{"operation":"document","citation":"22-0115","title":"Service Transport Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-03-28","effective_on":null,"summary":"22-0115 response to Service Transport Group, Inc. concerning 172.102, 173.216.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0115.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0115.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0115","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/220115.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 28, 2023\nThomas Gaudet\nPresident\nService Transport Group, Inc.\n58 Pyles Lane\nNew Castle, DE 19720\nReference No. 22-0115\nDear Mr. Gaudet:\nThis letter is in response to your October 26, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements\nfor the transportation of regulated asbestos containing material (RACM).\nWe have paraphrased and answered your question as follows:\nQ1. You ask whether a common carrier (as opposed to a for-hire contract carrier) is\nauthorized to transport RACM classified as “NA2212, Asbestos, 9, PG III, RQ”.\nA1. The answer is yes. However, please note that bags and other non-rigid packagings for\nasbestos are only authorized when transported in motor vehicles that are loaded by—and\nfor the exclusive use of—the consignor and unloaded by the consignee. See\n§ 173.216(c)(2).\nFor your awareness, in accordance with § 172.102(c)(1) Special Provision 156, asbestos that is\nimmersed or fixed in a natural or artificial binder material—such as cement, plastic, asphalt,\nresins, or mineral ore, or contained in manufactured products—is not subject to the requirements\nof the HMR.\nYou ask eight (8) additional questions related to the brokerage and carriage of RACM. These\nquestions are beyond the scope of the HMR, and this Office cannot provide any information\nrelated to these questions.\nThe Federal Motor Carrier Safety Administration (FMCSA) is the lead federal government\nagency responsible for regulating and providing safety oversight of commercial motor vehicles.\nYou may wish to contact the FMCSA should you require clarification on requirements for\ncontractual relationships between freight carriers and brokers, and requirements applicable to\nspecific kinds of highway motor carriers.\n\n<<<PAGE 2>>>\n\nFurther, the Environmental Protection Agency (EPA) prescribes requirements for RACM subject\nto the Clean Air Act, the National Emissions Standards for Hazardous Air Pollutants, and the\nToxic Substances Control Act. You may wish to contact your local EPA regional office for\nclarification on the “chain of custody” requirements applicable to the brokerage of RACM.\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<<<PAGE 3>>>\n\nPatrick\n22-0115\nSERVICE TRANSPORT GROUP, INC.\n58PYLES LANE\nNEW CASTLE, DE 19720\nPHONE: (302) 778-5930\nFAX: (302) 778-0446\nOctober 25, 2022\nMr. William S. Schoonover\nAssociate Administrator for Hazardous Materials Safety\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nRe: Clarification of FMCSA Regulations\nDear Mr. Schoonover,\nService Transport Group, Inc. is a for-hire contract carrier engaged in the business of transporting\nregulated asbestos containing material (\"RACM\"). We ask that you please clarify the following\ninterpretations and questions pertaining to the transportation of RACM bearing the US DOT description:\nNA2212, Asbestos, 9, PG 111, RQ, and subject to HMR; 49CFR 171-180. We believe the law is clear that a\ngenerator/shipper of RACM retains ownership of, and responsibility for, shipped RACM until it reaches\nits final disposal site. This raises some compliance issues under federal motor carrier laws.\nGiven our belief that the authorities cited above make clear that a RACM generator/shipper retains\nownership and responsibility for the RACM until proper disposal, we ask you to consider the following\nquestions:\n1. Is a common carrier (as opposed to a for-hire contract carrier) authorized to transport RACM\nbearing the shipping description NA2212, Asbestos, 9, PG Ill, RQ, and subject to HMR; 49CFR\n171-180?\nCan a generator/shipper of RACM contract with a Broker to arrange for the transportation of\nRACM with a for-hire contract motor carrier in the business of carrying general freight and\nhousehold goods after receiver/consignee (landfill) unloads the RACM?