{"operation":"document","citation":"10-0233","title":"Veolia ES 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":"2011-02-17","effective_on":null,"summary":"10-0233 response to Veolia ES Technical Solutions, L.L.C concerning 173.12, 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0233.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0233.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0233","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100233.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nFEB 1 72011\nMs. Jennifer Eberle,\nVeolia ES Technical Solutions, L.L.C\n1 Eden Lane\nFlanders, NJ 07836\nReference No.: 10-0233\nDear Ms. Eberle:\nThis is in response to your email requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the transportation of Division 4.1 (self-reactive) and\nDivision 5.2 (organic peroxide) materials under the lab pack exception found in § 173.12.\nSpecifically, you ask whether the amendments of the HM-233A final rule, \"Hazardous Materials:\nIncorporation of Special Permits into Regulations\" published on May 14,2010 in the Federal\nRegister (74 FR 53413) authorize the transport of Division 4.1 and Division 5.2 materials, that\nare required to be temperature controlled, as lab packs under § 173.12(b) of the HMR.\nA hazardous material, such as Division 4.1 or Division 5.2, that is required to be temperature\ncontrolled may be offered for transportation in a lab pack packaging that complies with\n§ 173.12(b) provided this packaging also complies with the requirements for a temperature\ncontrolled packaging prescribed § 173.21(f). Under the HMR, any package that contains any\nmaterial likely to decompose with a self-accelerated decomposition temperature (SADT) of 50\n°C (122 OF) or less, or polymerize at a temperature of 54°C (130 OF) or less with an evolution of\ndangerous gas when decomposing or polymerizing must not be transported unless the material is\nstabilized or inhibited in a manner that precludes such decomposition (see§ 173.21(f),\nintroductory paragraph). Decomposition is achieved when a material meets or exceeds its\nspecific control temperature and can be prevented by transporting the material under controlled\ntemperature conditions prescribed in § 173.21(f)(1), (f)(2) or (f)(3), or by mixing the material\nwith an inert, non-combustible absorbent material, such as clean sand or non-acidic clay, in an\namount that temperature control of the material is no longer required.\nOn May 14, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npublished final rule HM-233A, which incorporated widely-used special permits into the HMR.\nAs part of this rule making, Special Permit DOT-SP 13192, which authorized the transport of\nwaste Division 5.2 materials in lab pack packagings, was incorporated into the HMR effective\nOctober 1, 2010. Division 4.1 materials were already permitted in lab packs under\n§ 173.12(b)(1). Section 173. 12(b) permits certain waste materials to be placed in nonspecification\npackagings that conform to the requirements in this paragraph. Hazardous\nmaterials placed in lab packs are also subject to additional safety control measures designed to\nmitigate the risks presented by these materials, such as quantity limitations, additional\npackaging, and segregation requirements. However, these control measures do not eliminate the\nrequirement that lab packs containing materials required to be temperature controlled must also\ncomply with § 173.21(f)(1).\n\n<<<PAGE 2>>>\n\nI hope this satisfies your inquiry.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nNovember 4, 2010\nu.s. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-lO\nEast Building\n1200 New Jersey Avenue S.E.\nWashington DC 20590-0001\nRE: Request for Interpretation Regarding the Management of Division 5.2 Organic Peroxide and Division\n4.1 Self-Reactive Materials as Lab Packs Under 173.12(b)\nTo Whom It May Concern:\nPlease accept this letter as a request for a formal interpretation from your office. On May 14, 2010,\nPHMSA issued a final rule entitled \"Hazardous Materials: Incorporation of Special Permits into\nRegulations\" (HM-233A) which amended the Hazardous Materials Regulations by incorporating provisions\ncontained in certain special permits. The effective date of the final rule was October 1, 2010.\nOne of the amendments adopted in HM-233A was to authorize the transportation of waste Division 4.1,\nPG I material and Division 5.2 organic peroxide material in lab packs under §173.12(b).\nVeolia requests clarification on whether these amendments authorize the management of\nDivision 4.1 (self-reactive) and Division 5.2 (organic peroxide) materials that are required to\nbe transported using temperature controls as lab packs under §173.12(b)?\nBased on Veolia's 25 years of experience managing shipments of waste hazardous materials, we do not\nbelieve managing these high-risk materials under the lab pack exception is appropriate and would in fact,\ndiminish the safety of shipments of waste materials requiring temperature controls. Authorizing the\nshipment of 5.2 and 4.1 materials for which temperature controls are required under §173.12(b) allows\nfor the packaging of multiple different types of temperature sensitive materials in the same outer (less\nstringent) packaging and the assignment of an overall single generic shipping name with relief from\nindicating the concentration range in the shipping description. Veolia submitted comments expressing\nour concern with allowing this activity during the HM-233A rulemaking process however although our\ncomments were received into the docket, they were never considered or adequately acknowledged by\nPHMSA.\nYour written response to this question is greatly appreciated. If you require any further information\nregarding this request please feel free to contact Tom Baker at tom.baker@veoliaes.com /973-691-7330\nor Jennifer Eberle at jennifer.eberle@veoliaes.com I 973-448-4209.\nThank you,\nJennifer Eberle\nManager, Transportation Compliance\nVeolia ES Technical Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\njennifer.eberle@veoliaes.com\n(973) 448-4209","truncated":false,"body_characters":5853}