{"operation":"document","citation":"04-0063","title":"Belshire Environmental Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-08-11","effective_on":null,"summary":"04-0063 response to Belshire Environmental Services, Inc. concerning 172.102.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040063.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nAUG 1 1 2004\nMr. Glen VanderVeen\nRef. No.: 04-0063\nProgram Director\nBelshire Environmental Services, Inc.\n25971 Towne Centre Drive\nLake Forest, CA 92610\nDear Mr. VanderVeen:\nThis responds to your letter regarding the transportation of solids that have absorbed flammable\nliquids in accordance with the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you request clarification of the requirements as they apply to a flammable liquid\n(unleaded gasoline) contained in absorbent material used to clean surface spills, used fuel filters,\nand used hoses from retail gasoline outlets. Hypothetically, you stated that the gasoline would be\nabsorbed into the materials, the materials would be classed as a Division 4.1 (flammable solid),\nall liquid would be drained, and no free liquid would be visible at the time the package is closed.\nYour questions are paraphrased and answered as follows:\nQ1. Your understanding is that the \"burn rate\" test in accordance with the UN Manual of\nTests and Criteria prescribed in 173.125(a) is designed for granular materials and would\nnot be an appropriate test method for fuel filters or hoses. You ask for guidance to\nestablish a program to determine through testing or other means whether the materials\ndescribed above would be subject to the HMR.\nA1.\nFor a Division 4.1 (flammable solid), the UN Manual of Tests and Criteria prescribed in\n§ 173.125(a) is the standard for determining the appropriate classification in the Class 4\nhazard class. The packing group criteria for readily combustible materials or readily\ncombustible solids, other than metal powders, is prescribed in §173.125(b)(1) and (2). If\nfree flowing liquid can be seen surrounding your materials, they may meet the definition\nof a flammable liquid in § 173.120. If there is no free liquid surrounding these materials,\nthey may meet the definition of a flammable solid in § 173.124. If your materials\nabsorbed with gasoline do not meet any of the hazard class definitions in Part 173,\nincluding hazardous waste, hazardous substance, or marine pollutant, they are not\nregulated under the HMR. It is a shipper's responsibility to classify a hazardous material.\nThis Office does not perform that function.\nThe entry \"Solids containing flammable liquid, n.o.s.\" in the §172.101 Hazardous\nMaterials Table (§ 172.101 HMT) contains Special Provision \"47\" in Column 7. In\naccordance with Special Provision \"47\" in § 172.102, mixtures of solids that are not\n040063\n172.102\n\n<<<PAGE 2>>>\n\nsubject to the HMR (e.g., absorbent material used to clean surface spills, used fuel filters\nand hoses) and flammable liquids (e.g., gasoline) may be transported under the entry\n\"Solids containing flammable liquid, n.o.s., 4.1, UN 3175, PG II\" in the § 172.101 HMT,\nwithout first applying the classification criteria of Division 4.1, provided there is no free\nliquid visible at the time the material is loaded or at the time the packaging or transport\nunit is closed. Each non-bulk packaging must correspond to a design type that has passed\na leakproofness test at the Packing Group II level.\nQ2. Assuming the used fuel filters and hoses absorbed with gasoline are a flammable solid\nand not a hazardous waste, would the Material of Trade (MOTS) exception in §173.6\napply to maintenance contractors who carry and replace fuel filters in pump and tank\nequipment at gas stations.\nA2.\nBy definition, MOTS include a hazardous material that is transported by a private carrier\nin direct support of its principal business where the principal business is not\ntransportation by motor vehicle (see §171.8). If the fuel filters meet the definition for a\nflammable solid and do not meet the definition for a hazardous waste for purposes of\ntransportation and provided all conditions of § 173.6 are met, the maintenance contractors\nperforming private carriage by highway may transport such materials under the MOTS\nexception.\nA non-bulk packaging must be marked with the proper shipping name or common name\nof the material it contains, and a bulk packaging must display the identification number\neither on an orange panel, placard, or a white square-on-point configuration. MOTS are\nnot subject to any other hazard communication requirements of the HMR (e.g., shipping\npapers, labels and placards, and emergency response information) besides those\nreferenced in § 173.6(c). Packagings must be sift proof, secured against movement, and\nprotected from damage. For a Packing Group II material, the gross mass or capacity of\nthe packaging may not exceed 30 kg (66 pounds) or 30 L (8 gallons). The aggregate\ngross weight of all the MOTS on a motor vehicle may not exceed 200 kg (440 pounds),\nexcept for MOTS authorized in § 173.6 (a)(1)(iii) .