# SJ Transportation Co., Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 09-0006
- **title:** SJ Transportation Co., Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2009-01-27
- **effective on:** Not available
- **summary:** 09-0006 response to SJ Transportation Co., Inc. concerning 171.8, 172.202.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0006.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0006.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0006
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090006.pdf
**body:**

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U.S. Department
of Transportation
Pipeline and Hazardous Materials
Safety Administration
1200 New Jersey Ave., SE
Washington, DC 20590
Mr. Christopher P. Prioli
SJ Transportation Co., Inc.
P.O. Box 169
1176 U.S. Route 40
Woodstown, NJ 08098
Ref. No. 09-0006
Dear Mr. Prioli:
This responds to your December 18, 2008 letter and telephone discussions with a member of
my staff regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180) to the transportation of used transformers, rectifiers, and insulating bushings
containing PCB's. Specifically, you ask how these items should be described on the U.S.
Environmental Protection Agency (EPA) Form 8700-22, Uniform Hazardous Waste Manifest
(UHWM), in terms of type of container. In addition, you ask whether choosing TP (portable
tank) on a UHWM would comply with the HMR shipping paper requirements for these items.
The EPA regulates the UHWM, and we cannot answer questions or make interpretations on
how best to complete the form. Your questions should be directed to the appropriate EPA
Office, including any petitions for changes to EPA regulations or forms.
With respect to whether the abbreviation "TP" on the UHWM satisfies the HMR shipping
paper requirements for these PCB contaminated transformers, the answer is no. In accordance
with 5 172.202(a)(7), a shipping paper must include an indication of the number and type of
packages being transported. The abbreviation "TP" which stands for "portable tank," does
not accurately describe the stand-alone articles you are shipping. If the UHWM is being used
to comply with the HMR shipping paper requirements concerning the number and type of
packages, we suggest including further appropriate information (e.g., "4 Transformers") as
needed (see Special Provision 81; 3 172.102), in Item 14 - Special Handling Instructions &
Additional Information, in addition to any other information EPA requires in Item 14. As an
alternative, you could create a separate shipping paper meeting all the requirements of Part
172 Subpart C, and transport it along with the UHWM.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

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SJk4?bk
Transportation Co., Inc.
P.O. Box 169
11 76 U.S. Route 40
Woodstown. NJ 08098
07 -0 0 06 (856)769-2741
(800 524-2552
Fax (8561769-4248
Fax (856)769-98 1 1
18 December 2008
Mr. Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
US DOT I PHMSA (PHH-10)
1200 New Jersey Avenue, SE East Building, 2" Floor
Washington, DC 20590
RE: Container Type Designation on 8700-22 Uniform Hazardous Waste Manifest
- ,
Dear Mr. Mazzullo:
<. '
I am seeking guidance on the selection of appropriate container type designations for some
general types of used electrical equipment when such equipment is shipped on the Uniform
Hazardous Waste Manifest, USEPA Form 8700-22. The equipment being shipped includes
used transformers, rectifiers, regulators, and insulating bushings. Many of these devices
contain (or contained) PCB oil in various concentrations. Please refer to the accompanying
photographs for representative examples of the equipment.
Whereas I am aware that DOT takes a generally broad interpretation of shipping container
descriptions for shipping papers, the Uniform Hazardous Waste Manifest restricts the
shipper to a limited selection of container type abbreviations. The available abbreviations,
as listed below, are found in the Appendix to 40 CFR s262:
BA - Burlap, cloth, paper or plastic bags CF - Fiber or plastic boxes, cartons, cases CM - Metal boxes, cartons, cases (including roll-offs) CW - Wooden boxes, cartons, cases CY - Cylinders DF - Fiberboard or plastic drums, barrels, kegs DM - Metal drums, barrels, kegs
DT - Dump truck
DW - Wooden drums, barrels, kegs
HG - Hopper or gondola cars
TC - Tank cars
TP - Portable tanks
l 7 - Cargo tanks (tank trucks)
With the above-listed abbreviations being the only approved entries permitted for Item 10
on the Uniform Hazardous Waste Manifest, I am faced with the need to obtain definitive
guidance regarding the proper container type abbreviations to use for the equipment being
shipped. In the past, some shippers have used the "TP" designation for transformers of
Environmental Transportation and Logistics