\nCan a broker arrange for the transportation of RACM with a common carrier in the business of\ncarrying household goods?\nCan a broker arrange the transportation with a 2nd Broker, and that broker arrange for the\ntransportation of RACM, through a common carrier in the business of carrying household\n2. 3. 4. Frederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA\n\n<<<PAGE 4>>>\n\nPage2\n5. 6. 8. 9. goods? Would this be considered improper double brokering if the generator/shipper was\naware of the use of the 2nd broker?\nCan a for-hire contract carrier act as shipper and sub-contract a common carrier to transport the\nfor-hire carrier contracted load?\nCan a for-hire contract carrier accept a shipment of RACM from the shipper/generator and then\nuse the for-hire carrier's brokerage authority to broker the load to a common carrier and/or\nanother broker? Does the fact that the shipper/generator does or does not know of the use of a\n2nd broker change your answer?\n7. If a generator/shipper's designated receiver/consignee refuses the shipper's RACM, is the\nshipper required to make every effort to find another receiver/consignee of the RACM and\nreimburse carrier fair and reasonable costs for additional transportation, equipment demurrage\nand, to the extent necessary, unloading of their property as per 49 USC 14103{a)?\nIf a shipper refuses to pay or reimburse for-hired contract carrier and carrier is forced to unload\ngenerator/shipper's RACM outside the terms of any contract, is Shipper subject to 49 USC\n14103(b)?\nIf Shippers, Brokers, Contract, and Common Carriers continue to demonstrate a pattern of noncompliance\nof FMCSA Regulations, at which point are their actions subject to civil and criminal\npenalties under 49 USC Ch. 149?\nThe FMCSA's guidance is greatly appreciated and please let me know if you have any questions\nregarding the above.\n�0�\nrr�:�det\nPresident\nService Transport Group, Inc.\n58 Pyles Lane\nNew Castle, DE 19720\n302-601-6116 office / 267-962-9742 cell\ntajkn@msn.com email\nAttachments:\nUS DOT April 22, 1997 correspondence from Delmer F. Billings, Chief, Regulations Development, Office\nof Hazardous Materials Standards\nUS DOT November 3, 2005 correspondence from Ginny Ridenour, Office of Hazardous Materials\nStandards\nUS DOT January 6, 2006 correspondence from John A. Gale, Chief, Standards Development, Office of\nHazardous Materials Standards, Ref. No. 05-0286\nPA State Police October 28, 2005 correspondence from James Weakland, Hazardous Materials/Truck\nAccess, and Sgt. Mark P. Fulton, Staff Services Section Supervisor, Hazmat Brain Teaser\nFrederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA\n\n<<<PAGE 5>>>\n\nRETURN FAX NUMBER (202) 366-3012\nNUMBER OF PAGES (INCLUDING COVER) 3\nDATE 11/3/2005 TIME 11:42 AM\nADDRESSEE\nTom Gaudet\nFAX NUMBER\n3027780446\nINITIATOR\nGinny Ridenour\nPHONE\n215-668-2195\nPHONE\n1-800-467-4922\nMESSAGE -\nIt appause you have asked this\nquestion boture.?\nYOU ARE RECEIVING A TELEFAX FROM\nTHE HAZARDOUS MATERIALS INFORMATION CENTER\nOFFICE OF HAZARDOUS MATERIALS STANDARDS\nFOR INFORMATION ON HAZARDOUS MATERIALS TRANSPORTATION\nPLEASE VISIT OUR WEBSITE AT\nhttp://hazmat.dot.gov\n\n<<<PAGE 6>>>\n\nUS. Deparment\nof Transportation\n400 Sevenin Street, SW\nSpecial Programs\nResearch and\nWashington. D.C.\n20590\nAdministration\nAPR 22 1997\nMr. Thomas Gaudet\nP. O. Box 1023\nSummit Transport Group, Inc.\nMorrisville, PA 19067\nDear Mr. Gaudet:\nThis is in response to your letter regarding the requirements, including placarding, for\ntransporting asbestos in friable and non-friable form under the Hazardous Materials\nit has not caused any inconvenience.\nRegulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and hope\nAsbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial\nvalue. Friable asbestos is listed as a hazardous substance in \"Table 1 of Appendix A\" of the\nHazardous Materials Table in § 172.101, with a reportable quantity of one pound per package.\nThe packaging requirements for asbestos are found in § 173.216. Paragraph (b) of this section\nexcepts asbestos immersed or fixed in a natural or artificial binder (such as cement, plastic,\nresins or mineral ore) and manufactured products containing asbestos from the HMR.