RMS Interests, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Washington, DC 20590 1200 New Jersey Avenue, SE Safety Administration MAR 2 4 2015 Ms. Robin Smith Principal Environmental Consultant RMS Interests, LLC 251 Hidden Creek Drive Dripping Springs, Texas 78620-4668 Reference No. 14-0205 Dear Ms. Smith: This is in response to your recent letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transporting pumps and other mechanical equipment contaminated with the residue of process chemicals, gases, and/or byproducts. You state some of these residues meet the definition of a hazardous material under the HMR. Specifically, you ask if hazardous material residue cannot be removed from the equipment (e.g., without the use of special tools or without possibly rendering the equipment unusable) can this residue be considered integral to the equipment when it is offered for transportation in commerce. The answer is yes. The HMR do not specifically define what is meant by hazardous material residue that is integral to equipment. It is the opinion of this Office that hazardous material residue in components of equipment or machinery may be considered integral if the residue is necessary to the function of the equipment, its removal would cause damage to the equipment, or it performs some other function necessary to the equipment such that it cannot be removed from the equipment while it is in transportation. Please note that the proper shipping names "Dangerous Goods in Machinery" and "Dangerous Goods in Apparatus" are appropriate shipping names for components of machinery or equipment that contain residual hazardous materials. Materials prepared for transportation using these proper shipping names must comply with the requirements specified in § 173.222. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Edmonsan $173.222 Dangerous Goods una Dodd, Alice (PHMSA) Machine or apparatas From: Ciccarone, Michael CTR (PHMSA) 14-0205 Sent: To: Hazmat Interps Friday, October 24, 2014 4:27 PM Subject: Attachments: FW: Request for Interpretation of "Integral Element" of Machinery or Apparatus Request for Interpretation - UN3363.pdf Shante/Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: Robin Smith [mailto:robin@rmsinterests.com] Sent: Friday, October 24, 2014 11:20 AM To: PHMSA HM InfoCenter Cc: robin@rmsinterests.com Subject: Request for Interpretation of "Integral Element" of Machinery or Apparatus Dear Mr. Foster, RMS Interests, LLC is submitting a request for interpretation on behalf of a client who is seeking to fully comply with the Department of Transportation's Hazardous Materials Regulations (HMR), 49 CFR § 171-180. This company does not have the in-house expertise to clean or repair pumps and other parts used to support its manufacturing processes, and therefore must offer these items for shipment to facilities which provide such services. This equipment contains residues of process chemicals, gases, and byproducts, some of which are regulated by DOT as hazardous materials. In addition, the pumps can weigh as much as 2,000 pounds each, so UN-approved packaging is not always available. Our client wishes to determine the best method to represent the hazards and offer these items for safe transportation. A search of the Pipeline and Hazardous Materials Safety Administration (PHMSA) letters of interpretation yielded numerous packages characterized as "Dangerous Goods in Machinery or Apparatus" based on hazardous materials which were required for the operation of the machine and therefore were clearly "integral elements" per special provision 136. Letter #08-0146, dated June 25, 2008, appears to broaden the application of this shipping description through the following statement: "Generally, items classified as Dangerous Goods in Apparatus (e.g., fuel pumps and injectors, engines, parts, etc.) contain the residue of a hazardous material." May residues which were not present prior to use, but exist now as process-related contaminants, be considered integral if they cannot be removed on-site without using special tools or possibly rendering the machine unusable? Our client plans to prepare the aforementioned pumps and parts for shipment as "Dangerous Goods in Machinery or Apparatus" , with the stipulation that they include the technical name of the primary hazardous material in the description and meet special provisions 136 and A105, as well as any other requirements associated with the primary hazardous material. If this interpretation is not acceptable, we would appreciate your guidance on how to proceed. RMS Interests, LLC looks forward to receiving your response as soon as possible so that our client may continue operating in full compliance with the agency's regulations. Please contact me at 512-619-3788 or Robin@RMSInterests.com if you have any questions or need further information about this request. Thank you for your assistance.#

Page 3Sincerely, Robin Smith Principal Environmental Consultant RMS Interests, LLC Robin Smith 512-619-3788 Robin@RMSInterests.com RMS Interests, ULC 2#

Page 4RMS Interesis, LIC October 20, 2014 T. Glenn Foster PHMSA Office of Hazardous Materials Standards U.S. Department of Transportation Attn: PHH-10 1200 New Jersey Avenue, SE. East Building Washington, DC 20590-0001 RE: Request for Interpretation of "Integral Element" of Machinery or Apparatus Dear Mr. Foster, with the Department of Transportation's Hazardous Materials Regulations (HMR), 49 CFR § 171-180. This RMS Interests, LLC is submitting a request for interpretation on behalf of a client who is seeking to fully comply company does not have the in-house expertise to clean or repair pumps and other parts used to support its services. This equipment contains resides of process chemicals, gases, and byproducts, some of which are manufacturing processes, and therefore must offer these items for shipment to facilities which provide such regulated by DOT as hazardous materials. In addition, the pumps can weigh as much as 2,000 pounds each, so hazards and offer these items for safe transportation. UN-approved packaging is not always available. Our client wishes to determine the best method to represent the A search of the Pipeline and Hazardous Materials Safety Administration (PHMSA) letiers of interpretation yielded numerous packages characterized as "Dangerous Goods in Machinery or Apparatus" based on hazardous special provision 136. Letter #08-0146, dated June 25, 2008, appears to broaden the application of this shipping materais which were required for the operation of the machine and therefore were clearly "integral elements" per fuel pumps and injectors, engines, parts, etc.) contain the residue of a hazardous material." May residues which description through the following statement: "Generally, items classified as Dangerous Goods in Apparatus (e.g., they cannot be removed on-site without using special tools or possibly rendering the machine unusable? were not present prior to use, but exist now as process-related contaminants, be considered integral if Our client plans to prepare the aforementioned pumps and parts for shipment as "Dangerous Goods in Machinery or Apparatus", description and meet special provisions 136 and A105, as well as any other requirements associated with the with the stipulation that they include the technical name of the primary hazardous material in the primary hazardous material. if this interpretation is not acceptable, we would appreciate your guidance on how to proceed. operating in full compliance with the agency's regulations. Please contact me at 512-619-3788 or RMS Interests, LLC looks forward to receiving your response as soon as possible so that our client may continue RobinORMSinterests. com if you have any questions or need further information about this request. Thank you for your assistance. Sincerely, Boven Tutt Robin Smith RMS Interests, LLC Principal Environmental Consultant#