{"operation":"document","citation":"07-0062","title":"Wisconsin Department of Natural Resources — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-05-07","effective_on":null,"summary":"07-0062 response to Wisconsin Department of Natural Resources concerning 172.102, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0062.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0062.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0062","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070062.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMAY 7 2007\nMs. Gretchen S. Wheat\nWisconsin Department of Natural Resources\nBureau of Waste and Materials Management\nRef. No. 07-0062\n101 South Webster St.\nMadison. WI 53707-7921\nDear Ms. Wheat:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nasbestos. Your questions are paraphrased and responded to as follows:\nRegulations (HMR: 49 CFR. Parts 181-180) as they pertain to the transportation of\nQI. Is friable asbestos packed in quantities of one pound or more subject to the HMR?\nAl. Yes. Friable asbestos is subject to the HMR as a Class 9 material regardless of\nalso regulated as a hazardous substance.\nQ2. Is non-friable asbestos subject to the HMR?\nA2. No.\nQ3. Do the registration requirements apply to a person who transports friable asbestos in\na bulk package with a capacity greater than t68 cubic feet?\nA3. Yes.\nQ4. Do the registration requirements apply to a person who transports friable asbestos in\na non-bulk package if the shipment has a gross weight of at least 5.000 pounds. or\ncontains more than one class of hazardous materials for which placarding is required?\nAt. Yes.\nasbestos contaminated material (RACM) as defined under the National Emission\nWith regard to your question concerning whether the HMR apply only to regulated\n172.102 Sp 156\n173.6\n070062\n\n<<<PAGE 2>>>\n\nthe asbestos can be crumbled or pulverized to a powder through hand pressure, or if the\nStandards Hazardous Air Pollutants (NESHAP), the HMR apply to all friable asbestos. If\nasbestos will become friable during transportation, it is regulated as a Class 9 material.\n(Also, see § 172.102, Special Provision 156 for exceptions:)\nI hope this information is helpful. If you have additional questions, please contact this\noffice.\nSincerely.\nHe His\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n3172.102 5p 156\nMEIntyre\n§173.6.\nDrakeford, Carolyn <PHMSA>\nSpecial Provision / MOT\nFrom: Gale, John <PHMSA>\n07 - 0862\nSent: Friday, March 23, 2007 7:07 AM\nTo:\nDrakeford, Carolyn <PHMSA>\nSubject: FW: Asbestos Abatement Wastes & HMR\nCarolyn:\nPLease log in as interpretation request. Note to specialist, Please copy Barbara Waller on the response.\nJohn\nSent: Thu 3/22/2007 4:00 PM\nFrom: Waller, Barbara <PHMSA>\nCc: Razny, Mark <PHMSA>\nTo: Gale, John <PHMSA>\nSubject: FW: Asbestos Abatement Wastes & HMR\nHello John,\nI am forwarding this to you knowing your office is much better qualified than I to respond to Ms.\nasbestos issue. I would appreciate being copied on responses to Ms. Wheat. Thanks in advance for your\nWheat's questions. I understand from Kevin Boehne that there is an active case in WI regarding this\nassistance.\nDo take care and maybe we will see you in Raleigh at the multimodal.\nBarbara\nFrom: Wheat, Gretchen S - DR [mailto:Gretchen.Wheat@Wisconsin.gov]\nTo: Waller, Barbara <PHMSA>\nSent: Wednesday, March 21, 2007 5:22 PM\nSubject: FW: Asbestos Abatement Wastes & HMR\nto forward my questions to another individual at U.S. DOT for response, and it may take some\nBarbara - This follows up on our phone conversion today. I understand you will likely need\ntime before I receive a response.\nHere are my questions:\n1.) Please confirm (or deny) the following basic information about the applicability of the U.S.\nDOT Hazardous Materials Regulations (HMR) with respect to transport of asbestos abatement\nwastes:\n• Friable asbestos packaged in quantities of 1 pound or more is subject to the HMR.\n• Non-friable asbestos is not subject to the HMR\n• HMR registration applies to a person who transports friable asbestos in a bulk package\n3/26/2007\n\n<<<PAGE 4>>>\n\nwith a capacity greater than 468 cubic feet.\n• HMR registration applies to a person who transports friable asbestos in non-bulk\npackages only if the shipment meets one or more of the following criteria:\n• The shipment has a gross weight of at least 5,000 pounds; or\n• The shipment contains more than one class of hazardous materials for\nwhich placcarding of the vehicle, rail car or freight container is required.\n2.) Is HMR application is limited to regulated asbestos contaminated material (RACM), as\ndetined under NESHAP? (This may be a more difficult question to answer, so perhaps it\nshould be \"split\" from the questions above for a later response.)\nBackground: I see Special Provision 156 applies to both bulk and non-bulk packages of\nasbestos. The following interpretation letters are also relevant:\n• Ref. No. 05-0291, 12/20/05\n• Ref. No. 05-0260, 11/4/05\nincluding technical assistance to WI DR staff and the regulated community. I have recently\nI work at WI DNR. My position includes policy and guidance development related to asbestos,\nreceived questions about U.S. DOT regulations that apply to the transport of asbestos\ncontaminated materials that have been removed from structures during renovation and\nlandfill disposal.\ndemolition activities. The asbestos contaminated materials are transported as a solid waste for\nI want to update WI DR's asbestos publications, to add references to pertinent US DOT\nHMR. (Currently, WI DR publications do not mention US DOT HMR.) I work in the WI DR's\nWaste & Materials Management Program, and will share the information I collected about US\nincluding: WI DR's Air Management Program; and WI's Dept. of Health and Family Services,\nDOT requirements with other WI programs / agencies that regulate asbestos activities,\nAsbestos and Lead Program.\nGretchen Wheat, P.E., Waste Management Engineer\nWisconsin Department of Natural Resources\nBureau of Waste and Materials Management\ngretchen.wheat@wisconsin.gov 608-267-0557\n3/26/2007","truncated":false,"body_characters":5779}