{"operation":"document","citation":"06-0042","title":"State of New Jersey — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-03-23","effective_on":null,"summary":"06-0042 response to State of New Jersey concerning 172.101, 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0042","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060042.pdf","body":"<<<PAGE 1>>>\n\nf Transportatic\nS. Departmer\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMAR 23\n2006\nMr. Robert Gomez\nRef. No. 06-0042\nSupervisor, Transport Oversight Unit\nDepartment of Environmental Protection\nState of New Jersey\n300 Horizon Center\nTrenton, NJ 08625-0407\nDear Mr. Gomez:\nThis is in response to your February 3, 2006 letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if\nthe bulk, non-DOT specification containers described in your letter are an acceptable\nmeans of containment for contaminated soil described as \"RQ Hazardous waste, solid,\nn.o.s., 9, NA3077, PG III\" under § 173.240. Additionally, you ask if the transloading\noperations described in your letter are permissible under the HMR.\nSection 173.240(c) authorizes the transportation of certain low-hazard solid materials in\nnon-DOT specification sift-proof portable tanks and closed bulk bins. In order to be\ndeemed sift-proof, the completed package may not permit the escape of any of the\nhazardous material contained therein. We believe the packaging configurations you\ndescribe in your letter are authorized under § 173.240(c). However, it is the shipper's\nresponsibility to ensure that the packaging provides sift-proof containment for the\nthe package reaches its final destination.\ncontaminated soil at the time of shipment, and will continue to provide containment until\nIn your letter you describe two transloading scenarios. The first scenario involves a\ndump truck, roll off bin or intermodal container that contains a closed bulk bag of a solid\nhazardous waste. The closed bulk bag is transferred via gravity to a lined rail car. In\nyour letter, you state that the bulk bag remains closed during the transloading operation\nand no hazardous material is permitted to escape. The second scenario describes a dump\ntruck, roll off container or intermodal container lined with plastic sheeting and filled with\nunpackaged, solid hazardous waste. The solid hazardous waste is transferred from the\ndump truck, roll off bin or intermodal container to the lined rail car via gravity. You state\nin this scenario, the potential for release of solid hazardous waste during transloading\nexists because of the draft created from the material falling into the rail car, or from cross\nwinds blowing though the building where the transloading occurs.\n173.240\n060042\n172.101\n\n<<<PAGE 2>>>\n\nAll bulk packages must be filled in accordance with §§ 173.24 and 173.24b. In both the\nscenarios you describe in your letter, the rail car used for the shipment of the hazardous\nwaste must filled so that under conditions normally incident to transportation, there will\nbe no identifiable (without the use of instruments) release of hazardous materials to the\nenvironment (§ 173.24(b)(1)).\nFor your information, each person in physical possession of a hazardous material at the\ntime an incident occurs during the course of transportation (including loading, unloading,\nand temporary storage) in which there is an unintentional release of hazardous material or\ndischarge of any quantity of hazardous waste from a package must submit a Hazardous\nMaterials Incident Report on DOT Form F 5800.1 within 30 days of the date of discovery\nof the incident.\n1 hope this information is helpful. Please contact us if we can be of additional assistance.\nSincerely,\nPaduand 7. Mazzullo\nEdward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nLeary\n3173.240\n3172.10/\nState of Neta Jerseg\n06-0042\nGovernor\nJON.S. CORZINE\nDIVISION OF COUNTY ENVIRONMENTAL AND WASTE ENFORCEMENT PROGRAMS\nDEPARTMENT OF ENVIRONMENTAL PROTECTION\nLISA P. JACKSON\nBUREAU OF SOLID WASTE COMPLIANCE AND ENFORCEMENT\nActing Commissioner\n300 HORIZON CENTER\nTRENTON NJ 08625-0407\nCERTIFIED MAIL/RRR\n7005 0390 0001 8555 3319\nFebruary 3, 2006\nEdward T. Mazzullo, Director\nOffice of Hazardous Materials Safety\nPHH-10\n400 7* Street, S. W.\nWashington, DC 20590-0001\nRe: Regulatory Guidance\nDear Director Mazzullo:\nI am seeking regulatory guidance related to the truck to rail transfer of contaminated soils.\nsuch as lead, chromium, arsenic, etc. They are described with the generic shipping description:\nSpecifically, the contaminated soils are RCRA hazardous waste and may contain heavy metals\nRQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII. The NOS could include one of the\nRCRA heavy metals, depending on the site being remediated.\nThe questions I have relate to the packaging and transfer of DOT/RCRA regulated contaminated\ncons. rs inimody bonpackad in dum, non-so The design on the rail of achine moldat\ncontainers, are such that they have an open top to allow for loading and a rear-opening door that\nallows for unloading. The tops are then securely closed with a tarp or even a steel lid on some\ncontainers.\nColumn (BC) of the 172.101 table states that for Hazardous Waste, Solid, N.O.S., 9, NA3077,\nPIII, Part 173.240 must be complied with. Part 173.240 states that sift-proof non-DOT\nSpecification portable tanks, closed bulk bins and motor vehicles are authorized. In addition,\nsubparts A & B must also be complied with and if there are special provisions identified in\ncolumn 7, they must also be complied with.