{"operation":"document","citation":"10-0004","title":"BP West Coast Products LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-03-23","effective_on":null,"summary":"10-0004 response to BP West Coast Products LLC concerning 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100004.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMAR 23 2010\nAna Wauthion-Melgar\nBP West Coast Products LLC\nEnvironmental Department\nCampus One\n2350 E. 223rd\n• Street\nCarson, CA 90810\nRef. No. 10-0004\nDear Ms. Wauthion-Melgar:\nThis responds to your January 19,2010 request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you need a special permit\nto transport solid hazardous wastes in an intermodal bin with a custom made bladder bag/liner.\nAccording to your letter, you want to use custom made bladder bags as liners inside intermodal\nbins to contain the waste materials, \"RQ Hazardous Waste, solid, n.o.s., 9, NA3077, PG III\" for\nrailroad transport. The materials to be transported are classed as solids, but contain moisture that\nduring transportation could be released to the surface as a result of vibration during transport.\nThe answer is no. A special permit is not required. The packaging you describe conforms to the\npackaging requirements in § 173.240, which authorizes the use of sift-proof, closed bulk\npackaging, such as a closed or tarp-covered bulk bin or intermodal container. The addition of a\nbladder bag as a liner inside an intermodal container is permitted.\nI hope this answers your inquiry. If you need additional assistance, please contact this office on\n202-366-8553.\nCharles E. Betts\nChief, Standards Development\nofHazardous Materials Standards\n\n<<<PAGE 2>>>\n\nGuideance needed re: use ofbladder bags as supplemmental packaging - testing requirem... Page 10f2\n~q\n~.~~_ke_~~o~~, Carolyn (PHMSA) -----.-f~~I~8_S_f Pac.lc. Ct3e.r\nFrom: INFOCNTR (PHMSA) /0 ~OOOf\nSent: Tuesday, January 19, 2010 4:26 PM\nTo: Drakeford, Carolyn (PHMSA)\nCc: Lavalle, Diane (PHMSA); Supko, Ben (PHMSA)\nSubject: FW: Guideance needed re: use of bladder bags as supplemmental packaging - testing\nrequirements\nAttachments: 1723\n__001.pdf; 1726_001.pdf; 1722_001.pdf\nCarolyn,\nAttached is a request for a written interpretation of the regulations. I discussed the issue with Ana but she\ninsisted on having a written interpretation of the issue. Please let whomever get aSSigned the letter know they\ncan contact me or Ana directly with any questions.\nThanks,\nRob\nFrom: Special Permits (PHMSA)\nSent: Tuesday, January 19, 2010 1:30 PM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Guideance needed re: use of bladder bags as supplemmental packqging - testing requirements\nI hate to do this to you but Ana has a packaging question that is not really related to a special permit. She is\nconcerned that her solid material has the potential to become liquid during transportation.\nCan you help please?\nThx,\nDiane\nFrom: Melgar, Ana [mailto:Ana.Melgar@bp.com]\nSent: Tuesday, January 19, 2010 12:52 PM\nTo: Special Permits (PHMSA)\nSubject: Guideance needed re: use of bladder bags as supplemmental packaging - testing requirements\nMs. Dianne Labelle\nDepartment of Transportation\nOffice of Hazardous Materials Special Permits Units and Approvals\nMs. Labelle,\nPer our conversation on the phone today, I need to make a determination related to testing of\ninner packaging bags to transport RQ Haz Waste, solid, n.o.s. 9. NA3077 PG III.\nI am having a hard time reaching a determination on this issue due to the fact that the\nmaterials although classified as solids contain moisture that during transportation would have\nthe potential to release liquids to the surface of the load due to continuous vibration of the\ncontainers during transport. Due to the potential to release liquids to the surface of the loads,\nlooking at the regulations, I need to follow requirements for solids that have the potential to\nbecome liquids during transportation.\n1/1912010\n\n<<<PAGE 3>>>\n\nGuideance needed re: use of bladder bags as supplemmental packaging - testing requirem... Page 2 of2\nI am considering the use of custom made bladder bags that would be used as liners inside\nintermodal bins to contain the materials for railroad transport (see attached PACTEC spec\nsheet and Transpac bladder bag design brochure). Requirements for solids that have the\npotential to become liquids are listed in 49CFR173.24 and furthermore, 49 CFR 173 App B\ncomprises general testing requirements that I am unsure how to apply to the liners if these are\nto be considered inner packagings.\nThese liners would go inside of intermodal containers for an application similar in kind to the\none Transload of North America presented to request guidance from Mr. Delmer Billings in\n2007. In accordance to the letter from Mr. Billings, the materials I am referring to, would go\nout in sift proof, close bulk containers, such as close top intermodal bins.\nMy specific question is, can this package combination (intermodal bin + liner/bag) also be\nconsidered supplemental packaging; therefore be exempted from special permit? If these are\nnot to be considered supplemental packagings, how should I classify them to ensure that I am\nconforming to the requirements of 49CFR173.24?\nI have attached a copy of the Transload of North America determination letter and a copy of\nthe PACTEC bags specs and design that I need feedback for. Your assistance to obtain\nguidance on this matter will be highly appreciated; feel free to reach me at the number listed\nbellow.\nRegards,\nAna\n«1723_001.pdf» «1726_001.pdf» «1722_001.pdf»\nAna Wauthion-Melgar\nBP West Coast Products LLC\nEnvironmental Department\nCampus One\n2350 E. 223rd. Street\nCarson, CA 90810\nDirect (310) 847-5656\nFax: (310) 847-5780\n~ Pl.!ase consider the environment before printing\n1119/2010","truncated":false,"body_characters":5629}