\nQ3.\nWould the small quantity exception in § 173.4 apply if each package contains a\nflammable solid with 30 g or less of solid material (absorbent or filter) or a solid with 30\nml or less of gasoline per package.\nA3.\nYes. Hazardous materials meeting the definition of one or more hazard classes that are\nauthorized to be shipped under the small quantity provision and that are in the designated\nmaximum quantities per inner packaging may be shipped in accordance with\n§ 173.4, provided all the conditions of the exception are met. Hazardous materials\nshipped under the 173.4 are not subject to any other requirements of the HMR.\nQ4.\nDefine the terms \"sift-proof\" and \"leakproofness\" as they apply to testing of packages\ncontaining hazardous materials.\n\n<<<PAGE 3>>>\n\nA4. As defined in § 171.8, \"sift-proof\" packaging means a packaging impermeable to dry\ncontents, including fine solid material produced during transportation. Under the HMR, a\n\"leakproofness\" test is conducted on a non-bulk packaging intended to contain liquids\nand means the packaging must be leak-tight.\nAs discussed in the November 11, 1997 letter to Laidlaw Transportation Services,\n§ 173.240 authorizes non-specification closed bulk bins (e.g., roll-on/roll-off containers)\nfor \"Solids containing flammable liquid, n.o.s., UN3175\", that must be sift-proof and\nmeet the applicable requirements in §§ 173.24 and 173.24b. The HMR do not require a\nleakproofness test for non-specification closed bulk bins. The May 1, 1997 letter to the\nWinters Company discussed applying the leakproofness tests when using non-bulk\npackagings in accordance with Special Provision \"47\".\nQ5.\nNotwithstanding the responses to the questions above, are there any conditions where a\nDivision 4.1 material can be legally transported in a garbage or dump truck, without\nlabels, placards, shipping papers, or a hazardous waste transporter license, along with\nother trash.\nA5.\nNo. Although a Division 4.1 (flammable solid) material may be transported in a non-\nspecification packaging under § 173.240 (e.g., dump truck), provided it is a sift-proof\nclosed vehicle, such shipment is not excepted from the hazard communication\nrequirements under the HMR (e.g., shipping papers and placards).\nHazardous waste that does not require preparation of a Uniform Hazardous Waste\nManifest (UHWM) under 40 CFR Part 262 is not a \"hazardous waste\" under 49 CFR for\npurposes of transportation in commerce. The hazardous waste transporter license is\ngoverned by the regulations of the Environmental Protection Agency.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nOffice of Hazardous Materials Standarads\n\n<<<PAGE 4>>>\n\n03/18/04 THU 13:41 FAX 949 460 5210\nB. E.S.I.\n4002\nENVIRONMENTAL\nEngrum\n971 Towne Contre Dri\n3172.102\n(949) 460-5200\nke Forest, CA 9261\nFax (949) 460-5210\nSpecial Provisions\n04-0063\nMarch 18, 2004\nMr. Edward Mazzulo\n400 7'h Street SW\nUnited States Department of Transportation\nWashington, DC 20590\nSent via U.S. Mail and fax to (202) 366-3012\nSubjcet: Transportation of Solids That Have Absorbed Flammable Liquids\nDear Mr. Mazzulo:\nclarifications are respectfully requested.\nIntroduction\nbeen drained and that no free liquid is visible at the time the package is closed.\nNonetheless, these materials may have gasoline absorbed in the materials. We assume\n1. Hazard Class\nIn order to meet the definition for Class 4.1, the material described in the introduction\naccordance with the UN Manual of Tests and Criteria (49 CFR 173.125 (a)(3)), or, by\nmay be tested to sce if it is a readily combustible solid using a \"burn rate\" test in\nusing Special Provision 47 (49 CFR 172.102(3)(c)). We understand that the burn rate test\nis designed for granular material and would not be an appropriate test method for fucl\nfilters or hoses. We would appreciate guidance from D.O.T. to establish a program to\ndetermine through testing or other means whether the materials described above can be\nexcluded from D.O.T. hazardous materials regulations. Our objective with such a\nprogram would be to make a determination for all such materials generated continuously\nat a network of a few thousand facilities throughout the U.S.\n2. Transportation by Maintenance Contractor\nMaintenance contractors are hired to maintain and repair the pump and tank equipment at\nthe gas stations. In the course of their work, they may replace fuel filters. Many of the\n\n<<<PAGE 5>>>\n\n03/18/04 THU 13:41 FAX 949 460 5210\nB.E.S.I.