{"operation":"document","citation":"16-0117","title":"Pioneer Tank Lines, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-21","effective_on":null,"summary":"16-0117 response to Pioneer Tank Lines, Inc. concerning 173.12, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160117.pdf","body":"<<<PAGE 1>>>\n\nPioneer Tank Lines, Inc.\n12501 Hudson Road South\nAfton, MN 55001\nReference No. 16-0117\nDear Mr. Nielsen:\nThis letter is in response to your July 5, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to segregation requirements.\nSpecifically, you seek clarification regarding the segregation requirement for lab packs\ncontaining hazardous waste materials under §§ 173.12(e) and 177.848.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask for confirmation of your understanding that the requirements for lab packs in\n§ 173.12(e) are contradictory as they relate to the segregation requirements in\n§ 177.848(d) for those materials designated with an \"O\" in the Segregation Table.\nA1. Your understanding is incorrect. According to § 173.12(e), a hazardous waste material\nthat is not blocked and braced during transportation would be subject to the segregation\nrequirements in § 177.848(d). Overpack of this material is not specifically required. If\nyou choose to package this material in such a manner, you will have to comply with the\noverpack requirements in § 173.25, in addition to the package handling requirements of\n§ 173.12(e). Further, the conditions and limitations of § 173.12(e) do not provide an\nallowance for consolidation on a single pallet. The requirements expressly state that the\nmaterials must be separated from incompatible materials by a minimum of four (4) feet.\nQ2.\nYou ask if lab packs containing sufficient quantities of chemically-compatible absorbent\nmaterial, in accordance with § 173.12(b)(2)(i), that are used to prevent commingling of\nliquid content will satisfy the segregation requirements in § 177.848(e)(3).\n\n<<<PAGE 2>>>\n\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. Mr. Nielsen spoke with Shelby.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Larry Nielsen [mailto:larryn@pioneertanklines.com]\nSent: Tuesday, July 05, 2016 3:16 PM\nSubject: Request for interpretation\nI am requesting interpretation of the regulations for segregation of hazardous materials\ncontained in lab packs subject to exceptions contained in 173.12. More specifically, 1 am\naddressing only those hazard classes or divisions restricted by the letter \"O\" in the Segregation\nTable in 177.848 as there are further restrictions and requirements for those materials\ndesignated by an \"X\" in the Table. I would like to address two different points regarding the\nsame question.\nPoint 1:\n173.12(e) reads in part: \"Waste materials packaged according paragraph (b) of this section and\ntransported in accordance with paragraph (e) of this section are not subject to the segregation\nrequirements in 177.848(d) if blocked and braced in such a manner that they are separated\nfrom incompatible materials by a minimum horizontal distance of 1.2 m(4 feet) and the\npackages are loaded at least 100mm (4 inches) off the floor of the freight container\". (Italics\nadded for clarity\nIt seems to me that these two parts of the same paragraph contradict each other. On one\nhand, the first part would allow for an exception to the segregation rules which would allow\nlab packs of classes or divisions designated by the letter \"O\" in the Table to be loaded together\non a single shrink wrapped pallet as an overpack. The second part (in italics) seems to suggest\neven greater restrictions, not only requiring separation by at least 4 feet, but including the\nnecessity of loading the lab packs at least 4 inches off the floor.\n\n<<<PAGE 4>>>\n\nfrom packages under conditions normally incident to transportation, commingling of\nhazardous materials would not occur\"\n•\nSince the container of liquid hazardous material in a lab pack must be surrounded by an\nabsorbent in a sufficient quantity to absorb the total liquid content, thus preventing the\ncommingling of such liquid content, does this satisfy the requirements of 177.848(e) (3) for\nsegregation?\nThank you,\nLarry Nielsen\nSafety and Compliance Manager\nPioneer Tank Lines, Inc.\n651-436-8296 Ext. 106\nlarryn@pioneertanklines.com","truncated":false,"body_characters":4175}