{"operation":"document","citation":"14-0100","title":"Gruene Environmental Companies — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-07-22","effective_on":null,"summary":"14-0100 response to Gruene Environmental Companies concerning 171.1, 171.22, 173.158, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140100.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nipeline and Hazardou\nlaterials Safet\nAdministration\nJUL 2 2 2014\nMr. Kitt Ferraz\nEnvironmental Compliance Engineer\nGruene Environmental Companies\nP.O. Box 142389\nAustin, TX 78714\nRef. No.: 14-0100\nDear Mr. Ferraz,\nThis is in response to your May 22, 2014 email requesting clarification on shipment of\nresidues under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You\nstate your company receives 70% Nitric Acid, UN 2031, in 1H1 plastic drums from overseas\nfor use in its operations. You state these shipments to you are prepared in accordance with\nthe requirements of the International Maritime Dangerous (IMDG) Code. Your questions are\nparaphrased and answered as follows:\nQ1.\nOnce the drums are emptied (to the best of your ability) of all useable material, you\nwould like to send the drums for recycling and reconditioning. You ask if you can send the\ndrums \"as is\", or if it is necessary to rinse the drums of all remaining residue prior to\ntransportation.\nA1. The requirements for empty packages in § 173.29 state that empty packages\ncontaining the residue of a hazardous material must be offered and transported in the same\nmanner as when they previously contained a greater quantity of the hazardous material unless\nthe packages are sufficiently cleaned of residue and purged of vapors to remove any potential\nhazard, or are refilled with a material that is not subject to the HMR to an extent that nullifies\nany hazard. However, as a 1H1 drum is not an authorized package for this material under the\nHMR, the 1H1 drums must comply with the requirements of § 173.29(b) and be offered as\nempty packagings. There are differences between the IMDG Code and HMR packaging\nauthorizations for Nitric acid other than red fuming, with at least 65 percent, but not more\nthan 70 percent nitric acid, UN 2031. While the IMDG Code authorizes the use of 1H1\nplastic drums with a non-removable head drum for a period not to exceed two years from the\ndate of manufacture of the drums, the HMR do not.\nAccording to § 171.1(c), transportation begins when a carrier takes physical possession of a\nhazardous material for the purposes of transporting it and continues until the hazardous\nmaterial is delivered to the destination indicated on a shipping paper, package marking, or\nother medium. The only portion of transportation allowed in accordance with the IMDG\nCode, as authorized in § 171.22(a), is the portion up until delivery to the destination indicated\n\n<<<PAGE 2>>>\n\non a shipping paper, package marking, or other medium. Under the scenario provided,\ntransportation of the drums in accordance with the IMDG Code ends upon delivery at the\ninitial destination. For subsequent transportation of your material the package must conform\nto the requirements of the HMR (unless destined for export via vessel and offered again in\naccordance with the IMDG Code).\nQ2. You state you sometimes receive 1H1 drums containing 70% Nitric Acid, UN 2031\nthat have never been opened, but that have been deemed to no longer meet specitications or\nhave passed its expiration date. You currently transfer the material to 1A1 drums authorized\nin § 173.158 and ship them as waste. You ask if your 1H1 drums would still fall under the\nIMDG Code regulations and could be shipped in their original container as they have never\nbeen opened.\nA2.\nSee Al. As 1H1 drums are not authorized packages for this material under the HMR,\nfurther transportation of this material not made in conjunction with transportation that\nauthorizes use of the IMDG Code must be done in accordance with HMR packaging\nrequirements provided in § 173.158.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nshe C. MY\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWebb\nDrakeford, Carolyn (PHMSA)\n3173.29\n$173.158\nFrom:\nSent:\nThursday, May 22, 2014 5:05 PM\nINFOCNTR (PHMSA)\nResidue\nINFOCNTR (PHMSA)\nDrakeford, Carolyn (PHMSA)\n11t-0100\nSubject:\nFW: request for interpretation\nImportance:\nHigh\nHi Carolyn,\nWe received the following request for a letter of interpretation. Please let us know if you have any questions.\nThanks.\n-Adam\nFrom: Kitt Ferraz [mailto:kferraz@grueneenviro.com]\nTo: PHMSA HM InfoCenter\nSent: Tuesday, May 20, 2014 4:42 PM\nSubject: re: request for interpretation\nImportance: High\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nUS DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE Building, 2'd Floor\nWashington, DC 20590\nDear Sir,\nOur company provides support services to a large semi-conductor manufacturing facility. They receive 70% Nitric Acid (UN2031) from\nthe International Maritime Dangerous Goods regulations as part of the movement is by vessel. Once the drums are emptied (to the\noverseas for use in their operations. The material is received in 55 gallon poly containers that are rated as 1H1 and are covered under\nfacility.\nbest of their ability), of all usable material we would like to then send these drums for recycling and reconditioning at an approved\nMay we send these drums \"as is\" or is it necessary to rinse these drums of all remaining residue prior to transport?\nAdditionally on occasion we receive some of these drums that have never been opened. The customer has determined that the\nmaterial is either past its expiry date or no longer meets specification. Again, this is 70% Nitric Acid (UN2031) in 1H1 containers that\nhave been shipped from overseas and meet all IMDG regulations. Current practice has been to transfer this material to 1A1\ncontainers and then ship as waste. This is done to meet the requirements of 173.158. However, since the containers are still intact\nand have never been opened would they still fall under the IMDG regulations and be shipped as waste in their original containers?\nYour assistance with this is sincerely appreciated.\nSincerely,\nKitt Ferraz\nEnvironmental Compliance Engineer\nGruene Environmental Companies\n1\n\n<<<PAGE 4>>>\n\nGruene Environmental Companies\nWorking Towards a Gruener Environment\nKitt Ferraz\nEnvironmental Compliance Engineer\nGruene Environmental Companies\nP.O. Box 142389\nAustin, Tx 78714\nOfc. 512-672-2954\nFax 888-863-5595\nCell (512) 496-5889\n2","truncated":false,"body_characters":6349}