{"operation":"document","citation":"05-0114","title":"HazMat Environmental Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-07-27","effective_on":null,"summary":"05-0114 response to HazMat Environmental Group, Inc. concerning 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050114.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministrations\nMs. Colleen A. Orth\nRef. No. 05-0114\nCompliance Officer\nHazMat Environmental Group, Inc.\nNew Village Industrial Park\n60 Commerce Drive\nBuffalo, New York 14218-1040\nDear Ms. Orth:\nThis responds to your April 27, 2005 letter requesting clarification on \"closed bulk bins\"\nunder §173.240 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask whether a box van trailer is a \"closed bulk bin.\" You also ask about\nmarking requirements for the bulk packaging.\nSection 173.240 authorizes the transportation of certain low hazard solid materials in\nnon-DOT specification sift-proof closed bulk bins. In order to be considered sift-proof,\nthe completed package may not permit the escape of any of the hazardous material\ncontained therein. A \"closed bulk bin\" is a type of bulk packaging other than a portable\ntank, cargo tank, tank car and multi-unit tank car. It is the shipper's responsibility to\nensure that the packaging provides sift-proof containment at the time of shipment and\nwill continue to provide that containment until the package reaches its final destination.\nIt is the opinion of this Office that a box van trailer is a \"closed bulk bin\" if the\nprovisions of $173.240 requiring sift-proof containment are met.\nIn addition to being sift-proof and closed, the package must also meet general packaging\nprovisions of §§ 173.24 and 173.24b. The bins are also subject to the requirements of the\nspecial provisions contained in Column 7 of the Hazardous Materials Table (HMT;\n172.101), as applicable to the material being transported.\nIf the Class 9 material is packaged in a non-specification sift-proof closed bulk bin ir\naccordance with §173.240(c), the marking requirements in §§ 172.302, 172.331 and\n172.332 apply. Specifically, the bulk container must be marked with the appropriate\n173.240\n050114\n\n<<<PAGE 2>>>\n\n4-digit UN identification number in the prescribed format. A Class 9 placard is not\nrequired for domestic transportation.\nI hope this answers your inquiry.\nSincerely,\nperi\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nApr. 21. 2005 12:42HM\nBoothe\nNo. 33/4\nP. 2\n$173.240\n-\nHAZMAT\nENVIRONMENTAL\nBulk Packagings\nNew Village Industrial Park\nHAZMAT\nGROUP, INC.\n05*0114\nBela, Ne on 15718 ON\nHAZARDOUS MATERIALS SERVICES....TRANSPORTATION... TRAINING... CONSULTING\nPermitted In 48 States and Canada\nPhone: (716) 827-7200\nwww.hazmatinc.com\nFax: (716) 827-7217\nApril 27, 2005\nEd Mazzullo\nfax: 202-366-5713\nDirector, Office of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, S.W\nWashington, D.C. 20590\nDear Mr. Mazzulio:\nEnclosed please find a letter dated May 2, 1994 that your office sent to World Resources\nCompany in response to their letter requesting an exemption from markings/labels on bulk bags\ntransported in an \"enclosed truck trailer\".\nIn regards to the above, I would like to request the following:\nClarification of the attached letter per your department, that allows generators to ship\nbulk containers without any markings or labels dependent on the shipping description.\nAn interpretation that requires bulk packages to be marked as such in accordance with\n172.302 when transported in a box van trailer. More specifically, for class 9 material\nregarding 173.240(c), does the definition of a \"closed bulk bin\" encompass a box val\ntrailer? If you do consider a van a \"closed bulk bin\" and the material is a hazardous\nwaste, there is no appropriate \"container type\" for section 12 on a manifest for a box\nvan trailer.\nPlease respond at your earliest convenience.