{"operation":"document","citation":"17-0106","title":"3M Cottage Grove — 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":"17-0106 response to 3M Cottage Grove concerning 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0106.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0106.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0106","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56991/170106.pdf","body":"<<<PAGE 1>>>\n\nBuilding 145-2\nCottage Grove, MN 55016\nReference No. 17-0106\nDear Mr. Grantham:\nThis letter is in response to your September 26, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping\ndescription of a hazardous material. You provide the following scenario:\n• An isotainer is being sent to a facility for cleaning and reconditioning.\n• The isotainer contains the residue of a hazardous material that is also a hazardous waste.\n• The trucking company responsible for transport is requesting the hazardous waste\nmanifest accompany the shipping paper.\n• As a hazardous waste, the manifest includes the shipping description \"UN3161, Waste\nliquefied gas, flammable, n.o.s., (1-CHLOR-1, 1-DIFLUOROETHANE), 2.1, DOT-SP\n12074, RQ (D001).\"\nIt is your understanding that the isotainer would meet the requirements in 40 CFR 261.7, which\nexcept an empty container from 40 CFR Parts 261-267. As such, this material would no longer\nbe considered a hazardous waste under the HMR because the hazardous waste manifest\nrequirements of 40 CFR Part 262 would no longer apply. Based on the scenario provided, you\nask if a hazardous waste manifest is required and whether the appropriate shipping description\nfor the residue is \"UN3161, Liquefied gas, flammable, n.o.s., (1-CHLOR-1,\n1-DIFLUOROETHANE), 2.1, DOT-SP 12074.\" Additionally, you seek confirmation of your\nunderstanding that the term \"tank car\" refers only to a rail car as described in § 172.203.\nA material, by definition, is only subject to the HMR as a hazardous waste if it is subject to\n40 CFR Part 262 hazardous waste manifest requirements. The shipping description must not\ninclude terms that indicate it is a hazardous waste or hazardous substance unless applicable.\nFurthermore, you are correct in your understanding that the term \"tank car\" refers to a rail car.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n3-\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPlease submit this as a letter of interpretation. Mr. Grantham spoke with me in the Info Center. Let me know if you have\nany questions.\nThank you,\nEamonn\nFrom: Allen Grantham [mailto:agrantham@mmm.com]\nSent: Tuesday, September 26, 2017 8:32 AM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for interpretation\nAllen Grantham\n3M Cottage Grove\n10746 Innovation Road, Bldg 145-2\nCottage Grove, MN 55016-4600\nagrantham@mmm.com\n651-768-1680\nRequest for interpretation of 173.29\nDear Sir:\nWe have an isotainer that is to be sent for cleaning and reconditioning. The residue remaining in it is from a\nshipment of hazardous waste. Regulation 40CFR173.29(a) says it must be offered for transportation the same as\nwhen it held a greater quantity of the hazardous material. The trucking company believes that it must therefore\ne shipped as a hazardous waste. They are asking that the manifest used for the last shipment be included witk\nthe shipping papers, which will make the shipping description UN3161, Waste Liquefied gas, Flammable,\nN.O.S., (1-CHLOR-1,1-DIFLUOROETHANE) 2.1, DOT-SP12074 RQ (D001).\nAccording to 40CFR261.7 a RCRA empty container is not subject to 40CFR parts 261-268. That includes part\n261, which means the waste code D001 no longer applies, and the waste is not a reportable quantity. It also\nincludes part 262 which means a manifest is not required. If a manifest is not required, the word waste should\nnot be in the shipping description. Therefore, I believe the shipping description should be UN3161, Liquefied\ngas, Flammable, N.O.S., (1-CHLOR-1,1-DIFLUOROETHANE) 2.1, DOT-SP12074. I don't believe that a copy\nof the manifest used on the previous shipment is necessary. This would be consistent with 49CFR173.29(b)(3).\nCan you please tell me which of the shipping descriptions in the two paragraphs above is correct under the\ncircumstances?\n\n<<<PAGE 3>>>","truncated":false,"body_characters":3998}