{"operation":"document","citation":"09-0288","title":"American Council of Independent Laboratories — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-01-07","effective_on":null,"summary":"09-0288 response to American Council of Independent Laboratories concerning 173.4a, 173.4b.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0288.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0288.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0288","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090288.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nJAN -7 2010\n1200 New Jersey Avenue. SE\nWashington, DC 20590\nMr. Milton Bush\nEnvironmental Science Section\nAmerican Council of Independent Laboratories\n1050 17th Street, NW, Suite 1000\nWashington, DC 20036\nRef. No. 09-0288\nDear Mr. Bush:\nThis responds to your November 30, 2009 letter requesting clarification of the\napplicability ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nthe transportation of environmental samples. Specifically, you request confirmation that\nrecent changes made to the HMR do not affect previous guidance provided in letters of\ninterpretati on.\nIn your letter, you refer to changes made to the small quantity exceptions in § 173.4 and\nadoption of new exceptions for excepted quantities in § 173.4a and de minimus\nquantities in § 173.4b and request confirmation that the clarification provided in our\nletters Ref. No. 98-0111 (June 25, 1998); Ref. No. 02-0093 (February 13,2003); and\nRef. No. 08-0222 (October 3, 2008) remain valid. Specifically, you ask for confirmation\nthat environmental samples are not subject to the package testing requirenient for\nexcepted quantities found in § 173.4a.\nThe letters of interpretation remain valid. Changes made to § 173.4 and the adoption of\nnew §§ 173.4a and 173.4b under final rule HM-215J/224D (74 FR 2200, January 14,\n2009) do not affect these letters except that changes made to § 173.4 now limit\ntransportation ofhazardous materials under the conditions of that section to domestic\nhighway and rail transport. The letters you reference provide clarification of the\napplicability of the HMR to the classification of environmental samples as hazardous\nmaterials. If an environmental sample does not meet the definition of a hazardous\nmaterial (see § 171.8), then the material is not subject to the HMR including the\nprovisions in §§ 173.4, 173.4a, or 173.4b. If an environmental sample meets the\ndefinition of a hazardous material and is intended to be transported by air, then shippers\n\n<<<PAGE 2>>>\n\nthat elect to transport the material in conformance with the conditions § 173.4a must\ncomply with the package testing requirements in § 173.4a, paragraph (t).\nI hope this information is helpful. If you have further questions, please contact this\nOffice.\nSince.r.~IY'~. ./' ..\nilt~ .'. /\nCharles E. Betts\nChief, Standards Development\nOffice ofHazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEnhancing Public Health and Safety Through Quality Testing and Engineering .\nACIL\nNovember 30, 2009\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Material s Standards\nU.S. DOTIPHMSA (PHH-I 0)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nSubject: Recent Changes to 49 CFR Part 173.4 Relative to Prior Clarifications.\nDear Mr. Mazzullo:\nThe American Council ofIndependent Laboratories (ACIL) is the trade association representing\nindependent, commercial scientific and engineering firms. ACIL's members are professional services\nfirms engaged in testing, product certification, consulting, and research and development and represent\n85% of the commercial environmental testing capacity in the United States.\nOur members are very concerned about the language of the above referenced final rule, published on\nJanuary 14, 2009, specifying changes to 49 CFR Part 173.4 that resulted in the addition of sections 4a and\n4b. Specifically, we are seeking confirmation that the following clarifications continue to apply to the\nshipment of preserved environmental samples.\nClarification Reference No. 08-0222 From URS Corporation. (This is a re-c1arification ofan original\ninterpretation, reference number 02-0093, which was published February 13,2003.)\nClarification Reference No. 02-0093 - From the EPA (regarding preservatives for environmental\nsamples)\nClarification Reference No. 98-0111 From the Department of Environmental Quality in Lansing, MI\n(refers to the use of methanol to preserve soil samples)\n[fthese clarifications remain in effect and preserved samples are not subject to the HMR, our members\nwould like re-confirmation that environmental laboratories shipping sample containers and samples are\nexempt from performing the package test described in 173.4a(f). We further request that you provide\nguidance regarding the air transport of preserved environmental samples for environmental analysis if the\nclarifications no longer apply.\nThank you in advance for your assistance. If you need any additional information or have any questions\nregarding this request, please contact me.\nKindest regards,\nMilton Bush\nCEO, American Council oflndependent Laboratories (ACIL)\nEnvironmental Sciences Section\nAMERICAN COUNCIL OF INDEPENDENT LABORATORIES\n1050 17th Street, NW· Suite 1000' Washington, DC 20036· TEL 202.887.5872· FAX 202.887.0021 • www.acil.org • info@acil.org","truncated":false,"body_characters":4885}