA T\nMÁN OA\nEnvironmental Health and Safety Office\nEdmonson\n8173.12\nJune 9, 2003\nHazardous Naste\nVia Facsimile (202) 366-3012\nExceptions\nMs. Hattie L. Mitchell, Chief\nD3-0142\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\n400 Seventh Street S.W.\nWashington, D.C. 20590-001\nDear Ms. Mitchell:\nThis is a follow-up to my letter of July 11, 2002 and your reply of May 27, 2003\n(Reference No. 02-0191) requesting further clarification on one point\nIn my letter I asked how do the requirements in 49 CFR 173.12 (b) relate: to the\nrequirements in 49 CFR 173.4, and 173.150 to 173.155. Specifically, can hazardous\nwaste materials, which would be considered as \"labpacks\" be transported by vessel\nwithout an exemption to 49 CFR 173.12 (b) if the requirements of 49 CFR 173.4\n(small quantity) or 49 CFR 173.150 tọ 173.155 (limited quantity) as appropriate are\nmet? Your reply was that the answer is no; hazardous wastes that are offered for\ntransportation under 173.12 (b)(1) are restricted to transportation for disposal and\nrecovery by highway only. For transportation by vessel, an exemption must be\nobtained under the provisions of 49 CFR Part 107, Subpart B.\nI think that I understand your answer, but perhaps my question was not clearly\nphrased so I would like to rephrase the question with a specific example in order\nthat I may clearly understand how the regulations apply.\nThe regulations for small quantity (49 CFR 174.4), limited quantity (49 CFR\n173.150 to 173.155) and labpacks (49 CFR 173.12 (b)) all provide exceptions to the\nspecification packaging requirements involving combination packaging provided\nthat the applicable requirements in each of those sections are met. Is the shipper free\nTelephone: (808) 956-8660, Facsimile: (808) 956-3205\n2040 East-West Road, Honolulu, Hawal'i 96822\nAn Equal Opportunity/Affirmative Action Institution\n\n<<<PAGE 4>>>\n\n06/10/03\nTUE 09:35 FAX 8089563205\nUH ENV HLTH & SAFETY\n40003\nMs. Hattie Mitchell\nJune 9, 2003\nPage 2.\nto choose the exception which they will use provided that all of the cond tions and\nrequirements of that exception are met? For example, if I want to ship tvro 10\npound glass containers of solid potassium nitrate as a hazardous waste to an EPA\npermitted treatment, storage, and disposal site in the continental United Sitates from\nHawaii by vessel, can I use the limited quantity exception under 173.152?\nPotassium Nitrate is an oxidizer (hazard class 5.1) listed in the Hazardous Materials\nTable (172.101) as a packing group III item and for which an exception for limited\nquantity under 173.152 is listed. The exception for limited quantity (173.152)\nstates, in part, that: \"Each package must conform to the packaging requirements of\npart B of this part and may not exceed 30 kg. (66 pounds) gross weight. The\nfollowing combination packagings are authorized: For oxidizers in packing group\nIll inner packagings not over..5.0kg. (11 pounds) net capacity each for solids,\npacked in strong outer packagings.\" I plan to use a 20 gallon UN approred, 1A2 X\ntype, steel drum as the outer packaging. The inner packagings will be cushioned\nwith vermiculite and the total gross weight of the container will not exceed 66\npounds.\nIf you need further information, please contact me at (808) 956-3198 or at\nocallagh@hawaii.edu. Thank you for your assistance in this matter\nVery truly yours,\nTimO Callshan\nTim O'Callaghan\nHazardous Material Management Officer","truncated":false,"body_characters":6420}