{"operation":"document","citation":"14-0024","title":"Rinchem — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-06-23","effective_on":null,"summary":"14-0024 response to Rinchem concerning 171.8, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0024","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140024.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nMr. Matt Fernandez\nES&H Specialist\nJUN 2 3 2014\nRinchem\n6133 Edith NE Blvd\nAlbuquerque, NM 87107 .\nReference No. 14-0024\nDear Mr. Fernandez:\nThis is in response to your February 5, 2014 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of\n\"residue.\" In your letter, you describe a scenario in which a container is unloaded but not to\nthe maximum extent practicable. You state an example would be an unloading process that\nleaves the tank with ¼ of its capacity remaining. You ask if the material left in the container\ncould be considered a residue in this scenario. In addition, you ask if \"Residue last\ncontained\" is required on the shipping paper in this scenario. You also ask if a similar\nscenario involving an Intermediate Bulk Container (IBC) with an aggregate capacity of 1,000\ngallons must comply with the requirement to place \"Residue last contained\" on a shipping\npaper.\nThe answer is no as the contents of the packaging in your scenario were not unloaded to the\nmaximum extent practicable. As defined in § 171.8, a residue means the hazardous material\nremaining in a packaging, including a tank car, after its contents had been unloaded to the\nmaximum extent practicable and before the packaging is either refilled or cleaned of\nhazardous material and purged to remove any hazardous vapors. If the packagings you\ndescribe in your letter had been emptied to the maximum extent practicable, the hazardous\nmaterial would be considered a residue by definition. Section 172.203(e) states that the\ndescription on the shipping paper for a packaging containing the residue of a hazardous\nmaterial may include the words \"RESIDUE: Last Contained * * *\" immediately before or\nafter the basic shipping description on the shipping paper. However, it should be noted that\nwhile this section allows the statement \"RESIDUE: Last Contained * * *\" to appear on the\nshipping paper with a residue, it is not required.\nI hope this satisfies your request.\nSincerely,\nMatthew Nickel\nforT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAndrews\n8171.8\nDrakeford, Carolyn (PHMSA)\n$173.29\nSent:\nFrom:\nINFOCNTR (PHMSA)\n$172.101\nTo:\nNednesday, February 05, 2014 3:03 PN\nSubject:\nDrakeford, Carolyn (PHMSA)\nEmpty /Appicability\nFW: Formal request for letter of interpretation\n14-0024\nFrom: Matthew Fernandez [mailto:mfernandez@Rinchem.com]\nTo: INFOCNTR (PHMSA)\nSent: Wednesday, February 05, 2014 11:39 AM\nCc: Safety\nSubject: Formal request for letter of interpretation\nGood morning,\nI am looking for clarification on the D.O.T.'s definition of a residue. If the contents of a container have been unloaded, but\nnot to the maximum extent possible, is the remaining material considered a residue? An example would be a container\nholding ¼ of its capacity when shipping it back for refill. Also, when is \"Residue last contained\" required on shipping\npapers? Do unloaded IBC's containing with an aggregated capacity of 1,000 gallons or more fall into the requirements of\n\"Residue last contained?\" If the answers to the above questions are \"no\", I assume that we can transport these containers\nover the road as if they were full. Thanks for your help and clarification.\nRegards,\nMatt Fernandez\nES&H Specialist\nCell: (505)681-0876\nOffice: (505)998-4148","truncated":false,"body_characters":3520}