{"operation":"document","citation":"14-0205","title":"RMS Interests, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-24","effective_on":null,"summary":"14-0205 response to RMS Interests, LLC concerning 173.222.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0205.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0205.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0205","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140205.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nWashington, DC 20590\n1200 New Jersey Avenue, SE\nSafety Administration\nMAR 2 4 2015\nMs. Robin Smith\nPrincipal Environmental Consultant\nRMS Interests, LLC\n251 Hidden Creek Drive\nDripping Springs, Texas 78620-4668\nReference No. 14-0205\nDear Ms. Smith:\nThis is in response to your recent letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to transporting pumps and other\nmechanical equipment contaminated with the residue of process chemicals, gases, and/or\nbyproducts. You state some of these residues meet the definition of a hazardous material\nunder the HMR. Specifically, you ask if hazardous material residue cannot be removed\nfrom the equipment (e.g., without the use of special tools or without possibly rendering the\nequipment unusable) can this residue be considered integral to the equipment when it is\noffered for transportation in commerce.\nThe answer is yes. The HMR do not specifically define what is meant by hazardous\nmaterial residue that is integral to equipment. It is the opinion of this Office that hazardous\nmaterial residue in components of equipment or machinery may be considered integral if\nthe residue is necessary to the function of the equipment, its removal would cause damage\nto the equipment, or it performs some other function necessary to the equipment such that it\ncannot be removed from the equipment while it is in transportation. Please note that the\nproper shipping names \"Dangerous Goods in Machinery\" and \"Dangerous Goods in\nApparatus\" are appropriate shipping names for components of machinery or equipment that\ncontain residual hazardous materials. Materials prepared for transportation using these\nproper shipping names must comply with the requirements specified in § 173.222.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nEdmonsan\n$173.222\nDangerous Goods una\nDodd, Alice (PHMSA)\nMachine or apparatas\nFrom:\nCiccarone, Michael CTR (PHMSA)\n14-0205\nSent:\nTo:\nHazmat Interps\nFriday, October 24, 2014 4:27 PM\nSubject:\nAttachments:\nFW: Request for Interpretation of \"Integral Element\" of Machinery or Apparatus\nRequest for Interpretation - UN3363.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Robin Smith [mailto:robin@rmsinterests.com]\nSent: Friday, October 24, 2014 11:20 AM\nTo: PHMSA HM InfoCenter\nCc: robin@rmsinterests.com\nSubject: Request for Interpretation of \"Integral Element\" of Machinery or Apparatus\nDear Mr. Foster,\nRMS Interests, LLC is submitting a request for interpretation on behalf of a client who is seeking to fully comply with the\nDepartment of Transportation's Hazardous Materials Regulations (HMR), 49 CFR § 171-180. This company does not have\nthe in-house expertise to clean or repair pumps and other parts used to support its manufacturing processes, and\ntherefore must offer these items for shipment to facilities which provide such services. This equipment contains residues\nof process chemicals, gases, and byproducts, some of which are regulated by DOT as hazardous materials. In addition,\nthe pumps can weigh as much as 2,000 pounds each, so UN-approved packaging is not always available. Our client\nwishes to determine the best method to represent the hazards and offer these items for safe transportation.\nA search of the Pipeline and Hazardous Materials Safety Administration (PHMSA) letters of interpretation yielded\nnumerous packages characterized as \"Dangerous Goods in Machinery or Apparatus\" based on hazardous materials\nwhich were required for the operation of the machine and therefore were clearly \"integral elements\" per special\nprovision 136. Letter #08-0146, dated June 25, 2008, appears to broaden the application of this shipping description\nthrough the following statement: \"Generally, items classified as Dangerous Goods in Apparatus (e.g., fuel pumps and\ninjectors, engines, parts, etc.) contain the residue of a hazardous material.\" May residues which were not present prior\nto use, but exist now as process-related contaminants, be considered integral if they cannot be removed on-site\nwithout using special tools or possibly rendering the machine unusable?\nOur client plans to prepare the aforementioned pumps and parts for shipment as \"Dangerous Goods in Machinery or\nApparatus\"\n, with the stipulation that they include the technical name of the primary hazardous material in the\ndescription and meet special provisions 136 and A105, as well as any other requirements associated with the primary\nhazardous material. If this interpretation is not acceptable, we would appreciate your guidance on how to proceed.\nRMS Interests, LLC looks forward to receiving your response as soon as possible so that our client may continue\noperating in full compliance with the agency's regulations. Please contact me at 512-619-3788 or\nRobin@RMSInterests.com if you have any questions or need further information about this request. Thank you for your\nassistance.\n\n<<<PAGE 3>>>\n\nSincerely,\nRobin Smith\nPrincipal Environmental Consultant\nRMS Interests, LLC\nRobin Smith\n512-619-3788\nRobin@RMSInterests.com\nRMS Interests, ULC\n2\n\n<<<PAGE 4>>>\n\nRMS Interesis, LIC\nOctober 20, 2014\nT. Glenn Foster\nPHMSA Office of Hazardous Materials Standards\nU.S. Department of Transportation\nAttn: PHH-10\n1200 New Jersey Avenue, SE.\nEast Building\nWashington, DC 20590-0001\nRE: Request for Interpretation of \"Integral Element\" of Machinery or Apparatus\nDear Mr. Foster,\nwith the Department of Transportation's Hazardous Materials Regulations (HMR), 49 CFR § 171-180. This\nRMS Interests, LLC is submitting a request for interpretation on behalf of a client who is seeking to fully comply\ncompany does not have the in-house expertise to clean or repair pumps and other parts used to support its\nservices. This equipment contains resides of process chemicals, gases, and byproducts, some of which are\nmanufacturing processes, and therefore must offer these items for shipment to facilities which provide such\nregulated by DOT as hazardous materials. In addition, the pumps can weigh as much as 2,000 pounds each, so\nhazards and offer these items for safe transportation.\nUN-approved packaging is not always available. Our client wishes to determine the best method to represent the\nA search of the Pipeline and Hazardous Materials Safety Administration (PHMSA) letiers of interpretation yielded\nnumerous packages characterized as \"Dangerous Goods in Machinery or Apparatus\" based on hazardous\nspecial provision 136. Letter #08-0146, dated June 25, 2008, appears to broaden the application of this shipping\nmaterais which were required for the operation of the machine and therefore were clearly \"integral elements\" per\nfuel pumps and injectors, engines, parts, etc.) contain the residue of a hazardous material.\" May residues which\ndescription through the following statement: \"Generally, items classified as Dangerous Goods in Apparatus (e.g.,\nthey cannot be removed on-site without using special tools or possibly rendering the machine unusable?\nwere not present prior to use, but exist now as process-related contaminants, be considered integral if\nOur client plans to prepare the aforementioned pumps and parts for shipment as \"Dangerous Goods in Machinery\nor Apparatus\",\ndescription and meet special provisions 136 and A105, as well as any other requirements associated with the\nwith the stipulation that they include the technical name of the primary hazardous material in the\nprimary hazardous material. if this interpretation is not acceptable, we would appreciate your guidance on how to\nproceed.\noperating in full compliance with the agency's regulations. Please contact me at 512-619-3788 or\nRMS Interests, LLC looks forward to receiving your response as soon as possible so that our client may continue\nRobinORMSinterests. com if you have any questions or need further information about this request. Thank you for\nyour assistance.\nSincerely,\nBoven Tutt\nRobin Smith\nRMS Interests, LLC\nPrincipal Environmental Consultant","truncated":false,"body_characters":8184}