\nA Class 9 placard is not required on a vehicle in domestic transportation. A bulk packaging.\nsuch as a roll-off container or dump trailer, containing a Class 9 material, such as asbestos,\nmust be marked with the identification number displayed either on a Class 9 placard, an orange\npanel, or a white square-on-point configuration (See § 172.504(f)(9)). Although not required,\ncontainer or dump trailer).\nthere is no prohibition against marking or labeling the liner of a bulk packaging, (e.g., roll-off\nThe correct marking ón non-bulk packagings containing asbestos is \"Asbestos, NA2212,\" and\nfor non-commercial, friable asbestos that equals or exceeds its reportable quantity, the letters\n\"RQ\" must also be displayed (See §§ 172.301 and 172.324). The Class 9 label is required on\nnon-bulk packagings containing asbestos (See § 172.400(a)(1)).\n\n<<<PAGE 7>>>\n\nYour understanding of the size, 3-1/2\" X 3-1/2\", of a placard, such as the Class 9, is incorrect.\nA placard must be at least 273 mm (10.8 inches) on each side, and a label must be at least 100\nmm (3.9 inches) on each side. The label and placard specifications are found in §$ 172.407\nrespectively.\nand 172.519. The Class 9 label and placard must be as shown in §$ 172.446 and 172.560,\nI hope this information is helpful. If I can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n-\nAp 2072\n7.141\nTOTAL P.03\n\n<<<PAGE 8>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nJAN - 6 2006\nMr. Thomas Guadet\nService Transport Group Inc.\nRef. No. 05-0286\n58 Pyles Lane\nNew Castle, DE 19720\nDear Mr. Guadet:\nThis is in response to your November 17, 2005 letter requesting clarification of the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nshipments of asbestos contained in manufactured articles.\nAs provided in § 172.102, Special Provision 156, asbestos contained in manufactured\narticles, (for example, vinyl floor tiles or roofing papers), or immersed or fixed in a\nnatural or artificial binder material (for example, cement or asphalt) is not subject to the\nHMR. However, asbestos containing material that has been subject to abrading, sanding\nor cutting such that the asbestos is no longer contained in the manufactured article is\nsubject to the HMR.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nin .\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 9>>>\n\nSERVICE TRANSPORT GROUP, INC.\nNEW CASTLE, DE 19720\n58 PYLES LANE\nPHONE: (302) 778-5930\nSTG\nFAX: (302) 778-0446\nNESHAP AND U.S. DOT\nASBESTOS TRANSPORTATION RULES AND REGULATIONS\nNOVEMBER 22, 2005\nThe U.S. DOT Hazardous Materials Regulations (HMR) set forth in 49 CFR Parts 171 -\n180 apply to both Shippers and Transporters as explained in Section 171.1. In the\nAsbestos Abatement Industry, the asbestos abatement contractor is usually the\nauthorized agent for the waste generator pertaining to Shipper's Responsibility as\ndefined in 49 CFR Section 173.22 and therefore are subject to the U.S. DOT HMR. As\na guidance, we offer the following information for your review.\nDEFINITIONS\nThe EPA's position regarding Asbesios NESHAP's labeling and shipping\nrequirements applies to material that meets all of the following requirements:\n1. The material must contain more than one percent (1%) of asbestos.\n2.\nThe amount of the material must be at least 260 linear feet, 160 square\nfeet, or 35 cubic feet.\nThe material must meet the definition of regulated asbestos containing\nmaterials (RACM).\nThe Asbestos NESHAP defines RACM in 40 CFR 61.141 as friable asbestos material;\nCategory I non-friable asbestos containing material (ACM) that has become friable;\nCategory I non-friable asbestos material that will be or has been subject to abrading,\nsanding, grinding, cutting; or Category II non-friable ACM that has a high probability\nof becoming or has become crumbled, pulverized, or reduced to powder by the forces\nexpected to act on the material in the course of demolition or renovation operations\nregulated by this subpart. If the material fails to meet any one of the above\nrequirements, then the Asbestos NESHAP that includes the labeling and shipment\nrequirements do not apply.\nFrederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA\n\n<<<PAGE 10>>>\n\nSTG\nNESHAP AND U.S. DOT\nASBESTOS TRANSPORTATION RULES AND REGULATIONS\nNOVEMBER 22, 2005\nDEFINITIONS (continued)\nThe U.S. DOT HMR defines Asbestos in 49 CFR 172.101 Table 1 with the symbol ¢*\nand a Reportable Quantity (RQ) of 1 pound. In the footnote to this table, the symbol\n¿é states the RQ for asbestos is limited to friable forms only.\nThe U.S. DOT HMR further defines Asbestos in 49 CFR 173.216 as Asbestos, blue,\nbrown or white, includes each of the following hydrated mineral silicates: chrysolite,\ncrocidolite, amosite, anthophyllite asbestos, tremolite asbestos, actinolite asbestos, and\nevery product containing any of these materials.\nThe above U.S. DOT HMR definitions are the equivalent to NESHAP's Regulation 40\nCFR 61.141 definition of RACM.\nWASTE SHIPMENT RECORDS/SHIPPING PAPERS\nAs per NESHAP 40 CFR 61.150 (d)(1), all Asbestos-Containing Waste Material\n(including RACM) transported off the facility site must maintain waste shipment\nrecords using a form similar to that shown in Figure 4 Waste Shipment Record\n(WSR). Box number 8, Special handling instructions and additional information, is\nprovided to indicate special transportation, treatment, storage or disposal or Bill of\nLading information (i.e. proper US DOT Shipping Description). Box number 9,\nGenerator\nor Operator's Certification, certifies that the contents of this WSR\nconsignment are fully and accurately described above by proper shipping name and\nare classified, packed marked and labeled, and are in all respects in proper condition\nfor transport by highway according to applicable international and government\nregulations. The WSR must be filled out completely and accurately.\nAs per U.S. DOT HMR 49 CFR Parts 171-180, ACM subject to Asbestos NESHAP\nRegulations is subject to the HMR as a Class 9 material and is listed as a hazardous\nsubstance in Table 1 of Appendix A of the Hazardous Materials Table in Section\n172.101 with an RQ of 1 pound per package. The proper U.S. DOT shipping\ndescription for ACM subject to Asbestos NESHAP. Regulations located in the\nHazardous Materials Table in Section 172.101 is RQ Asbestos,9, NA 2212, PG III.\n2\n\n<<<PAGE 11>>>\n\nSTG\nNESHAP AND U.S. DOT\nASBESTOS TRANSPORTATION RULES AND REGULATIONS\nNOVEMBER 22, 2005\nWASTE SHIPMENT RECORDS/SHIPPING PAPERS (continued)\nAs per U.S. DOT HMR 49 CFR 177.817 (a)(b)(e) and (f), a person may not accept a\nhazardous material for transportation or transport a hazardous material by highway\nunless that person has received a shipping paper prepared in accordance with 49 CFR\n172 Subpart C: Shipping Papers and Subpart G: Emergency Response Information. A\nShippers Certification must meet the requirements in 49 CFR 172.204(a) and (d).\nPACKAGING/LABELING FOR WASTE CONTAINERS\nAs per OSHA Regulations 29 CFR 1910.1001(i)(4) (i) and (ii) Labeling\nSpecifications, DANGER, CONTAINS ASBESTOS FIBERS, AVOID CREATING\nDUST, CANCER AND LUNG DISEASE HAZARD warning labels shall be affixed\nto all raw materials, mixtures, scrap, waste, debris, and other products containing\nasbestos fibers, or to their containers. In addition, these labels should be printed in\nsuch a manner that they are visible and legible using a contrasting background.\nAs per NESHAP 40 CFR 61.150 (a)(v), for asbestos containing waste material to be\ntransported off the facility site, label containers or wrapped materials with the name of\nthe waste generator and the location at which the waste was generated.\nThe U.S. DOT packaging requirements for asbestos are found in 49 CFR 173.216,\n172.324, 172.301(a)(1) and 172.400(a)(1), and state that each person who offers a\nhazardous material for transportation in a non-bulk packaging (i.e. bags, drums) must\nmark the package with the proper shipping name and identification number specific\nfor the material in the 49 CFR 172.101 table (i.e. RQ Asbestos, 9, NA 2212, PG II).\nLABELING/MARKINGS/PLACARDS FOR TRANSPORT VEHICLES\nAs per 49 CFR 172.301(a)(3), a transport vehicle or freight container containing only\na single hazardous material in non-bulk packages must be marked, on each side and\neach end as specified in Section 172.332 or Section 172.336, with the identification\nnumber specified for the Hazardous Material Table in Section 172.101 (i.e. 2212).