{"operation":"document","citation":"05-0004","title":"Bennett Environmental Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-01-14","effective_on":null,"summary":"05-0004 response to Bennett Environmental Inc. concerning 172.101, 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050004.pdf","body":"<<<PAGE 1>>>\n\n.S. Deparmer\nf Transportatio\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Program:\nAdministration\nJAN 1 4 2005\nMs. Kelly Noelle\nRef No.: 05-0004\nManager, Logistics\nBennett Environmental Inc.\n208 - 1540 Cornwall Rd.\nOakville, Ontario\nCanada\nL6J7W5\nDear Ms. Noelle:\nThis responds to your January 4, 2005 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your steel\ncontainers, commonly referred to as \"Flower Pots,\" are an acceptable means of containment\nfor contaminated soil packaged under § 173.240. You provide detailed photographs and\ntest results indicating that the containers remain securely closed and sift-proof during\ntransit.\nSection 173.240(e) authorizes the transportation of certain low hazard solid materials in\nnon-DOT specification sift-proof closed bulk bins. We believe that your packaging is best\ndescribed as a non-DOT specification closed bulk bin. In order to be deemed sift-proof the\ncompleted package may not permit the escape of any of the hazardous material contained\ntherein. In our opinion, based on the test results and photographs provided, this package is\nsift-proof for contaminated soil and; therefore, is an authorized packaging under\n§ 173.240(e). However, it is the shipper's responsibility to ensure that the packaging\nprovides sift-proof containment for contaminated soil at the time of shipment and will\ncontinue to provide that containment until the package reaches its final destination.\nIn addition to being sift-proof and closed the package must also meet the general provisions\nof § 173.240. These provisions require non-DOT specification bins to meet the general\nare subject to the requirements of the special provisions contained in Column 7 of the\npackaging requirements for bulk packages in §§ 173.24 and 173.24b. In addition, the bins\nHazardous Materials Table (HMT; § 172.101), as applicable.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely\nMess\nChief, Standards Development\n172.101\n*Tazardous Materials Standards\n173.240\n050004\n\n<<<PAGE 2>>>\n\nThe Earth is our business - La Terre, c'est notre affaire\n€ BENNETT\nBennett Environmental inc.\n208 - 1540 Cornwall Rd.\nwww.bennettenv.com\nENVIRONMENTAL INC\nOakville, Ontario\ntoll: 800.386.1388 x 228\n6J 7W5\nanadi\nfax: 905.339.0016\nph: 905.339.1540 x 228\nemail: knoelle@bennettenv.com\nOffice of Hazardous Materials Standards\nJanuary 4, 2005\nResearch and Special Programs Administration\nAttention: DHM-10\nSupko\n4007*Street SW\nU.S. Department of Transportation\n$172.101\nWashington, DC, USA\n$173.240\nDear Sir or Madam:\nis in accordance with the requirements of subparts A and B of part 173 of the 49 CFR regulations and the\nacceptable means of containment to transport. This authorization from the US Department of Transportation\nspecial provisions specified in Column 7 of the 172.101 Table.\nThe purpose of these containers is for the transportation of hazardous contaminated soil as defined in\n49 CFR section 173.240. These containers will hold solid bulk soil and soil-like material of low hazard.\ncomprised of composite representative from these various sites. This composite will consist of bulk soil\nContaminated soil will be generated by numerous sources across the United States. This soil will be\nand soil-like material contaminated with such low hazards as organochloride molecules: PCE, TCE,\nppm by mass.\nDioxins, Furans, Creosote and Polychlorinated Biphenyls (PCBs) in concentrations of more than 50\nThe Flower Pot containers are to be used to ship by rail, road and waterways. They will be transported\nfrom various locations in the US to a wholly owned subsidiary of Bennett Environmental Inc., Récupère\nEnvironmental Inc. will thermally treat the low hazard material as per its Certificate of Authorization.\nSol Inc., located in St. Ambroise, Quebec, Canada. Upon receipt of such material, Bennett\nfabrication several test were performed in compliance with the specifications of Section 6.5.7 of the\nFlower Pots were initially designed by LDS Consultants in Montreal, Canada. At initiation of their\nMethod A1.\n'Can/CGSB-43.146-94' standard, in accordance with the procedures described in ASTM D-999-96\nof the Transport of Dangerous Goods. They have been used by Bennett Environmental Inc., without\nThese units of containment have been approved by Transport Canada's division of Safety and Security\nincident, to ship such aforementioned material within Canada in the past..\nfurther details on our containers. Please contact the undersigned should you require any clarification or\nWe appreciate the US DOT's acknowledgement that such containment units are in fact authorized.\nSincerely,\nKelly Noelle\nManager, Logistics\nBennett Environmental Inc.\n1130 West Pender Street, Suite 200, Vancouver, BC, Canada V6E 4A4 Tel (604) 681-8828 Fax (604) 681-682:\n1540 Cornwall Road, Suite 208, Oakville, ON, Canada L6J 7W5 Tel (905) 339-1540 Fax (905) 339-0016\nRECUPERE SOL\nEmail info@bennettenv.com Website www.bennettenv.com\nMATE RAO OURS","truncated":false,"body_characters":5093}