\nNew Jersey is an Equal Opportunity Employer • Printed on Recycled Paper and Recyclable\n\n<<<PAGE 4>>>\n\nOffice of Hazardous Materials Safety\nPage 2\nBased on this, I am seeking guidance as to whether 173.240 and also the general requirements\nfor packagings and packages at Subpart B (173.24) would be met in the packaging scenarios\ndescribed below in items one through four.\n1. Would a dump truck (non-DOT Specification motor vehicle) simply lined with plastic\nsheeting, filled with a RQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII, covered with\nplastic sheeting and then covered with a tarp satisfy the requirement for a non-DOT\nspecification \"sift-proof closed vehicle\"?\n2. Would a dump truck (non-DOT Specification motor vehicle) loaded with closed bulk bags\nof a RQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII and then covered with a tarp\nsatisfy the requirement for a non-DOT specification \"sift-proof closed vehicle\"?\n3. Would a bulk intermodal container or roll off container (non-DOT Specification packages)\nsimply lined with plastic sheeting, filled with a RQ, Hazardous Waste, Solid, N.O.S., 9,\nNA3077, PGIII, covered with plastic sheeting and then covered with a tarp satisfy the\nrequirement for a non-DOT specification \"sift-proof closed package'?\n4.\nWould a bulk intermodal container or roll off container (non-DOT Specification packages)\nloaded with a closed bulk bag, filled with a RQ, Hazardous Waste, Solid, V.O.S., 9,\nonline or dol of co\nNA3077, PGIII, loaded into non-Specification intermodal or roll off containers and then\ncovered with a tarp satisfy the requirement for a non-DOT specification \"sift-proof closed\npackage\"?\nThe second part of the guidance I am seeking deals with the physical transfer from truck to rail\nof this DOT/RCRA regulated waste stream while still in transportation. In that the truck to rail\ntransfer of RQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII, is occurring at a transfer\nfacility that is not identified as the destination facility. Waste is trucked from an off site\nremediation project to a truck to rail transfer facility. The DOT/RCRA regulated waste is\ntransferred from a highway mode of transportation to a rail mode of transportation.\nI have described two different truck to rail transfer scenario's below as A and B. Both scenario's\ninvolve the transfer of RQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII from a dump\ntruck, roll off container or intermodal container into a rail car, which is lined with a plastic fiber\ncoated bag material. Once the bag in the rail car is filled it is tied closed and covered with a tarp\nfor transportation on the rail system to the designated destination facility identified on the\nhazardous waste manifest.\nWhat I would like to know is if scenario A or B would be allowable under DOT's Hazardous\nMaterial Regulations. If either A or B would be prohibited, please explain the regulatory basis.\nA. A dump truck, roll off container, or intermodal container is filled with a closed bulk bag of\nRQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII and is transported over the\nhighway. Upon arrival at the rail transfer facility, the dump truck, or trailer containing the\n\n<<<PAGE 5>>>\n\nOffice of Hazardous Materials Safety\nPage 3\nroll off or intermodal container backs up a ramp. The end of the ramp sits over top of a rail\ncar lined with a closeable plastic coated fiber bag. The dump truck, roll off or intermodal\ncontainer is then tipped upward and the closed bulk bag of regulated material slides out and\ninto the lined rail car.\nNote: During this transfer the bulk bag remains closed and none of the regulated\nmaterial is released to the surrounding area (continued from A, above)\nB. A dump truck, roll off container, or intermodal container is lined with plastic sheeting,\nwhich is then filled with a RQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII, covered\nwith a tarp to render it closed and then transported over the highway. When it arrives at the\nrail transfer facility, the dump truck, or trailer containing the roll off or intermodal container\nis backed up a ramp. The end of the ramp sits over top of a rail car lined with a closeable\nplastic fiber coated bag. The dump truck, roll off container or intermodal container is then\ntipped upward and the plastic sheeting and regulated material slide out and into the lined rail\ncar.\nNote: The plastic sheeting does not enclose the regulated material during the transfer,\nit simply aids in the waste sliding out of the dump truck, roll off or intermodal\ncontainer. During the transfer the plastic sheeting opens up and allows the\nDOT/RCRA regulated hazardous waste to free fall out of the container and into\nthe lined rail car. The distance between rear door of the container is several\nfeet above the rail car. The potential for the regulated material to be carried\naway from the rail car during the transfer exists due to the draft created from\nthe regulated material falling into the rail car or from cross winds blowing\nthrough the building the transfer is occurring in. The transfer building is not\nequipped with air handling equipment such as a negative air and filtration\nsystem to capture particulate matter emitted during the transfer.