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various styles and sizes. My understanding is that this designation would not be correct for
items of the types involved here, based upon the 49 CFR 3171.8 definition of a portable
tank. That definition states that a portable tank is a "bulk packaging.. . designed primarily to
be loaded onto, or on, or temporarily attached to a transport vehicle.. . and equipped with
skids, mountings or accessories to facilitate handling of the tank by mechanical means. "
My contention is that most transformers and sirrrilar electrical equipment cannot meet this
definition for the following reasons:
these devices will very rarely meet the 49 CFR 5171.8 defining criteria for bulk
packagings in terms of liquid capacity;
these devices are not designed "priniarily to be loaded onto, or on, or temporarily
attached to a transport vehicle"; and
these devices are not inherently tank-like in design or purpose.
There are basically two types of electrical devices about which I have concerns - pole-
mount types and pad-mount types. Typically, pole-mount transformers (Figure 1 below)
are generally cylindrical in overall shape, often having flat bottoms and slightly convex
upper ends, usually with insulating bushings protruding from either the top surface or
through the cylinder's side wall, and sometimes with cooling fins or panels attached to the
outer circumference. The liquid capacity of these devices will vary by the size of the unit,
but will generally not meet the 119-gallon threshold for "bulk designation. Based upon the
general shape of these units, the limited options provided by 40 CFR 5262, and the fairly
"open" definition of "drum" found in 49 CFR 3171.8, 1 have concluded that "DM" would be
the most appropriate container type designator for these items when shipped on EPA Form
8700-22.
Figure I - Pole-mount Transformers
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Pad-mount devices can have a physical shape similar to that of the pole-mount units
described above, or they can be generally box-like in shape and structure. Some of these
units will meet the 119-gallon "bulk threshold, but many others will not. In either case, the
defining criteria for portable tanks are not met. These devices may be any one of several
different device types, but all are designed to be secured to a concrete pad or footing via
fixtures on their bases. Figure 2 below shows a typical small pad-mount transformer while
Figures 3 and 4 depict two different large pad-mount models. Figure 5 illustrates a rectifier
unit and Figure 6 is that of a regulator unit. As the photographs show, none of these units
can rightly be classed as portable tanks.
Figure 2 - Small Pad-mount Transformer
Figure 3 - Large Pad-mount Transformer (CabinetJ
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Figure 4 - Large Pad-mount Transformer (Cylindrical)
Figure 5 - Large Pad-mount Rectifier
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Figure 6 - Large Pad-mount Regulator
The interior spaces of each of these devices is largely filled with coils of wire, core material,
switches and/or other components, with the relatively small remaining space being filled
with dielectric oil. In most cases, the only accessories present that would be considered as
being intended to "facilitate handling.. . by mechanical means" would be the lifting hooks or
eyes that are often attached to the units. It sho~~ld be noted that engines for cars and
trucks are also equipped with lifting eyes or hooks, but they are no more considered
portable tanks than these UI- its should be.
I believe that the cylindrically-shaped pad-mount devices should be designated as "DM"
containers, as that is the closest of the defined container types to the actual physical
structure of these devices. By the same reasoning, I believe that the remaining pad-mount
devices illustrated herein should be designated as "CM" containers.
Another type of used electrical equipment that we deal with is an
insulating device called a "busliing". These are generally large
stand-off insulators such as those shown in Figure 7 at right.
These devices are naturally the most difficult to classify, as there is
really no appropriate container type defined in 40 CFR s262. As
before, these devices will generally contain a limited volume of
dielectric oil. Most bushings are ceramic or porcelain in
construction and can be of various lengths and diameters, though
they will rarely if ever reach the 11 9-gallon "bulk threshold as
containers for liquids.
Figure 7 - Insulating Bushings
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It is quite obvious that the insulating bushings cannot be even remotely construed as being
portable tanks. It is much more difficult to select an appropriate container type designation
for these devices, however. 'Their design and construction preclude inclusion in any of the
container types defined in 40 CFR 3262.
One other point to consider is that Special Provision 81 (49 CFR §171.102) specifically
provides for the shipment of certain PCB articles, when the use of a specification container
is impractical, in non-specification packages or through the use of the article itself as the
package. This is the justification for shipping these devices without any specific kind of
inclusive packaging.
To summarize, I am specifically seeking formal written guidance regarding the proper and
correct container type abbreviations for use on the Uniform Hazardous Waste Manifest
(Form 8700-22) as regards the various device types discussed herein and as listed below:
1. Transformers and other similar PCB devices having a generally cylindrical overall
shape;
2. Transformers and other similar PCB devices having a generally box-like overall
shape; and
3. Insulating bushings constructed of ceramic or porcelain materials.
Despite my best efforts, I was unable to obtain conclusive guidance on this issue from the
USEPA. In fact, I was instructed to direct this issue to your office for an answer, as much
of the answer would likely be based I.lpon USDOT definitions and interpretations.
I look forward to hearing from you in the near future, and I hope that you will be able to
provide the guidance that I need.
Sincerely,
Christopher P. Prioli
Safety & Compliance Manager
Environmental Transportation and Logistics
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