{"operation":"document","citation":"18-0011","title":"Currie Associates — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-06-29","effective_on":null,"summary":"18-0011 response to Currie Associates concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/58661/180011.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUN\n2 9 2018\nBarbara Konrad\nTechnical Consultant\nCurrie Associates\n10 Hunter Brook Lane\nQueensbury, NY 12804\nReference No. 18-0011\nDear Ms. Konrad:\nThis letter is in response to your January 19, 2018, letter and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to small quantities of hazardous materials. You state that your client ships machine\nparts that may still have hazardous materials residue. You describe your client's\ndecontamination and packaging procedures for the different machine parts, noting that while\ncertain parts may only have surface residue, others could contain up to 1 gram or 1 milliliter of\nhazardous materials. Specifically, you ask if machine parts shipped with potential hazardous\nmaterials residue on their surface and/or inside would fall under the requirements of the HMR.\nWhether these shipments fall under the purview of the HMR will depend on several factors,\nincluding the type of material and the nature of the relationship between the material and the\nparts being shipped. If the decontamination process eliminates all the hazardous materials on the\nsurface of the machine parts, or cleans the parts to a point where the material would no longer\nmeet the definition of a hazardous material, then those parts would no longer fall under the\nrequirements of the HMR. Machine parts containing hazardous material on the inside may be\nshipped under the De Minimis exception if the shipment meets the requirements in § 173.4b.\nFurther, it may be possible to ship these materials as dangerous goods in equipment, machinery,\nresidue in components of equipment or machinery may be considered integral if the residue is\nor apparatus provided the hazardous materials are integral to the equipment. Please note that\nnecessary to the function of the equipment, its removal would cause damage to the equipment, or\nit performs some other function necessary to the equipment such that it cannot be removed from\nthe equipment while it is in transportation.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nwolcaft\n1B45\nJanuary, Ikeya CTR (PHMSA)\nExceptions\nFrom:\nINFOCNTR (PHMSA)\n18-0011\nSent:\nFriday, January 19, 2018 4:57 PM\nTo:\nSubject:\nHazmat Interps\nand Spare Parts\nFW: Interpretation Request - Applicability of HMR to Return Shipment of Equipment\nAttachments:\nCurrieAssociatesLetterofinterpretation.pdf\nHello All,\nPlease see the below and attached request for interpretation.\nRegards,\n-Breanna\nFrom: Chris Yakush [mailto:Chris@currieassociates.com]\nSent: Friday, January 19, 2018 2:53 PM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nCc: Barbara Konrad <Barbara@currieassociates.com>; Tom Ferguson <Tom@currieassociates.com>\nSubject: Interpretation Request - Applicability of HMR to Return Shipment of Equipment and Spare Parts\nDear Shane and HMIC,\nAttached please find an interpretation request on behalf of our client, a large manufacturer of semiconductor\nmanufacturing equipment and spare parts. Specifically, we would like an interpretation on the applicability of the\nmaterials which may contain trace quantities (milliliters or milligrams) of hazardous materials contamination.\nHazardous Materials Regulations (HMR) to the return shipment of equipment and spare parts exposed to hazardous\nFeel free to contact us if you have any questions.\nChris\nBest regards,\nChristine Yakush\nCurrie Associates, Inc.\nVice President\n10 Hunter Brook Lane, Queensbury, NY 12804\nPhone: 518/761-0668 * Fax: 518/792-7781\nhttp://www.currieassociates.com\nOnline Training - www.dgcomplianceonline.com\nchris@currieassociates.com\nYour Compliance Solution to Hazardous Materials/Dangerous Goods Transportation Services & Support\nCONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED.\nThis information is intended to provide interpretative and authoritative information in regard to the subject matter covered\ndo not guarantee the accuracy or completeness of any such interpretation or information, however, nor do we warrant that\nas a service to our clients and has been answered to the best of our ability based on the information provided to us. We\ncompliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Our\nstatements or opinions do not convey legal interpretation and government authorities or legal counsel should be contacted\nfor such a response.\n1\n\n<<<PAGE 3>>>\n\nCurrie Associates, Inc.\nThe Global Compliance Professionals\nTraining - Auditing - Consulting\nJanuary 19, 2018\nUS Department of Transportation\nPHMSA Office of Hazardous Materials Standards\nATTN: PHH-10 East Building\nWashington, DC 20590-0001\n1200 New Jersey Avenue, SE\nVia email: Phmsa.hm-infocenter@dot.gov\nDear Hazardous Materials Information Center,\nCurrie Associates, Inc. is making this request for interpretation on behalf of our Client, a large\ninterpretation on the applicability of the Hazardous Materials Regulations (HMR) to the return shipment of\nmanufacturer of semiconductor manufacturing equipment and spare parts. Specifically, we would like an\nequipment and spare parts exposed to hazardous materials which may contain trace quantities (milliliters\nor milligrams) of hazardous materials contamination.\nMany of the parts meet the requirements of the de minimis exception in 49 CFR 173.4b and can be\nshipped in that manner. However, certain parts have been exposed to hazardous materials which are not\neligible for this exception because they are in packing group I or, for transportation by aircraft, are not\nauthorized on a passenger aircraft.\nThe equipment and spare parts in question vary in design and have been classified by our Client\nengineers into two broad categories:\n(1) Parts which include sealed ampoules or which include an internal reservoir or chamber into\ntrapped; These are identified by our client as \"high risk parts\".\nwhich up to 1 gram or 1 ml of hazardous material process chemical contamination may be\n(2) Parts which do not include any sealed ampoules or chambers and which are highly unlikely to\ncontain any hazardous material contamination. Examples of these types of products include\nElectrostatic Chucks and Manometers. These are identified by our client as \"low risk parts\".