{"operation":"document","citation":"07-0229","title":"Veolia Environmental Services Technical Solutions, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-01-29","effective_on":null,"summary":"07-0229 response to Veolia Environmental Services Technical Solutions, L.L.C. concerning 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0229.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0229.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0229","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070229.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdmini ration JAN 2 9 2007\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMs. Jennifer Eberle\nManager, Transportation Compliance\nVeolia Environmental Services\nTechnical Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\nRef. No. 07-0229\nDear Ms. Eberle:\nThis responds to your letter regarding the use of overpacks for hazardous wastes under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). Specifically, you ask for\nguidance in how to describe 10 fiberboard drums on a shipping paper when the drums are\n\"overpacked\" on a pallet and secured with shrink-wrap. Your various scenarios are\nparaphrased and answered as follows:\nS 1. Would it be a violation of the HMR to indicate the number and type of packages on a\nshipping paper, as required in 8 172.202(a)(6), as \" 1 pallet\"?\nAl. Yes. The number and type of stand-alone packages must be indicated (e.g., \"10\nfiberboard drums\") on a shipping paper in any appropriate manner either before or after the\nbasic description required by the HMR.\nS2. Would it be a violation of the HMR to indicate the number and type of packages on a\nshipping paper, as required in 8 172.202(a)(6), as \"1 pallet\" or \"overpack\" if the actual\nstand-alone packages were described elsewhere on the shipping paper?\nA2. No. As specified in 8 172.202(c), the number and type of stand-alone packages must\nbe indicated (e.g., \"10 fiberboard drums\") on a shipping paper in any appropriate manner\neither before or after the basic description required by the HMR. Note also that annotating\n\"1 pallet\" or \"overpack\" in block 10 (No. and Type Containers) of a Uniform Hazardous\nWaste Manifest may cause confusion; this information would more appropriately be\nannotated in block 14 (Special Handling Instructions and Additional Information).\nS3. Would it be a violation of the HMR to indicate the number and type of stand-alone\npackages on a shipping paper, as required in 172.202(a)(6), as \"10 fiberboard drums\" if\nthe words \"1 pallet\" or \"overpack\" were indicated elsewhere on the shipping paper or\nUniform Hazardous Waste Manifest?\n\n<<<PAGE 2>>>\n\nA3. No. Assuming all other documentation requirements are satisfied, this would be the\npreferred method of indicating an overpack on a shipping paper or Uniform Hazardous\nWaste Manifest.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nQ VEOLIA\nENVIRONMCNTAC SERVICES\nNovember 30, 2007\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n12 New Jersey Avenue, SE East Building, 2\" Floor\nWashington, DC 20590\nDear Mr. Mazzullo,\nPlease accept this letter as a request for a formal interpretation from your office. Veolia\nwishes to receive written clarification related to the HM-215E revision to §172.202(a)(6) as it\napplies to overpacks.\nI n accordance with the amended requirements of §172.202(a)(6), it is now mandatory for\nshippers to include the number and types of packages being used to transport hazardous\nmaterials on the shipping paper for all modes of transportation.\nVeolia is a hazardous waste management company and utilizes the EPA Hazardous Waste\nManifest as the shipping paper for its hazardous materials shipments. It is our\nunderstanding that an overpack is not a \"package\" as defined in 5171.8 and therefore it is\nthe total number of packages contained within the overpack that is required to be indicated\non the shipping paper to comply with §172.202(a)(6).\nSpecifically, Veolia is looking to receive clarification as to the proper method used to\nindicate the number and types of packages in compliance with §172.202(a)(6) when\nshipping overpacks.\n[NOTE: Please see the attached example of a shipping paper as it relates to the questions\nbelow. For all 3 questions, the packaging is 10 fiberboard drums (DF) secured to a single\npallet with shrink-wrap (overpack - CF).]\n1. I s it compliant to indicate the type of overpack being used as the type of package\nrequired under §172.202(a)(6) without any further clarification of the number and\ntypes of packages contained within the overpack? See line item 1 on the attached\nsample shipping paper for example.\n2. I s it compliant to satisfy §172.202(a)(6) by indicating the type of over~ack as the\ntype of package with further clarification of the number and types of packages\ncontained within the overpack elsewhere on the shipping paper? See line item 2 on\nthe attached sample shipping paper noting additional information identified in section\n14 of the hazardous waste manifest.\n3. I s it compliant to indicate the number and types of packages contained within an\noverpack as the number and type of packages required under §172.202(a)(6) with\nadditional information to clarify that an overpack was used elsewhere on the shipping\npaper? See line item 3 on the attached sample shipping paper noting additional\ninformation in section 14 to indicate that an overpack was used for all packages.\n\\/eol~a ES Technical Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\njennifer.eberle@veoliaes.com\n(973) 448-4209\n\n<<<PAGE 4>>>\n\nQ VEOLIA\nENVIRONMENTAL SERVICES\nYour written response to this question is greatly appreciated. I f you require any further\ninformation regarding this letter please contact me at 973-448-4209 or\njennifer.eberle@veoliaes.com.\nThank you,\nJennifer Eberle\nManager, Transportation Compliance\nVeolia ES Techn~cal Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\n]ennifer.eber~e@veo~iaes.corn\n(973) 448-4209","truncated":false,"body_characters":5654}