{"operation":"document","citation":"14-0239","title":"Sun Chemical Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-02-10","effective_on":null,"summary":"14-0239 response to Sun Chemical Corporation concerning 172.504, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0239.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0239.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0239","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140239.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMs. Amy Fischesser\nCorporate Hazardous Goods\nFEB 1 0 2015\nTransportation Manager\nSun Chemical Corporation\n5020 Spring Grove Avenue\nCincinnati, OH 45232\nReference No. 14-0239\nDear Ms. Fischesser:\nThis is in response to your December 3, 2014 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the highway\nshipment of non-bulk drums containing only the residue of a hazardous material.\nIn your letter you describe a scenario where your local driver delivers full non-bulk drums\ncontaining \"UN1210, Printing ink\" to your customer. The same driver would then collect\n\"empty\" drums containing between 5-30 Ibs of unused printing ink from the customer and\nbe placed in an empty drum trailer for eventual transport to a drum recycler. Your\nreturn them to the originating facility. Upon return to your facility the \"empty\" drums will\nquestions are paraphrased and answered as follows:\nQ1. Are empty drums that previously contained \"UN1210, Printing ink\" subject to the\nHMR even if they are excepted from a hazardous waste manifest because the\namount of residue remaining in each drum is less than 3 percent weight of the total\ncapacity of the drum in accordance with 40 CFR § 261.7?\nAl.\nThe answer is yes. Generally, in accordance with § 173.29, packagings containing\na residue of a hazardous material must be transported in the same manner as when\nthey previously held a greater quantity of the material. Empty packages containing\na hazardous waste also meeting the definition of a hazardous material under the\nHMR, are fully subject to the HMR regardless of any exception from certain\nrequirements under 40 CFR.\n02.\nYou note that in accordance with § 173.29(c), a non-bulk packaging containing\nonly the residue of a hazardous material covered by Table 2 of §172.504 is\nexcepted from the shipping paper and placarding requirements when collected and\ntransported by a contract or private carrier for reconditioning, remanufacture or\nreuse. You ask if the \"empty\" drums to be returned to the originating facility in the\nabove scenario are eligible for the exception in § 173.29(c) as they are not being\ntransported directly to a reconditioner or remanufacturer.\n\n<<<PAGE 2>>>\n\nA2.\nA non-bulk packaging containing only the residue of a hazardous material covered\nby Table 2 of § 172.504 collected and transported by a contract or private carrier\nfor reconditioning, remanufacture or reuse is excepted from the shipping paper\nrequirements in Part 172, Subpart C. Therefore, if the shipment is made by a\nprivate or contract carrier, it is not subject to the shipping paper requirements\n(§ 173.29(c)(2)). In addition, a non-bulk packaging containing only the residue of a\nhazardous material covered by Table 2 of § 172.504 is not subject to the placarding\nrequirements in Part 172, Subpart F (§ 173.29(c)(1)). This placarding\ndetermination exception is not contingent on the transport being performed by a\ncontract or private carrier for reconditioning, remanufacture or reuse.\nThe \"empty\" packagings described in your scenario would be eligible for the shipping\npaper exception provided in § 173.29(c)(2) when transported by a contract or private\ncarrier from the customer's facility back to the intermediary facility where they will be\nstored temporarily for subsequent transport provided the empty packagings containing\nresidue are collected for purposes of reconditioning, remanufacture or reuse.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n'Wiener\n317324\nDecember 3, 2014\nEmpty Packages\n14-0239\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRE: Letter of Interpretation\n• Dear Office of Hazardous Materials Standards:\nSun Chemical Corporation requests a letter of interpretation regarding the provisions specified\nin Title 49 Code of Federal Regulations (CFR) § 173.29, Empty Packages.\nOur local driver makes a delivery of full drums of UN1210, Printing Ink to one of our customers.\nThat same local driver was bringing back to the originating plant site empty drums, which may\nhave anywhere from 5-8 Ibs. to 20-30 Ibs. of product left in them. Our local driver is refusing to\nbring back the drums containing product back to the originating plant site. After our plant site\nreceived the drums they would then put those drums on the empty drum trailer. When the\nempty drum trailer is full, then it goes to the recycler.\nThe customer's SH&E Manager told the driver \"That if 3% by weight of the total capacity of the\nless than 119 gallons container could remain in the drum. This return would not require\nhazardous waste paperwork. It just needs to be sealed and the original labels and placards left\non.\" It may be the SH&E Manager is misunderstanding 40 CFR § 261.7 Residues of hazardous\nshipping requirements may still be applicable during transport.\nwaste in empty containers. Even though the manifesting requirements may not apply, DOT\nMay understanding is that packagings containing a residue of hazardous material must be\ntransported in the same manner as when they previously held a greater quantity of the material.\nhazardous material covered by Table 2 of § 172.504 is excepted from shipping paper and\nHowever, in accordance with § 173.29(c), a non-bulk packaging containing only the residue of a\nplacarding requirements when collected and transported by a contract or private carrier for\nreconditioning, remanufacture, or reuse. I believe that since our local driver is bringing those\ndrums back to the originating location instead of taking them directly to a reconditioner,\nremanufacture, etc. that §173.29(c) does not apply. The amount left in the drums is questioning\nto me as well - especially the 20-30 Ibs.\nThank you very much for your time, it is greatly appreciated.\nKind Regards,\nAmy E. Fischesser\nCorporate Hazardous Goods\nTransportation Manager\nSun Chemical Corporation\n5020 Spring Grove Avenue\nCincinnati, OH 45232\nPH: 513.681.5950, Ext. 4492\nCell: 513.484.7657\n\n<<<PAGE 4>>>\n\nDodd, Alice (PHMSA)\nSent:\nFrom:\nCiccarone, Michael CTR (PHMSA)\nTo:\nTuesday, December 09, 2014 2:18 PM\nHazmat Interps\nSubject:\nFW: Letter of Interpretation Request\nAttachments:\nLetter to DOT regarding empty returns 2014 doc\nImportance:\nHigh\nShante/Alice,\nPlease submit this for a formal letter of interpretation. Ms. Fischesser spoke with Adam Lucas.\nThanks,\nMike\nSent: Tuesday, December 09, 2014 8:53 AM\nFrom: Fischesser, Amy [mailto:Amy. Fischesser@sunchemical.com]\nTo: PHMSA HM InfoCenter\nImportance: High\nSubject: Letter of Interpretation Request\nPlease see attached letter requesting letter of interpretation. Thank you.\nKind Regards,\nA. E. Fischesser\nCorp. Hazardous Goods Transportation Mgr.\nSun Chemical Corporation\n5020 Spring Grove Avenue\nCincinnati, OH 45232\nPH: 513.681.5950, Ext. 492\nFAX: 513.681.4797\nCELL: 513.484.7657\nEMAIL: amy.fischesser@sunchemical.com\nBy working together, we can stay in regulatory compliance.\nThis message may contain confidential, proprietary or legally privileged information and\nis\nintended only for the use of the addressee named above. No confidentiality or privilege\nthis\nwaived or lost by any\nerror in transmission. If you are not the intended recipient of\nmessage you are hereby notified that you must not use, disseminate, copy it in any\nor\nform\ntake any\naction in reliance on it.\n1","truncated":false,"body_characters":7703}