\nRegardless of the category of the Part, we believe that the decontamination procedures in place for the\nparts and the standard packaging used eliminate the presence of any appreciable quantity of hazardous\nthat these parts are not subject to the Hazardous Materials Regulations when prepared for shipment as\nmaterials and consequently any unreasonable risk in transportation. We therefore request confirmation\noutlined herein.\nDecontamination Procedure\nEquipment and spare parts are routinely maintained, repaired or replaced by Client Field Service\nind decontaminated using the following Standard Operating Procedure (SOP). It is our belief that thi\nngineers (FSEs). In the event a part must be replaced, the original part is removed from the equipmen\nprocedure ensures the removal of any appreciable quantity of hazardous materials residue or\ncontamination:\nCertified\nWBENC\nWomen's Business Enterprise.\n10 Hunter Brock Line Cumensbury, NY 12804• Phone (518) 761-0668 • Fax (51฿) 782-T781 « mail@@cumieassocialescom + www.curfeassociates.com\n\n<<<PAGE 4>>>\n\nProcedure for Low Risk Parts\n• Solid chemical residues are removed by brushing or scraping\n• All accessible surfaces of the parts are wiped with deionized water or solvent\n• Parts are dried with clean dry air or clean wipe\nAdditional Procedure for High Risk Parts\n• Wipe tests are conducted to determine level of residual contamination (ion, pH and HF)\n• All gas lines are purged with an inert gas as specified in the appropriate Product Service\n• All liquid bearing lines and tanks (especially acid or base) are flushed with deionized\nor Technical Manuals, but in no case for less than 30 pump and purge cycles.\nwater until neutral pH is verified; then the lines are emptied of remaining water.\n• All liquid bearing lines are capped.\nFollowing the decontamination procedure, the FSE checks for any visible or tangible signs of hazardous\nmaterial contamination and repeats the decontamination process if necessary until all visible or tangible\nsigns of hazardous material are absent.\nIn some cases, a customer will request a Failure Analysis of the part and it therefore cannot be\ndecontaminated as noted above and must be returned \"as is\".\npurge the part with inert gas, drain all free liquid from the part and cap any outlets before it is shipped.\n. In these situations, the FSE will simply\nThese parts are more likely to contain hazardous material residue. The exact quantity is impossible to\ndetermine but is generally regarded as being not more than a few milligrams or milliliters.\nPackaging Procedure\nthis packaging adequately protects the parts and meets the drop and compressive load standards in 49\nAll parts returned to the Client are packaged for shipment using three layers of containment. We believe\nmovement and are packed in:\nCFR 173.4b(a)(5). All parts are cushioned (which also acts as an absorbent), protected against\n1. A primary container which is sturdy, resistant to any chemical contamination that may be\npresent and which is capable of preventing any leakage of chemicals into the secondary\nor outer packaging.\n2. A secondary packaging which is typically a poly bag and\nAn outer packaging, typically a good quality strong fiberboard box or crate.\nHazard Communication\nEvery package containing a return part is accompanied by a Return Authorization (RAM) Tag which\nidentifies the part, all hazardous materials the part has been exposed to during its operation and a\nnotation regarding whether the part has been decontaminated or not. This RAM Tag is placed inside and\npackage of the possible trace quantities of hazardous materials that may be present. The Tag would\non the outside of the package to alert anyone coming into contact with the package or opening the\nalso serve to communicate important information to emergency response personnel in the event a\npackage is damaged in transportation.\nSpecific Request for Interpretation:\nWe believe that all of return parts our client offers for transportation, when prepared and packaged as\ndescribed herein, do not pose an unreasonable risk in transportation and therefore are not subject to the\nHMR. In support of this position we offer the following information:\nAs precedent, we refer you to Interpretation No. 04-0285 (attached) in which your Office agreed\nthat trace quantities of hazardous materials do not necessarily require an item to be classified as\na hazardous material for transportation when packaged in a way to protect the item and prevent\nexposure or release.\n\n<<<PAGE 5>>>\n\n• It is our opinion as the offeror of the part that the decontamination procedures outlined herein are\nmore than adequate to remove all but trace quantities of hazardous material contamination and\ntherefore that an unreasonable risk in transportation no longer exists for these parts.\n• Even if parts are not decontaminated it is unlikely that more than a few milligrams or milliliters of\nhazardous material residue would remain in the part when offered for transportation.\n• Parts that may contain the residue of a hazardous material not eligible for the de minimis\ncontain the residue of hazardous materials eligible for the exception.\nexception are no more likely to pose an unreasonable risk in transportation than those which\n• Because of the multi-layer packaging procedures and of the trace amounts of hazardous\nmaterials potentially present in the package, the potential for any unintentional release during an\nincident is very low.\n• In the event of package failure during transportation, the release of any detectable quantity of\n(milligrams or milliliters) in the parts could cause or contribute to a fire or pose any health risk.\nhazardous material is highly unlikely. It is also highly unlikely that the quantity of residue\n• We believe that offering these parts as hazardous materials could even be counterproductive to\nemergency responders. Marking, labeling and documenting these as hazardous materials on\nshipping papers could detract attention from emergency responders and carriers dealing with\nlammable fuel residue or other hazardous materials in amounts that could spill or be\npackages containing aircraft components, automotive parts and machinery that contain highly\nunintentionally released in transportation.\nPlease feel free to contact us if there are any questions regarding this request. We would be happy to\nprovide any additional relevant information you may need in order to reach your decision.\nSincerely,\nBachelorial\nTechnical Consultant\nBarbara Konrad","truncated":false,"body_characters":13117}