VEOLIA NORTH AMERICA — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration SEP 1 0 2015 Ms. Jennifer Eberle Manager, Transportation Compliance Industrial Business VEOLIA NORTH AMERICA 1 Eden Lane Flanders, NJ 07836 Ref. No. 15-0103 Dear Ms. Eberle: This responds to your letter dated October 31, 2014 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of sift-proof, closed bulk bins. In your letter, you describe a shipment of "Hazardous waste, solid, n.o.s.," a Class 9, Packing Group III material, in a non-bulk quantity with an identification of "NA3077" in a device that exceeds the physical dimensions of a non-bulk packaging. Your questions are paraphrased and answered as follows: • Q1. Is it permissible to transport this material in the device without any further outside packaging as a sift-proof, closed bulk bin under the provisions of § 173.240(c)? Al. The answer is yes, provided the device is consistent with the provisions of the HMR for a non-Department of Transportation (DOT) specification, sift-proof, closed bulk bin. Under § 171.8, "siftproof packaging" is a "packaging impermeable to dry contents, including fine solid material produced during transportation." The HMR provides no definition for closed bulk bins, but it is the opinion of this Office that a "closed bulk bin" can be described as an "enclosed packaging that is tough, firm, and durable (i.e., strong), constructed so that its contents cannot pass through (i.e., completely enclosed), and which meets other applicable requirements of § 173.24." Please be aware that it is your responsibility to ensure that the packaging is "designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation" there will be no identifiable release of hazardous material per the requirements of § 173.24(b). A2. Is the device required to comply with the marking requirements for a non-bulk or a bulk packaging under Subpart D-Marking? Q2. The packaging is required to be marked in conformance with the marking requirements for a bulk packaging under § 172.302. As you have described the#

Page 2this shipment must comply with the marking requirements for bulk packagings per § amount. 172.302, regardless of whether the quantity of material transported is of a non-bulk I hope this answers your inquiry. If you need additional assistance, please contact this Office again: Sincerely Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Resto • 171.8.173.213,173.24 Goodall, Shante CTR (PHMSA) 173.240(c) From: Rivera, Jordan CTR (PHMSA) definitions Sent: Wednesday, May 27, 2015 3:45 PM 15-0103 To: azmat Interp Subject: N: Request for Written Interpretati Attachments: Authorized Bulk Packaging Substituted for Non-Bulk Packages - Interp Request (VES).pdf Shante/Alice, Please submit this for a formal letter of interpretation. It looks like it was never entered into the interps database. Thanks, Jordan From: Ciccarone, Michael CTR (PHMSA) To: Hazmat Interps Sent: Friday, October 31, 2014 2:29 PM Subject: FW: Request for Written Interpretation Shante/Alice, Please submit this for a formal letter of interpretation. Ms. Eberle spoke with Jordan Rivera in the HMIC. Thanks, Mike From: Eberle, Jennifer [mailto:jennifer.eberle@veolia.com] sent: Friday, October 31, 2014 1:53 PM To: PHMSA HM InfoCenter Subject: Request for Written Interpretation Jennifer Eberle Manager, Transportation Compliance Industrial Business VEOLIA NORTH AMERICA tel +1 973 691 7331 / cell#

Page 4+1 862 432 9778 1 Eden Lane, Flanders NJ 07836 jennifer.eberle@veolia.com www.veolianorthamerica.com#

Page 5• @VEOLIA October 31, 2014 USDOT Attn: PHH-10 PHMSA Office of Hazardous Materials Standards East Building Washington DC 20590-0001 1200 New Jersey Avenue S.E. RE: Request for Interpretation Regarding the Use of Sift-Proof Closed Bulk Bins for Packagings Meeting the Definition But Exceeding the Physical Dimensions of a Non-Bulk Packaging To Whom It May Concern: Please accept this letter as a request for a formal written interpretation from your office. Recently, Veolia against the use of a non-specification bulk packaging authorization when the capacity of the package is obtained guidance from a PHMSA Hazmat Regulatory Specialist who clarified that there is no restriction defined as non-bulk. following: Based on this recent guidance, Veolia is requesting a written interpretation from PHMSA to clarify the 1) Example: A device containing a Class 9 hazardous waste solid material meets the definition of non- bulk under §171.8 however, the outside dimensions of the device are too large to be packaged in any container meeting the general packaging requirements in §173.24, is it permissible to be shipped non-bulk packaging currently authorized under §173.213. Since the device itself is a sift-proof $173.240(c)? without any further outside packaging as a sift-proof closed bulk bin under the provisions of 2) If the answer to question 1 is "yes" is the device required to meet the marking requirements for a non-bulk or bulk packaging under Subpart D-Marking? this request please feel free to contact me at jennifer.eberle@veolia.com / 973-691-7331 or Tom Baker at Your written response to this request is greatly appreciated. If you require any further information regarding tom.baker@veolia.com / 973-691-7330. Thank you, Jexsefer Eberle Jennifer Eberle Industrial Business Manager, Transportation Compliance VEOLIA NORTH AMERICA 1 Eden Lane Veolia North America tel 973-691-7331 fax 973-691-3978 Flanders, NJ 07836 www.veolianorthamerica.com#