AECOM — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration DEC 1 1 2015 Andrew N. Romach Regulatory Compliance Manager AECOM 1600 Perimeter Park Drive Morrisville, NC 27560 Ref. No. 15-0168 Dear Mr. Romach: This responds to your August 10, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a bulk packaging as it relates to a solid material. In your email, you describe a non-specification packaging that can accommodate a maximum net mass greater than 400 kg (882 Ibs) and has a maximum capacity less than 450 L (119 gallons). You ask whether it meets the definition of bulk packaging or non-bulk packaging. In accordance with § 171.8, the definition of a bulk packaging is a packaging with a "maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid." Conversely, the definition of a non-bulk packaging is a packaging with a "maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid." Based on a strict reading of each of these definitions, your packaging would meet neither of these definitions; however, it is the opinion of this Office that the packaging you describe would be considered a bulk packaging. On October 1, 1992, PHMSA's predecessor agency, the Research and Special Programs Administration (RSPA) published a final rule in Docket No. HM-181 (57 FR 45446) to correct editorial errors and make minor regulatory changes to the December 21, 1990 and December 20, 1991 final rules under Docket No. HM-181. This final rule re-defined a "bulk packaging" from a packaging with a net mass greater than 400 kg or maximum capacity greater than 450 L, to a packaging with a net mass greater than 400 kg and a maximum capacity greater than 450 L. This revision created the possibility for a packaging to be unable to meet the definition of a bulk or non-bulk packaging. This was not our intention; therefore,#

Page 2it is our opinion that a "bulk packaging" means a packaging which has either a maximum net mass greater than 400 kg (882 pounds) or a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Dirk Derkinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3icarare 5110. 240(0 Dodd, Alice (PHMSA) Bulk Packaging 15-0/68 From: Sent: Geller, Shelby CTR (PHMSA) To: Monday, August 10, 2015 3:55 PM Subject: Hazmat Interps Attachments: FW: Request for written DOT interpretation DOT interpr def of bulk nonbulk 08102015.pdf Dear Shante and Alice, Attached is a request for a formal letter of interpretation. Thanks, Shelby From: Norris, Carolyn [mailto:carolyn.norris@aecom.com] Sent: Monday, August 10, 2015 1:44 PM To: PHMSA HM InfoCenter Cc: Romach, Andy Subject: Request for written DOT interpretation Dear Infocenter, I have attached a request for a written DOT interpretation. Please let me know if you have any questions. Thank you in advance for your assistance. Thanks, Senior Project Scientist/Project Manager, EHS Department Carolyn Norris, DGSA Carolyn.norris@aecom.com D 1-919-461-1238 F 1-919-461-1371 1600 Perimeter Park Drive, Suite 400, Morrisville, North Carolina 27560 www.aecom.com T 1-919-461-1100 F 1-919-461-1400#

Page 4AECOM August 10, 2015 Mr. Charles Betts, Division Director Standards and Rulemaking (PHH-10) U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 Dear Mr. Betts: I am writing to request a Department of Transportation (DOT) written interpretation concerning the correct assignment of "bulk packaging" or "non-bulk packaging" when shipping a medium hazard solid PII material. The following definitions are listed in 49 CFR 171.8: "bulk packaging" has: (2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; "non-bulk packaging" has: (2) A maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid; [Emphasis added.] Based on the above-listed definitions, a hazardous material would be required to meet both the net mass and maximum capacity criteria to qualify as either a bulk packaging or a non-bulk packaging. We would like to ship a medium hazard PII solid hazardous material, which has a net mass in excess of 882 pounds, yet the material is collected and contained in a receptacle that has a maximum capacity less than 450 liters. Based on the definitions listed above, this hazardous material meets neither the definition of "bulk packaging" nor "non-bulk packaging". We understand that non-bulk packaging rated to a UN specification must meet both the net mass and the maximum capacity criteria as set out in the non-bulk packaging UN specification section 49 CFR 178 Subpart L; for example: For a steel drum, the net mass and maximum capacity limits are listed in 49 CFR 178.505(a)(6) & (7). In our case, the net mass of this hazardous material is greater than 882 pounds; however, the capacity of the receptacle that it is contained in is less than 119 gallons. Both the net mass and the maximum capacity must be met to meet the definition of a non-bulk packaging. As this hazardous material does not meet the criteria for a non-bulk packaging, and does not meet the criteria for a bulk packaging either, we 1#

Page 5AECOM August 10, 2015 DOT/PHMSA Interpretation Request Page 2 of 2 in 49 CFR 173.240(c). would like to know if the hazardous material can be shipped following the bulk packaging requirements The receptacle in which we collect this material is a non-specification strong metal container, that meets the requirements of a sift-proof, closed bin in 49 CFR 173.240 and can accommodate the heavy weight of this material, which is about 1,200 pounds; however, the capacity of this packaging is less than 100 gallons. Could we consider our receptacle as a sift-proof, closed bulk bin as described in 49 CFR 173.240(c)? I appreciate your assistance with these questions. Sincerely, Andrew N. Romach AECOM Regulatory Compliance Manager 1600 Perimeter Park Drive Morrisville, NC 27560 AECOM Fax: 919.461.1371 Tel: 919.461.1220 andy.romach@aecom.com#