\nPhotographs and short videos of scenario B have been enclosed. The photographs identified\nbelow\nare of non-DOT/RCRA regulated waste being transferred. However, DOT/RCRA\nregulated waste (RQ, Hazardous Waste, Solid, N.O.S., 9, NA3077, PGIII (Soil contaminated\nwith chromium) (D007)) have been observed being dumped at this same location and from the\nsame type of intermodal container before there was a building constructed over the rail car\ntipping area. These same regulated DOT/RCRA regulated materials may be transferred again\nunder the conditions of scenario B, above once additional remedial projects become available.\nThe photographs and short video are attached to help in your response to the regulatory guidance\nI am seeking above.\nPhotograph number DSC01178 is a view standing next to a rail car waiting to be loaded and\nintermodal or roll off container. The trailer with the roll off or intermodal container back up to\nlooking up at the black steel chute where the regulated waste is dumped through from an\nthe area above and to the left of the black steel chute. The rear door of the container is opened\nand then tilted upward to dump into the rail car.\n\n<<<PAGE 6>>>\n\nOffice of Hazardous Materials Safety\nPage 4\nPhotograph number DSC01190 is a picture from where the trailer containing the intermodal or\nroll off container back up to and dump their contents into the steel chute that sits above the lined\nrail car. Visible along the top and bottom of the chute are garden hoses set to mist when\ndumping is occurring.\nThis misting system has been seen and is ineffective in the control of\nparticulate matter.\nPhotograph number DSCO1189 is a picture of an intermodal container being prepared to off load\nits contents into and through the steel chute that empties into the lined rail car.\nShort video clip number MOV01184 is a video of an actual transfer of waste being dumped from\nblows around. The bright area behind the transfer is the one side of the building at the end of the\nan intermodal container into the lined rail car. The misting is visible, but particulate material still\nrail car being filled, it is just strips of plastic sheeting that is used to help keep waste in the\nbuilding and wind out. However, it is not real effective.\nShort video clip number MOV01187 is a video of an actual transfer from an intermodal\ncontainer into the lined railcar from the top. Mist is visible from the misting system, but as you\ncan see it blows around from drafts created at the doorway where the intermodal container is\nThe regulatory guidance above is being requested to help limit the liability the State may be\nexposed to as a shipper of these materials. As a state agency we are responsible for overseeing\nand administering site cleanup actions, as such we are also expected to ensure packages we offer\nare in compliance with DOT's Hazardous Material Regulations. In addition, we also encounter\nmany transporters of DOT/RCRA regulated hazardous waste materials being transported through\nour state in all of the manners described above.\nThe rail transfer facility described and included in the photographs above, is a private entity,\nimperative we receive regulatory guidance to the scenarios outlined in this request.\nwhich has been used by the State of New Jersey and Federal Government. Therefore, it is\nYour prompt attention to this matter will be greatly appreciated by the State. Should you have\nany questions, please contact me at (609) 584-4227.\nSincerely,\nRobert Gomez, CHMM, Supervisor\nTransportation Oversight Unit\nRobes Some\nAttachments enclosed (Compact Disc)\nc. Regulatory File\n\n<<<PAGE 7>>>\n\nOffice of Hazardous Materials Safety\nPage 5\nPhotograph #DSC01178:\nWaste is dumped from the upper left side of this photograph, just above the black steel chute that\nsits above the gray lined rail car. Between the bottom of the steel chute and the top of the rail car\nis several feet. The very bright spot behind the rail car is the end of the building; approximately\nthree to five feet from the far side of the black chute. The end of the building behind the end of\nthe rail car is protected by plastic strips, similar to those used in walk in freezers.\n\n<<<PAGE 8>>>\n\nOffice of Hazardous Materials Safety\nPage 6\nPhotograph #DSC01189:\nThis is a photograph of an intermodal container being prepared to transfer its contents into a\nlined rail car. The rear door will be opened, the operator will move aside and the trailer will\nback up several feet and it will then be tipped upward. The steel chute the waste is dumped\nthrough is just behind the operator.\n\n<<<PAGE 9>>>\n\nOffice of Hazardous Materials Safety\nPage 7\nPhotograph #DSC01190:\nThis is a photograph of the steel chute that roll off and intermodal containers dump their waste\nthrough. The waste passes through the chute and it is deposited via gravity into the lined rail car\nbelow. See photograph #DSC01178 for the view below the chute where the rail cars are located\nIntermodal &: roll off containers such as the one visible in photograph #DSC01189, will back up\nagainst the bumper visible at the lower portion of this photograph and then dump their load into\nthe chute.","truncated":false,"body_characters":15660}