\n00003\nMr. Edward Mazzulo\nMarch 18, 2004\nPage 2 of 3\nretail gasoline outlet operators are conditionally exempt small quantity generators\n(CESQG). EPA defines a CESQG as a generator that does not accumulate a total of\nmore than 1000 kilograms of hazardous waste and does not generate more than 100\nkilograms of hazardous waste or 1 kilogram of acutely hazardous waste in any calendar\nhazardous waste manitost when shipping for offsite disposal or recyoling.\nmonth (40 CFR 261.5). If the facility is a CESQG, then it is not required to use a\n• The filter(s)\nwould qualify as a \"Material of Trade,\" since it is not a hazardous waste by D.O.T.'s\ntransportation (49 CFR 171.8). Therefore, the maintenance contractor would be able to\ndefinition, and the contractor would be supporting a principal business that is not\nlegally transport the filters) without shipping papers, placards, or hazardous materials\nlicense, provided the filters follow packaging requirements in 49 CFR 173.6 (b), the gross\nweight of any package does not exceed 30 kg, and the maintenance contractor vehicle\ncontains less than 454 kg of hazardous materials (49 CFR 172.504(c)(1)). The packaging\nwould not need to conform to 49 CFR 173.6 (b)(4) because these packaging requirements\nrefer to gasoline as a flammable liquid as opposed to the fuel filters), which is/are\nassumed to be a flaminable solids). Please confirm or refute this interpretation and\nprovide any other requirements for the maintenance contractor scenario above from the\nperspective of D.O.T.\n3. Transportation under Small Quantity Exception\nIf the materials described in the introduction are packaged such that each package\ncontains 30 g or less of solid material (absorbent or filter) or is a solid with 30 ml or less\nof gasoline per package, then the gasoline retailer (shipper) would be able to use the\nsmall quantity exception in 49 CFR 173.4. Therefore, if the shipper follows all\nrequirements for preparing the inner and outer packages and labeling provided in 49 CFR\n173.4, no other D.O.T. regulations would apply to cither the shipper or the transporter for\nthe transport of this material. Please confirm or rofute this interpretation.\n4. Packaging\nPlease clarify the requirements for sift proof versus leak proof containers. Two attached\nguidance letters appear to contradict each\nVovember 7, 1997 letter to Mr. Jerry Davis of Laidlaw Transportation Services from Mr\nother with respect to this requirement\nDelmer F. Billings; May 1997 letter to Mr. Michael Byrnes of M.L. Winters Company\nLLC. In the first letter, D.O.T. allows for transportation of rags containing flammable\nliquid in plastic bags and fiberboard boxes as \"Solids containing flammable liquid, n.o.s.,\n4.I, UN 3175, PG II\" in \"sift-proof\" closed roll off containers and dump trailers, and,\ndefines a sift-proof package as \"...one that is constructed so that its contents cannot pass\nthrough.\" This letter appears to indicate that transportation of the materials referenced in\nthe introduction can be transported in plastic bags and fiberboard boxes. In the second,\nD.O.T. states that solids containing flammable liquid, n.o.s. must be transported in a\npackage \"that has passed a leakproofness test at the Packing Group Il level.\" This letter\nappears to indicate that the bags and fiberboard boxes would not be acceptable, as they\nhave not passed the leakproofness test. Please clarify these two interpretations and\ndescribe the difference and application of the terins \"sift-proof\" and \"leakproofness.\"\n\n<<<PAGE 6>>>\n\n03/18/04 THU 13:42 FAX 949|\n460 5210\nB.E.S.I.\n2004\nMr. Edward Mazzulo\nMarch 18, 2004\nPage 3 of 3\nIn some states the materials described in the introduction may be legally shipped as a\n5. Transportation to Municipal Landfill\nhazardous waste without a manifest if the generator is a CESQG (as described in #2\nmunicipal landfill. Notwithstanding your responses to the questions above, are there any\nabove). In these cases, EPA (RCRA) allows these materials to be deposited to a\nconditions where a Class 4.1 material can be legally transported in a rubbish truck (no\nlabeling, placarding, shipping papers, or hazardous wast/material transporter license)\nalong with the other trash collected in a dumpster?\nWc look forward to the courtesy of your prompt response. Please do not hesitate to call\nme to discuss this interpretation.\nSincerely,\n41262\nGlen VanderVeen\nProgram Director\n25971 Towno Centre Drive\nBelshire Environmental Services, Inc.\nLake Forest, CA 92610\n(949) 460-5200\nfax (949) 460-5210\nlarry@belshire.com\ncc: Ms. Diane Lavelle, D.O.T.","truncated":false,"body_characters":13917}