\nThe label and placard specifications are found in 172.407 and 172.519. The class 9\nlabel and placard must be shown as 172.446 and 172.560 respectively. Section\n172.606(a) and (b) or (c) also applies.\n3\n\n<<<PAGE 12>>>\n\nSTG\nNESHAP AND U.S. DOT\nASBESTOS TRANSPORTATION RULES AND REGULATIONS\nNOVEMBER 22, 2005\nBULK PACKAGING/HAZARDOUS MATERIALS REGISTRATION\nAs per 49 CFR 107.601 (a) (4), a Hazardous Materials Certificate of Registration is\nrequired for the transportation of RACM in bulk packaging (i.e. bladder bags, lined\nroll-off containers) having a capacity equal to or greater than 13,248 L (3,500 gallons)\nfor liquids or gases or more than 13.24 cubic meters (468 cubic feet / 17.34 cubic\nyards) for solids. Sections 172.504(a) and (f)9 and 172.331 require the transport\ncontainer or freight container to be marked as required by 172.332 on each side and\neach end with the identification number specified for the material in the 172.101 table.\nThe label and placard specifications are found in 172.407 and 172.519. The class 9\nlabel and placard must be as shown in 172.446 and 172.560, respectively.\nADDITIONAL REQUIREMENTS\nEmergency Response Information as per 49 CFR Section 172 Subpast G.\nTraining as per 49 CFR Section 172 Subpart H.\nSecurity Plans as per 49 CFR Section 172 Subpart I.\nIn addition to Federal Regulations, many state and local regulations apply. For\nexample, many state and local agencies require solid waste transportation permits with\nadditional vehicle labels and markings.\nEXCEPTIONS\nThe above US DOT HMR do not apply to asbestos that is immersed or fixed in a\nnatural or artificial binder material, such as cement, plastic, asphalt, resins or mineral\nore, or contained in manufactured products, as per 49 CFR 172.102 Special Provision\nNumber 156. This definition is the equivalent to NESHAP's 40 CFR 61.141 definition\nof Category I and Category II Non-friable ACM which does not meet the definition of\nRACM.\nThe above is for informational purposes only. If you have any questions regarding\nthis information, please call Tom Gaudet at 1-302-778-5930.\n4\n\n<<<PAGE 13>>>\n\nUNITED STATES ENVIRONMENTAL PROTECTION AGENCY\nREGION III\n1650 Arch Street\nPhiladelphia, Pennsylvania 19103-2029\nVia Fax\nMr. Tom Gaudet\nService Transport Group\nNOV 1 4 2005\n58 Pyles Lane\nNew Castle, DE 19720\nDear Mr. Gaudet:\nThis letter is in response to your request to clarify the labeling requirements as set forth in\nthe Asbestos NESHAP. In order to determine if the labeling requirements apply, you must\ndetermine if the material meets all of the following conditions:\n1. The material must contain more than one percent (1%) of asbestos.\n2. The amount of the material must be at least 260 linear feet, 160 square feet,\nor 35 cubic feet.\n3. The material must meet the definition of regulated asbestos containing\nmaterials (RACM). The Asbestos NESHAP defines RACM as friable asbestos\nmaterial; Category I nonfriable asbestos containing material (ACM) that has\nbecome friable; Category I nonfriable asbestos material that will be or has been\nsubject to abrading, sanding, grinding, cutting; or Category II nonfriable ACM\nthat has a high probability of becoming or has become crumbled, pulverized, or\nreduced to powder by the forces expected to act on the material in the course of\ndemolition or renovation operations regulated by this subpart.\nIf the material fails to meet one of the conditions, the Asbestos NESHAP's labeling requirement\ndoes not apply. If the material meets all of the above conditions, the Asbestos NESHAP labeling\nrequirement does apply.\nAccording to the Asbestos NESHAP, it requires the owners and operators of\nmanufacturing, febricating, demolition, renovation, and spraying operations to comply with\nlabeling requirements as set forth in 40 CFR 61,150. The labeling requirement states that the\ncontainers or wrapped materials must be labeled in accordance with the Occupational Safety and\nHealth Standards of the Department of Labor, Occupational Safety and Health Administrator\n(OSHA) under 29 CFR 1910.1001 (i) or 1926.1101 (k)(8). In addition, these labels should be\nprinted in a such manner that they are visible and legible using a contrasting background.