{"operation":"document","citation":"13-0127","title":"Public Utilities Commission of Ohio Transportation Department — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-08-07","effective_on":null,"summary":"13-0127 response to Public Utilities Commission of Ohio Transportation Department concerning 172.205, 172.328, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0127.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0127.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0127","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130127.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Adminisfl'atlon\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Tom Forbes\nHazardous Materials Specialist\nPublic Utilities Commission of Ohio\nTransportation Department\n180 E Broad Street, 4th Floor\nColumbus, OH 43215\nRef. No. 13-0127\nDear Mr. Forbes:\nThis responds to your June 12, 2013 email seeking clarification of the shipping paper and\nplacarding requirements for waste hazardous materials under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, in your email you indicate that a\nmixture of bulk waste hazardous materials (1,270 gallons ofUN1263, RQ, Waste Paint Related\nMaterial, 3, PGII, and 150 gallons ofUN1992, RQ, Waste Flammable Liquid, Toxic, n.o.s., 3\n(6.1), PG II (Methanol/Acetnitrile)) is vacuum loaded in a single compartment DOT 412 cargo\ntank.\nYou indicate that during a roadside inspection of this single compartment DOT 412 cargo tank,\nit was noted that the truck was displaying flammable placards with ID Number UN 1263 on all\nfour sides. In addition the driver provided the inspector with six hazardous waste manifests for\nmaterial in the cargo tank. Five of the waste manifests identified the material as UN1263, with\na total of 1,270 gallons. The other manifest identified the material as UN1992 with a total of\n150 gallons. Your questions are paraphrased and answered below.\nQl. Is the UN1263 marking inside the flammable liquid placard the proper hazard\ncommunication for the mixture contained in the cargo tank?\nAI. No. Section 172.334(d) requires that a placard bearing an identification number\nmay not be used to meet the requirements of subpart F of part 172 unless it is the correct\nidentification number for all hazardous materials of the same class in the transport\nvehicle or freight container on which it is displayed. Since the cargo tank contained a\nnew material consisting of a mixture of two hazardous materials, waste paint related\nmaterial and waste flammable liquid, toxic, n.o.s., the identification number UN1263\ndisplayed on the cargo tank did not accurately communicate the new material in the tank\nand, consequently, did not comply with§ 172.334(d). If the cargo tank contained only\nthe UN1263, waste paint related material, then the UN1263 identification number\nmarking on the flammable hazard warning placard would be in compliance with the\n\n<<<PAGE 2>>>\n\nidentification marking requirements specific to cargo tanks in § 172.328, and the\nmarking on placards specifications in§ 172.332(c).\nQ2. Is it permissible to use the original waste manifests for the mixture of materials\nloaded into the cargo tank as the shipping paper, or is the shipping paper for the mixture\nrequired?\nA2. Yes. A shipping paper for the mixture is required. Section 172.205(a) specifies\nthat no person may transport a hazardous waste unless a hazardous waste manifest is\nprepared in accordance with 40 CFR 262.20 and is signed, carried and given as required\nof that person. Section 172.200(a) requires each person who offers a hazardous material\nfor transportation to describe the hazardous material on a shipping paper. Commingling\nand subsequent transportation of separately manifested hazardous wastes must be\nreflected on a shipping paper that accurately describes the hazardous material in its\nrevised state. By mixing the materials together, the driver has created a different\nmaterial, with potentially different hazard properties than the properties the materials\nexhibited separately. The hazard class is determined through analysis of the chemical\ncomposition and hazard properties ofthe combined material. Section 172.200(a) further\nrequires that the total quantity and type of packaging be indicated on the shipping paper\n(e.g., 1 cargo tank, 1,420 gallons vs. 5 IBCs 1,270 gallons and 3 drums 150 gallons).\nThe shipper is responsible for properly classifying, packaging, marking and labeling a\nhazardous material for transportation in commerce. In this instance, the driver has\nassumed functions of the shipper by mixing these materials. As such, as provided in\n§ 173.22, the driver is responsible for complying with all applicable shipper functions.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n202-366-8553.\nSincerely,\nfOr Robert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n0' Donne{/\n~ 172-· 10/\n5 l{fy J.Pv\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nWednesday, June 12, 2013 2:50PM\nDrakeford, Carolyn (PHMSA)\nFW: PHMSA Interpretation Request\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Forbes, Tom [mailto:Tom.Forbes@puc.state.oh.us]\nSent: Wednesday, June 12, 2013 9:39AM\nTo: PHMSA HM InfoCenter\nSubject: PHMSA Interpretation Request\nDear Sir or Madame:\nI am requesting a written interpretation/clarification on the Hazardous Materials Regulatory Requirements for the\nfollowing situation an Ohio Inspector encountered during a roadside inspection.\nA single compartment DOT 412 vacuum loaded Cargo Tank was stopped for inspection. The truck was displaying\nflammable placards with ID Number 1263 in the placard on all four sides. The driver provided the inspector six hazardous\nwaste manifests for materials he had picked up from other packages at several stops and vacuum loaded on this cargo\ntank. Five of the Waste Manifests identified the material as UN1263, RQ, Waste Paint Related Material, 3,PGII (No name\nor code listed for hazardous substance as required), 1 TT with a total of 1270 gallons the other manifests identified the\nmaterial as UN1992, RQ, Waste Flammable liquid, Toxic, NOS, 3(6.1), PGII (Methanol/Acetonitrile), 1 TT, 150 Gallons.\nI have two basic questions.\n1. Is the cargo tank properly marked and placarded while displaying the flammable placards with 1263 ID number inside\nthe placard? IF not how should have it been placarded/marked?\n2. Is it permissible to use the original waste manifests for the material loaded as the shipping paper or is a shipping paper\nfor the mixture required?\nThanks you for your assistance on this matter.\nTom Forbes\nPublic Utilities Commission of Ohio\nTransportation Department\n180 E Broad Street, 4th Floor\nColumbus, Ohio 43215\nHazardous Materials Specialist\n(614) 644-0296\nPUCO.ohio.gov\nllc\n1","truncated":false,"body_characters":6413}