{"operation":"document","citation":"18-0081","title":"Florida Power & Light Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-09-20","effective_on":null,"summary":"18-0081 response to Florida Power & Light Company concerning 171.8, 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69241/180081.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSEP 2 0 2018\nFrank Nesbihal\nPrincipal Environmental Engineer\nFlorida Power & Light Company\n700 Universe Boulevard JES/JB\nJuno Beach, FL 33408\nReference No. 18-0081\nDear Mr. Nesbihal:\nThis letter is in response to your May 25, 2018, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the shipment of PCB waste. Specifically, you provide the following scenario:\n• Florida Power & Light Company ships PCB waste for disposal.\n• The shipper of PCB waste must prepare a U.S. Environmental Protection Agency (EPA)\nForm 22 (uniform hazardous waste manifest) in accordance with 40 CFR 761.207, but\nnot in accordance with 40 CFR Part 262.\n• The shipment of PCB waste is shipped in quantities of less than 1 pound per package.\nWe have paraphrased and answered your questions as follows :\nQ 1. You ask if the shipment of PCB waste in your scenario meets the HMR definition of a\nhazardous waste.\nAl. The answer is no. In accordance with§ 171.8, a hazardous waste is defined as a material\nthat is subject to the Hazardous Waste Manifest Requirements of the EPA specified in\n40 CFR Part 262. As indicated in your request, the PCB waste is not subject to 40 CFR\nPart 262 and, therefore, does not meet the definition of a hazardous waste.\nQ2. You ask if the shipment of PCB waste in your scenario meets the definition of a\nhazardous substance.\nA2. The answer is no. In accordance with§ 171.8, a hazardous substance is a material,\nincluding mixtures and solutions, that ( 1) is listed in Appendix A to § 172.101; (2) is in a\nquantity, in one package, which equals or exceed the reportable quantity (RQ) listed in\nthe Appendix A to§ 172.101 ; and (3) when in a mixture or solution, is in a concentration\nby weight which equals or exceeds the concentration corresponding to the RQ of the\nmaterial, as shown in the table in§ 171.8. Appendix A to § 172.101 lists the RQ for PCB\nas 1 pound. As mentioned in your scenario, the PCB waste is shipped in a quantity of\nless than 1 pound per package; therefore, the PCB waste does not meet the definition of a\nhazardous substance.\n\n<<>>\n\nQ3. A3 : You ask if the shipment of PCB waste in your scenario is subject to the HMR, including\ntraining requirements of Part 172, Subpart H.\nThe answer is no, unless the shipment meets the definition of a marine pollutant\n(see§ 171.8). Special provision 140, which is associated with \"UN2315, Polychlorinated\nbiphenyls, liquid, 9, II\" and \"UN3432, Polychlorinated biphenyls, solid, 9, II,\" indicates\nthat the material is only regulated when shipped as a hazardous substance or marine\npollutant (see A2). Therefore, unless the material meets the definition of a marine\npollutant, or any other hazard class or division, the shipment is not subject to the HMR,\nincluding the training requirements of Part 172, Subpart H.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n'nde\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<>>\n\nJanuary, Ikeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nFriday, May 25, 2018 4:49 PM\nHazmat Interps\nSubject: FW: PCB Transportation Question\nHi lkeya,\nBelow is a request for a letter of interpretation. Mr. Nesbihal spoke with Andrew regarding his request. Please let me\nknow if you have any questions.\nThanks,\nJodi\nFrom: Nesbihal, Frank J [mailto:Frank.J.Nesbihal@fpl.com]\nSent: Friday, May 25, 201812:18 PM\nTo: INFOCNTR (PHMSA) \nCc: Street, Barry ; Dann, William ; Jones, Mark\n; Cevallos, Porfirio \nSubject: PCB Transportation Question\nTo Whom It May Concern:\nI am kindly requesting a written interpretation regarding our understanding of the transportation of PCB wastes under\nthe HMR. Florida Power & Light Company (FPL) occasionally is involved with the shipment of PCB wastes for disposal. In\naccordance with 40 CFR 761.207, certain PCB wastes (i.e., TSCA wastes) must be shipped using a uniform hazardous\nwaste manifests. As defined in the HMR at 49 CFR 171.8, a \"hazardous waste\" is any material that is subject to the\nhazardous waste manifest requirements of the EPA as specified in 40 CFR 262. The scope of Part 262 is stated in 262.10\nas applying only to hazardous wastes as defined in 40 CFR 261.3 (i.e., RCRA hazardous wastes). Therefore, by DOT\nreferencing Part 262 they are only applying to shipments of RCRA hazardous wastes.\nIt is our understanding that PCB wastes are not regulated in Part 262 and are therefore not considered to be RCRA\nhazardous wastes. With that, when transporting PCB wastes, they are regulated in accordance with Special Provision\n140 in the HMRonly if a reportable quantity (RQ) is in a package (i.e., 1 lbs. or more of PCB's). Although 40 CFR 761.207\ndoes require that certain PCB wastes be shipped using a uniform hazardous waste manifest, this requirement does not\ntrigger any DOT requirements, including training under 49 CFR 172 Subpart H, unless the PCB wastes have a RQ amount\n(i.e., 1 lbs. or more of PCB's) in a package.\nPlease let me know if our interpretation is correct. Your expeditious response would be greatly appreciated. If you\nrequire any further information, please feel free to contact me at frank.nesbihal@fpl.com.\nRespectfully,\nFrank Nesbihal\nPrincipal Environmental Engineer\nFlorida Power & Light Company\n700 Universe Blvd JES/JB\nJuno Beach, FL 33408\n1","truncated":false,"body_characters":5647}