{"operation":"document","citation":"10-0011","title":"Mr. Michael Coletta — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-03-15","effective_on":null,"summary":"10-0011 concerning 171.1, 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100011.pdf","body":"<<>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nMAR 1 5 2010\nMr. Michael Coletta\n444 Lakeview A venue\nRockville Centre, NY 11570\nRef. No. 10-0011\nDear Mr. Coletta:\nThis responds to your December 18, 2009 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may use a\nflexible intermediate bulk container (FIBC) to transport non-hazardous household municipal\nsolid waste (MSW).\nThe answer is yes. Non-hazardous MSW is not regulated as a hazardous material under the\nHMR; thus, the packaging requirements in the HMR do not apply to shipments of nonhazardous\nMSW. You may wish to check with your state or municipal authorities to ascertain\nif state or local requirements apply to such shipments.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office on\n202-366-8553.\n\n<<>>\n\nDecember 18, 2009\nMichael Coletta\n444 Lakeview Avenue\nRockville Centre, New York 11570\nOffice ofHazardous Materials Standards\n-§{7J.'\nPipeline and Hazardous Materials Safety Administration 2;;172.10 1\nEast Building, 1200 New Jersey Avenue, SE Attn: PHH-IO, U.S. Department ofTransportation\n-Aw1ico.b;','1\nWashington, DC 200590-0001 ID- Doll\nRE: Transportation of Municipal Solid Waste (MSW)\nNon-Hazardous Household.\nPackaged in a Flexible Intermediate Bulk Container (FIBC)\nI recently had a telephone conversation with a gentleman at your office who responded to\nmy inquiry I had made to the D.O.T. website. I explained to the gentleman that I wanted\nto propose and seek D.O.T. approval for the shipping by truck, rail and barge nonhazardous\nMSW in a FIBC. The FIBC was going to be designed to be leak proof, would\ncontain odor and would be permanently sealed on 5 comers and the 6th side which is the\ntop will be wire tied closed. The FIBC's would be newly manufactured for the proposed\nuse and would not be reused and would be disposed with the waste at the final legal\ndisposal site.\nThe gentleman I spoke to explained that MSW was presently considered non-hazardous\nand was not regulated by D.O.T., as long as it was handled properly and did not cause\nand environmental or safety concerns. I was. directed to \"interpretations\" on the D.O.T.\nweb site files which I could read and confirm, what was stated to me.\nThe proposed use ofthe FIBC for containment ofMSW will provide an acceptable\nalternative way of shipping from what is presently being used. The FIBC will provide a\ncontainer that will be leak proof, contain odor and prevent lose debris from causing a\npotential litter problem. The present method ofshipping MSW is by placing bales on a\ntrailer and covering the bales with a thin mesh tarp, which does not prevent the escape of\nodor and leaking fluids. The other alternative is the transportation ofMSW in a lose form\nin a large steel container and is cost prohibitive. The FIBC would allow the safe and\nenvironmentally friendly transportation ofMSW in FIBC's by Truck, Rail and Barge.\nI would like to request a letter of authorization allowing the proposed as described.\nYour cooperation would be most appreciated.\n--:g~e...\nMichael Cole'M'