\nTherefore, the label should contain the following information:\nPrinted on 100% recycled/recyclable paper with 100% pos-consumer fiber and process clarine frce.\nCustomer Service Hotline: 7-800-438-2474\n\n<<<PAGE 14>>>\n\nDANGER\nCONTAINS ASBESTOS FIBERS\nAVOD CREATING DUST\nCANCER AND LUNG DISEASE HAZARD\nfor all manufacturing, fabricating, demolition, renovation, and spraying operations as required by\nAsbestos NESHAP.\nEPA is aware that the Department of Transportation has labeling requirements. Please\nrefer to the Department of Transportation regarding their regulations, As always, EPA\nencourages the affected sources or regulated communities to comply with all applicable\nregulations regarding asbestos from other federal agencies. Please note that the information\ncontained in this letter addresses EPA's asbestos requirements, EPA's asbestos requirements do\nnot supersede any other federal agency, local, county, and state requirements. Therefore, EPA\nsuggests that you contact these agencies to ensure compliance with all applicable asbestos\nregulations. If you have any further questions, please contact me at (215) 814-2164.\nSincerely,\nChamber\nTia Chambers\nAsbestos Programs Coordinator\n\n<<<PAGE 15>>>\n\nUNITED STATES ENVIRONMENTAL PROTECTION AGENCY\nREGION III\n1650 Arch Street\nPhiladelphia, Pennsylvania 19103-2029\nVia Fax\nMr. Tom Gaudet\nService Transport Group\nNOV 2 3 2005\n58 Pyles Lane\nNew Castle, DE 19720\nDear Mr. Gaudet:\nThis letter is a follow-up to our conversation dated November 24, 2005 regarding labeling\nof the bags. During our conversation, you stated that the asbestos contractors are using the bags\nlabeled \"Danger, Contains Asbestos Fibers, Avoid Creating Dust, and Cancer and Lung Disease\nHazard\" for asbestos containing materials not subject to the Asbestos NESHAP. By using these\nbags, the asbestos contractors are declaring that materials contained in the bags are subject to the\nAsbestos NESHAP\nThe Asbestos NESHAP specifically states that if asbestos material subject to Asbestos\nNESHAP than the bags should be labeled, manifested, and disposed in an asbestos landfill. If\nthe asbestos material is not subject to the Asbestos NESHAP, then the bags are not required to be\nlabeled, manifested, and disposed in an asbestos landfill. Therefore, an asbestos contractor can\nuse plain bags and dispose of them into a non-asbestos landfill. If the asbestos contractor\nchooses to use the labeled bags for asbestos material not subject to the Asbestos NESHAP, then\nthe contractor are subjecting the asbestos material to the requirements as required by the\nAsbestos NESHAP.\nTherefore, EPA suggests that the asbestos containing material is not subject to the\nAsbestos NESHAP, then the labeled bags should not be used. If you have any questions, you can\ncall me at (215) 814-2164.\nSincerely,\nHa Chamber\nTia Chambers\nAsbestos Programs Coordinator\nPrinted on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine frea\nCustomer Service Hotline: 1-800-438-2474\n\n<<<PAGE 16>>>\n\nof Transportation\nUS Department\nResearch and\nWashingion. D.C.\n400 Sevenin Street, SW\n20590\nSpecial Programs\nAdministrarien\nAPR 22 1997\nMr. Thomas Gaudet\nP. O. Box 1023\nSummit Transport Group, Inc.\nMorrisville, PA 19067\nDear Mr. Gaudet:\nThis is in response to your letter regarding the requirements, including placarding, for\ntransporting asbestos in friable and non-friable form under the Hazardous Materials\nit has not caused any inconvenience.\nRegulations (HMR; 49 CFR Parts 171-180). Iapologize for the delay in responding and hope\nAsbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial\nvalue. Friable asbestos is listed as a hazardous substance in \"Table 1 of Appendix A\" of the\nHazardous Materials Table in § 172.101, with a reportable quantity of one pound per package.\nThe packaging requirements for asbestos are found in § 173.216. Paragraph (b) of this section\nexcepts asbestos immersed or fixed in a natural or artificial binder (such as cerent, plastic,\nresins or mineral ore) and manufactured products containing asbestos from the HMR.