{"operation":"document","citation":"17-0068","title":"Duke Energery Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-01-11","effective_on":null,"summary":"17-0068 response to Duke Energery Corporation concerning 172.504, 173.216.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0068.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0068.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0068","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56981/170068.pdf","body":"<<>>\n\n410 South Wilmington Street, NC15\nRaleigh, NC 27601\nReference No. 17-0068\nDear Mr. Denny:\nThis letter is in response to your June 21, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging and hazard\ncommunication requirements for asbestos. You indicate it is common practice to put friable\nasbestos in non-bulk, non-rigid bags and place them in containers. Specifically, with respect to\n§ 173.216, you ask whether the HMR require marking and labeling of these non-bulk, non-rigid\nbags or the solely the container (i.e., the outer packaging) into which the bags are placed.\nAccording to § 173.216(c)(2) and (3), non-rigid bags of asbestos must be packaged inside a rigid\nouter packaging, closed freight container, motor vehicle, or rail car. The hazard communication\nrequirements apply to the completed package. That is, the inner bags are not subject to hazard\ncommunication requirements, but the rigid outer packaging, closed freight container, motor\nvehicle, or rail car is, similar to how the inner packagings of a combination packaging are not\nsubject to hazard communication requirements.\nThe manner of hazardous communication is dependent on the completed package. For example,\nif the asbestos bags are placed inside a rigid 55-gallon steel drum, the hazard communication\nrequirements for a non-bulk package apply, whereas, if the bags are placed inside a closed\nfreight container, the hazard communication requirements for a bulk package would apply. In\neither case, the hazard communication applies to the completed package, not to the inner bags.\nWe also remind you that since friable asbestos is a Class 9 hazardous material, placards are not\nrequired on bulk packages for domestic transportation. However, a bulk package must be\nmarked with the appropriate identification number on a Class 9 placard, an orange panel, or a\nwhite square-on-point display configuration (see § 172.504(f)(9)).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPlease submit this as a letter of interpretation. Mr. Denny spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJodi\nFrom: Denny, Chuck [mailto:Chuck.Denny@duke-energy.com]\nSent: Wednesday, June 21, 2017 3:21 PM\nTo: PHMSA HM InfoCenter \nCc: Denny, Chuck \nSubject: Friable Asbestos Non-Bulk Non-Rigid Bag Packaging Interpretation Requested\nPHMSA,\nBased on initial conversation that I had with PHMSA regarding my requested clarifications, an interpretation is being\nrequested on how to manage non-bulk non-rigid bags filled with friable asbestos. Is the individual non-bulk non-rigid\nbag filled with friable asbestos to marked and labeled with DOT information or is the rigid outer packaging, closed\nfreight container, motor vehicle or rail car that the bags are placed to be marked and/or labeled with DOT information?\nThe clarifications being requested pertain to non-bulk non-rigid bags of friable asbestos and the containers that they are\nplaced. It is common practice to place friable asbestos into non-bulk non-rigid bags. It is also a common practice for\nthese non-bulk non-rigid bags with an RQ quantity of friable asbestos to be marked \"Asbestos, NA2212, RQ\" and to be\nlabeled with a Class 9 label due to these non-bulk non-rigid bags being considered as DOT non-bulk packages.\n• Requesting clarification on whether individual non-bulk non-rigid bags of friable asbestos are considered\napproved DOT non-bulk packages.\n• Requesting clarification on whether the individual non-bulk non-rigid bags of friable asbestos would or would\nnot be required to be marked and labeled as a DOT hazardous material.\n• Requesting clarification on whether only the package (non-bulk)/ packagings (bulk) that the friable asbestos\nnon-bulk non-rigid bags are placed would be required to be marked and labeled according to DOT regulations.\nBased on reading 49 CFR 173.216 (c)(2) and (3), the asbestos non-rigid bags are to be placed into:\n• closed freight containers,\n• motor vehicles,\n• rail cars,\n• rigid outer packagings or\n• closed freight containers.\nIf individual non-rigid non-bulk bags with friable asbestos are not approved DOT non-bulk packages, it would appear\nthat each closed freight containers, motor vehicles, rail cars, rigid outer packagings or closed freight containers would be\n\n<<>>\n\ntranspotted to the requirements of part 178 of this subchapter. Asbestos must be offered for transportation and\n(1) Rigid, leak-tight packagings, such as metal, plastic or fiber drums, portable tanks, hopper-type rail cars, or\nhopper-type motor vehicles;\n(2) Bags or other non-rigid packagings in closed freight containers, motor vehicles, or rail cars that are loaded by\nand for the exclusive use of the consignor and unloaded by the consignee;\n(3) Bags or other non-rigid packagings which are dust and sift proof must be placed in rigid outer packagings or\nclosed freight containers\nPackage = Packagings + Content\nThanks in advance for evaluating and responding to the requested clarifications.\nDUKE\nENERGY®\nThanks,\nCharles (Chuck) Denny, CHMM\nDuke Energy Corporation\nDOT Hazmat SME\nEnvironmental Services\nEnvironmental Programs\n410 S. Wilmington Street, NC15\nRaleigh, NC 27601\n919-546-6716 (Office)\n980-312-4232 (Cell)\n919-546-3669 (Fax)\n2","truncated":false,"body_characters":5514}