Georgia Department of Public Safety — Hazardous Materials Safety Interpretation

Page 1u.5. Department of TI-ansportation Pipeline and Hazardous McrlSerials Safety Administration 400 Ssventh Street, S.W. Washington, D.C. 20590 Ca.~tain Bruce Bugg Georgia Department of' Public Safety Mctor Carrier Compliance Division P.0. Box 1456 Atlanta, GA 30371-14ti6 Ref. No.: 06-027 1 Deiu- Captain Bugg: This is in response to your letter dated November 20,2006, regarding the placardirig and labeling req~~irements for intermediate bulk containers (IBCs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). Specifically, you request clarification on subsidiary placarding and labeling. Your questions are summarized and answered below. Q1. If an IBC, portable tank of less than 1000 gallons, DOT 106 or 110 multi-unit tank car tank, or c,ther bulk package, containing a hazardous material, do not bear any labels or placards, which is the correct regulatory violation? Al. In accordance with 4 172.514, each person who offers for transportation a bulk packaging which contains a hazartlous material shall affix the placards specified for the material in $ 9 172.504 and 172.505. A bulk packaging placarding exception authorized in 4 172.5 14(c) allows an IBC to be placarded on two opposing sides or, alternatively, labeled in accordance wid1 Part 172, Subpart 13 of the HMR. A bulk package that is not placarded or, whsn authorized, labeled is in violation of Part 172, subpart F. Q2. Sf such a bulk package is carrying a hazardous material with a subsidiary hazard, but is not subject to Q 172.505, arl: subsidiary labels required? A2. :[f labeled under Subpart E of Part 172, each package containing a hazardous lnaterial must be li~beled with primary and subsidiary hazard labels as specified in Column 6 of tke Q 172.101 Hazardous Materials Table (HMT) unless excepted in Q 172.402(a)(2). However, if placarded. undw Subpart F of Part 172, each package containing hazardous material must be l la carded with the p~imary hazard placm2rd and the subsidiary hazard placarded when required by 4 172.505. Q3. IF an IBC is placarded on 2 opposing sides, is on an open, non-sided, truck or trailer, and the placards are visible, are placards also required on the transport vehicle? A3. Each transport vehicle subject to the placarding requirements of Part 172, Subpart F, must be placarded on each side and each end. This requirement may be met by placards displayed on frei~;ht containers or poxtable tanks loaded on a flat-bed motor vehicle (9 172.516(a)). IBCs are not irlcluded in this pro\ision. Under Q 172.514, an IBC need only he placarded on two opposite#

Page 2sid~:s or alternatively ]nay be labeled in accordance with Part 172, Subpart E. Therefore, a pr3perly placarded or labeled IBC may not be used to satisfy vehicle placarding r,:quirements. In addition, IBCs may bt: substantially smaller than portable tanks and freight containers, which miry effect the visibility of a placard when the IBC is placed on a flat-bed vehicle However, if a shipper chooses to placard an IBC on each side and each end and the IBC is large enough that each placard on the IEC: is readily visible from the direction it faces when the IBC is placed on a flat-bed vehicle, then he vehicle itself need not be placarded. Q4.. The HMT specifies that Hydrogen fluoride, anhydrous, UN 1052, PG I, is classified as a coi~osive with a toxic subsidiary hazard. The special provisions provide that the material is po.sonous by inhalaticn in Hazard Zone C. Does this material meet the requirements for description under 9 172.203(m)? If not, is the material therefore subject to 9 172.505? A4. In spite of the hazard class to which a material is assigned, for materials that are poisonous by inhalation (see $5 173.132 and 173.133), the words "Poison-Inhalation Hazard ' or "Toxic- Inhalation Hazard" and the words "Zone A", "Zone B", "Zone C", or "Zone D" fcr gases, or "Zone A" or "Zone B" for liquids, as appropriate, shall be entered on the shipping paper imnediately following the shipping description. In this case, if the material in question is a liq111.d and "Zone C", then it is not subject to 5 172.203(m); and therefore not subject to 5 172.505. , . I hope this information is helpful. Please contact us if you require additional assis~.ance. Cha~les E. Betts Transportation Specialist of Hazardous Materials Standards#

Page 3Page 1 of 1 Frorn: 0.Bruce Bugg [obbugg@gsp.net] Sent: Monday, November 20,2006 10:47 AM To: INFOCNTR <PI-IMSA> Subject: Request for Clarification This e-mail requests a written clarification on the following issues: §172.4110(a)(2), (a)(3), (a)(4), and state that certain bulk packagings must be labeled, "unless placarded in accordztnce with.." regulatiors which appear in Subpart F of part 172. Similarly, §172.514(c) reflects these alternatives. ( I ) If an IBC, Portable tank o' less than 1,000 gallons, DOT 106 or 110 tank car tank, or othe- bulk package, containing a hazardous material, do not bear any labels or placards, which is the correct regulatory violation? The languag! of 5172.400 appea-s to be the regulatory standard and $172.514 appears to be the option, but we need clarity on how to list these vicllations. (2) If such a bulk package is carrying a hazardous material with a subsidiary hazard, but NOT subject to 5172.505, are subsidiary labels required? This could be further broken down into the following scenarios: (a) The material is in a bulk psckage, and is labeled for the primary hazard. Are subsidiary labels required? W T h e i-rlaterial is in a bulk p.ackage, and is placarded for the primary hazard. Are subsidiary labels required, or are subsidiary placards required? (3) If an 113C is placarded on L! opposing sides, is on an open, non-sided, truck or trailer, and the placards are visible, ;.re placards also req~ired on the transport vehicle? On a separate issue, §172.101 Table specifies that Hydrogen fluoride, anhydrous, UN 1052, PG I, is classified as a corrosive liquid, with a toxic subsidiary hazard. The special provisions provide that the mater a1 is in Hazard Zone C. Cloes this material meet the requirements for description under §172.203(m), because it is a liquid? If not, - ?. is the material therefore subject to 51 72.505? Cap!. B N C ~ Bugg Georgia Delartrnent ol Public Safety Motor Carrier Cornoliance Division P.O. BOX 14!jt; . Atlanta . GA 30371 -1 456 Phone: 404.ti24.7211 or 7210 Fax: 404.62r ,7295 e-mail: obbu!j(l(at)gsp.net [replace '(at)'wilh "@"I#