HazMat Environmental Group, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administrations Ms. Colleen A. Orth Ref. No. 05-0114 Compliance Officer HazMat Environmental Group, Inc. New Village Industrial Park 60 Commerce Drive Buffalo, New York 14218-1040 Dear Ms. Orth: This responds to your April 27, 2005 letter requesting clarification on "closed bulk bins" under §173.240 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a box van trailer is a "closed bulk bin." You also ask about marking requirements for the bulk packaging. Section 173.240 authorizes the transportation of certain low hazard solid materials in non-DOT specification sift-proof closed bulk bins. In order to be considered sift-proof, the completed package may not permit the escape of any of the hazardous material contained therein. A "closed bulk bin" is a type of bulk packaging other than a portable tank, cargo tank, tank car and multi-unit tank car. It is the shipper's responsibility to ensure that the packaging provides sift-proof containment at the time of shipment and will continue to provide that containment until the package reaches its final destination. It is the opinion of this Office that a box van trailer is a "closed bulk bin" if the provisions of $173.240 requiring sift-proof containment are met. In addition to being sift-proof and closed, the package must also meet general packaging provisions of §§ 173.24 and 173.24b. The bins are also subject to the requirements of the special provisions contained in Column 7 of the Hazardous Materials Table (HMT; 172.101), as applicable to the material being transported. If the Class 9 material is packaged in a non-specification sift-proof closed bulk bin ir accordance with §173.240(c), the marking requirements in §§ 172.302, 172.331 and 172.332 apply. Specifically, the bulk container must be marked with the appropriate 173.240 050114#

Page 24-digit UN identification number in the prescribed format. A Class 9 placard is not required for domestic transportation. I hope this answers your inquiry. Sincerely, peri Office of Hazardous Materials Standards#

Page 3Apr. 21. 2005 12:42HM Boothe No. 33/4 P. 2 $173.240 - HAZMAT ENVIRONMENTAL Bulk Packagings New Village Industrial Park HAZMAT GROUP, INC. 05*0114 Bela, Ne on 15718 ON HAZARDOUS MATERIALS SERVICES....TRANSPORTATION... TRAINING... CONSULTING Permitted In 48 States and Canada Phone: (716) 827-7200 www.hazmatinc.com Fax: (716) 827-7217 April 27, 2005 Ed Mazzullo fax: 202-366-5713 Director, Office of Hazardous Materials Standards Research and Special Programs Administration U.S. Department of Transportation 400 Seventh Street, S.W Washington, D.C. 20590 Dear Mr. Mazzulio: Enclosed please find a letter dated May 2, 1994 that your office sent to World Resources Company in response to their letter requesting an exemption from markings/labels on bulk bags transported in an "enclosed truck trailer". In regards to the above, I would like to request the following: Clarification of the attached letter per your department, that allows generators to ship bulk containers without any markings or labels dependent on the shipping description. An interpretation that requires bulk packages to be marked as such in accordance with 172.302 when transported in a box van trailer. More specifically, for class 9 material regarding 173.240(c), does the definition of a "closed bulk bin" encompass a box val trailer? If you do consider a van a "closed bulk bin" and the material is a hazardous waste, there is no appropriate "container type" for section 12 on a manifest for a box van trailer. Please respond at your earliest convenience. Sincerely, ColenA.Oich Colleen A. Orth Compliance Supervisor /cao Enclosure co: D. Dintino N. Copelin#

Page 4Apr. 21. 2005 12:42PM No. 3374 P. 3 -i. U.S. Department of Transportation Fag: 3: 24: Research and Special Programs Administration MAY 2:094 Mr. Donald E. Gordon and Mr. Eric Hyatt QC Corporation Executive Centre at Hooks Lane 4 Reservoir Circle, Baltimore, MD 21208 Suite 105 Dear Mr. Gordon and Mr. Hyatt: transport of closed bulk bags containing more than 1000 pounds of Ferrous sulfate This is in response to your March 1, and MaIch 21, 1994 letters concerning the material (Environmentally hazardous substance, solid, n.o.s., 9, UN3077. III, RQ) that are loaded into dump trucks, enclosed truck trailers, intermodal containers or enclosed rail box cars. shipping You asked whether the above packaging configuration would satisfy the requirement cars in 49 CFR 173.240. for non-DOT specification sift-proof closed vehicles, closed bulk bins and closed You also asked for our confirmation that the bulk bags whether these bulk bags may be carried are not subject to marking and labeling requirements. onto flat bed trucks. Your March 21 letter asks A vehicle, bin or tail car may be rendered sift-proof in any manner that structural features, such as integral gaskets effectively accomplishes the performance requirement. of liners, or non-structural This may include use of additional packaging materials, such as non-integral liners, bins, or inner packagings. closed vehicle, bin or rail car sift-proof. Therefore, sift-proof bulk bags or drums may be used to render a or drums were io release any of their contents in cransportacion, the performance Obviously, if che inner bulk bags requirement would not be satisfied. with regard to hazard communication requirements, che closed vehicle, bin or rail provided in § 172.504(f) (9). However, the closed vehicle, bin, or rail car must car is not required to display a Class 9 placard for domestic transportatior, as be properly marked with the identification number displayed on an orange panel. accordance with § 172.331. a plain white square-on-point configuration, Because the sift-proof inner drums or bulk bags are or on a Class 9 placard in [all car), the drums and bags loaded therein are not required to display package considered additional components of the bulk packaging (i.e., vehicle, bin or by § 172.202(a) (5), should address the authorized bulk packaging rather chan the markings of labels. The total quantity shown on the shipping paper, as required inner. drums or bulk bags. cocal quantity may be shown as "1 truck trailer", "1 bulk bin", or " 1 rail car" To reduce confusion by enforcement personnel, she to differentiate that the truck trailer. bulk bin, or rail car is the bulk or after the basic description. packaging rather than the bags. This information may be entered either before#

Page 5Apr. 27. 2005 12:42PM No. 3374 P. 4 • : Page 2 A dump truck covered with a tarpaulin of steel cover is considered a "closed vehicle" under § 173.240. loaded into closed vehicles satisfy the requirements of § 173.240. A flat bed Therefore, as previously stated, sift-proof bulk bags truck is not a "closed vehicle" and, therefore, is not authorized for use under are loaded onto a flat bed truck is authorized under § 173.510 of the HMR, 1990 § 173.240. However, the transport of bulk bags containing ferrous sulfate that §§ 172.302 and 172,331. In this case, the bulk bags must be marked in accordance with this packaging auchorization under § 173.510 may no longer be used beginning on Also, under the transitional provisions in 9 171.14, October 1, If we can be of further assistance, please feel free to contact us. Sincerely. Edward 7: Mazzul ¿dward I. Mazzull Director, Office of Hazardous Materials Standards#