Pioneer Tank Lines, Inc. — Hazardous Materials Safety Interpretation

Page 1Pioneer Tank Lines, Inc. 12501 Hudson Road South Afton, MN 55001 Reference No. 16-0117 Dear Mr. Nielsen: This letter is in response to your July 5, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to segregation requirements. Specifically, you seek clarification regarding the segregation requirement for lab packs containing hazardous waste materials under §§ 173.12(e) and 177.848. We have paraphrased and answered your questions as follows: Q1. You ask for confirmation of your understanding that the requirements for lab packs in § 173.12(e) are contradictory as they relate to the segregation requirements in § 177.848(d) for those materials designated with an "O" in the Segregation Table. A1. Your understanding is incorrect. According to § 173.12(e), a hazardous waste material that is not blocked and braced during transportation would be subject to the segregation requirements in § 177.848(d). Overpack of this material is not specifically required. If you choose to package this material in such a manner, you will have to comply with the overpack requirements in § 173.25, in addition to the package handling requirements of § 173.12(e). Further, the conditions and limitations of § 173.12(e) do not provide an allowance for consolidation on a single pallet. The requirements expressly state that the materials must be separated from incompatible materials by a minimum of four (4) feet. Q2. You ask if lab packs containing sufficient quantities of chemically-compatible absorbent material, in accordance with § 173.12(b)(2)(i), that are used to prevent commingling of liquid content will satisfy the segregation requirements in § 177.848(e)(3).#

Page 2Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Mr. Nielsen spoke with Shelby. Please let me know if you have any questions. Thanks, Jordan From: Larry Nielsen [mailto:larryn@pioneertanklines.com] Sent: Tuesday, July 05, 2016 3:16 PM Subject: Request for interpretation I am requesting interpretation of the regulations for segregation of hazardous materials contained in lab packs subject to exceptions contained in 173.12. More specifically, 1 am addressing only those hazard classes or divisions restricted by the letter "O" in the Segregation Table in 177.848 as there are further restrictions and requirements for those materials designated by an "X" in the Table. I would like to address two different points regarding the same question. Point 1: 173.12(e) reads in part: "Waste materials packaged according paragraph (b) of this section and transported in accordance with paragraph (e) of this section are not subject to the segregation requirements in 177.848(d) if blocked and braced in such a manner that they are separated from incompatible materials by a minimum horizontal distance of 1.2 m(4 feet) and the packages are loaded at least 100mm (4 inches) off the floor of the freight container". (Italics added for clarity It seems to me that these two parts of the same paragraph contradict each other. On one hand, the first part would allow for an exception to the segregation rules which would allow lab packs of classes or divisions designated by the letter "O" in the Table to be loaded together on a single shrink wrapped pallet as an overpack. The second part (in italics) seems to suggest even greater restrictions, not only requiring separation by at least 4 feet, but including the necessity of loading the lab packs at least 4 inches off the floor.#

Page 4from packages under conditions normally incident to transportation, commingling of hazardous materials would not occur" • Since the container of liquid hazardous material in a lab pack must be surrounded by an absorbent in a sufficient quantity to absorb the total liquid content, thus preventing the commingling of such liquid content, does this satisfy the requirements of 177.848(e) (3) for segregation? Thank you, Larry Nielsen Safety and Compliance Manager Pioneer Tank Lines, Inc. 651-436-8296 Ext. 106 larryn@pioneertanklines.com#