\nSincerely,\nColenA.Oich\nColleen A. Orth\nCompliance Supervisor\n/cao\nEnclosure\nco: D. Dintino\nN. Copelin\n\n<<<PAGE 4>>>\n\nApr. 21. 2005 12:42PM\nNo. 3374 P. 3\n-i.\nU.S. Department\nof Transportation\nFag: 3: 24:\nResearch and\nSpecial Programs\nAdministration\nMAY\n2:094\nMr. Donald E. Gordon and\nMr. Eric Hyatt\nQC Corporation\nExecutive Centre at Hooks Lane\n4 Reservoir Circle,\nBaltimore,\nMD\n21208\nSuite 105\nDear Mr. Gordon and Mr. Hyatt:\ntransport of closed bulk bags containing more than 1000 pounds of Ferrous sulfate\nThis is in response to your March 1, and MaIch 21, 1994 letters concerning the\nmaterial (Environmentally hazardous substance, solid, n.o.s., 9, UN3077. III, RQ)\nthat are loaded into dump trucks, enclosed truck trailers, intermodal\ncontainers or enclosed rail box cars.\nshipping\nYou asked whether the above packaging configuration would satisfy the requirement\ncars in 49 CFR 173.240.\nfor non-DOT specification sift-proof closed vehicles, closed bulk bins and closed\nYou also asked for our confirmation that the bulk bags\nwhether these bulk bags may be carried\nare not subject to marking and labeling requirements.\nonto flat bed trucks.\nYour March 21 letter asks\nA vehicle, bin or tail car may be rendered sift-proof in any manner that\nstructural features, such as integral gaskets\neffectively accomplishes the performance requirement.\nof liners, or non-structural\nThis may include use of\nadditional packaging materials, such as non-integral liners, bins, or inner\npackagings.\nclosed vehicle, bin or rail car sift-proof.\nTherefore, sift-proof bulk bags or drums may be used to render a\nor drums were io release any of their contents in cransportacion, the performance\nObviously, if che inner bulk bags\nrequirement would not be\nsatisfied.\nwith regard to hazard communication requirements, che closed vehicle, bin or rail\nprovided in § 172.504(f) (9). However, the closed vehicle, bin, or rail car must\ncar is not required to display a Class 9 placard for domestic transportatior, as\nbe properly marked with the identification number displayed on an orange panel.\naccordance with § 172.331.\na plain white square-on-point configuration,\nBecause the sift-proof inner drums or bulk bags are\nor on a Class 9 placard in\n[all car), the drums and bags loaded therein are not required to display package\nconsidered additional\ncomponents of the bulk packaging (i.e., vehicle, bin or\nby § 172.202(a) (5), should address the authorized bulk packaging rather chan the\nmarkings of labels. The total quantity shown on the shipping paper, as required\ninner. drums or bulk bags.\ncocal quantity may be shown as \"1 truck trailer\", \"1 bulk bin\", or \" 1 rail car\"\nTo reduce confusion by enforcement personnel, she\nto differentiate that the truck trailer. bulk\nbin, or rail car is the bulk\nor after the basic description.\npackaging rather than the bags.\nThis information may be entered either before\n\n<<<PAGE 5>>>\n\nApr. 27. 2005 12:42PM\nNo. 3374 P. 4\n• :\nPage 2\nA dump truck covered with a tarpaulin of steel cover is considered a \"closed\nvehicle\" under § 173.240.\nloaded into closed vehicles satisfy the requirements of § 173.240. A flat bed\nTherefore, as previously stated, sift-proof bulk bags\ntruck is not a \"closed vehicle\" and, therefore, is not authorized for use under\nare loaded onto a flat bed truck is authorized under § 173.510 of the HMR, 1990\n§ 173.240. However, the transport of bulk bags containing ferrous sulfate that\n§§ 172.302 and 172,331.\nIn this case, the bulk bags must be marked in accordance with\nthis packaging auchorization under § 173.510 may no longer be used beginning on\nAlso, under the transitional provisions in 9 171.14,\nOctober 1,\nIf we can be of further assistance, please feel free to contact us.\nSincerely.\nEdward 7: Mazzul\n¿dward I. Mazzull\nDirector, Office of Hazardous\nMaterials Standards","truncated":false,"body_characters":7575}