\nA Class 9 placard is not required on a vehicle in domestic transportation. A bulk packaging.\nsuch as a roll-off container or dump trailer, containing a Class 9 material, such as asbestos,\nmust be marked with the identification number displayed either on a Class 9 placard, an orange\npanel, or a white square-on-point configuration (See § 172.504(f)(9)). Although not required,\nthere is no prohibition against marking or labeling the liner of a bulk packaging, (e.g., roll-off\ncontainer or dump trailer).\nThe correct marking on non-bulk packagings containing asbestos is \"Asbestos, NA2212,\" and\nfor non-commercial, friable asbestos that equals or exceeds its reportable quantity, the letters\n\"RQ\" must also be displayed (See §§ 172.301 and I72.324). The Class 9 label is required on\nnon-bulk packagings containing asbestos (See § 172.400(a)(1)).\n\n<<<PAGE 17>>>\n\nYour understanding of the size, 3-1/2\" X 3-1/2\", ofa placard, such as the Class 9, is incorrect.\nA placard must be at least 273 mm (10.8 inches) on each side, and a label must be at least 100\nmm (3.9 inches) on each side. The label and placard specifications are found in §$ 172.407\nrespectively.\nand 172.519. The Class 9 label and placard must be as shown in $$ 172.446 and 172.560,\nI hope this information is helpful. If I can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n) ;)\nAp 2032\n814|\nTOTAL P.03\n\n<<<PAGE 18>>>\n\nFW: Hazmat Brain Teaser\nFulton, Mark P <mafulton@state.pa.us>\nFri 10/28/20051:03 PM\nTo: tajkn@msn.com <tajkn@msn.com>\n-----Original Message-----\nFrom: Weakland, James\nTo: Fulton, Mark P\nSent: Friday, October 28, 2005 1:30 PM\nSubject: RE: Hazmat Brain Teaser\nAsbestos that is friable is easily crumbled. As such, materials where the asbestos is fixed, (i.e. vinyl floor tiles, resins,\nplastics) are not considered friable and are not subject to the regulations. Friable asbestos, even in EPA-regulated bags is\n3)\n2)\nconsidered hazardous for transportation and requires shipping papers and ID marking on exterior of vehicle.\nIf the asbestos is bagged, then they do not meet any of the criteria under 107.601 for registering. If the asbestos was\nDrivers are not required to have a hazmat endorsement because the vehicle is not required to be placarded\nrequired to be registered under 107.601(a)(4)\nshipped as a bulk load in a container greater than 468 cubic feet with no intermediate packaging, then they would be\nHopefully this answers you questions.\nJames Weakland\nPA State Police\nHazardous Materials/Truck Access\n(717) 346-7331\nFrom: Fulton, Mark P\n----Original Message--\nSent: Friday, October 28, 2005 11:43 AM\nSubject: Hazmat Brain Teaser\nTo: Krol, Robert J; Stewart, Kevin; Weakland, James\nBob, Kevin & Jim,\n(truckload). The material is packaged in EPA-regulated bags and is normally generated at waste clean-up sites.\nI received a call from an individual who is a transporter of asbestos (friable), 2212, PG III, Class 9, RQ\nvehicles. He alleges that there are other companies in the same business who are circumventing the Hazmat\nHe claims that he always runs with proper shipping papers and he displays the \"2212\" marking on all of his\nand not to friable waste asbestos in EPA-regulated bags. He added that they are doing this to avoid DOT\nrules by interpreting that the rules regarding friable asbestos apply \"ONLY\" to mineral, raw or mined asbestos,\ninterpretations and I could find no such exemption. Do you know of any?\ninspections by not displaying the 2212 marking on their trucks. I did some research and found the below\ndrivers are not required to possess a hazmat endorsement on their CDL?\nQuestion 2: Since the vehicles are displaying the class 9 marking and not a placard, I assume that the\nwould they be exempt from the registration?\nQuestion 3: Last, but not least, is a Hazardous Material Registration required for this type of transport or\nThanks for any help that you can provide......Mark\nFrom: Fulton, Mark P\n-----Original Message--.\nSent: Friday, October 28, 2005 8:11 AM\nSubject:\nTo: Raykovitz, James P\n\n<<<PAGE 19>>>\n\nRank Path/Page Excerpt\n10 IDOT 980220 [hit count: 2]\nAsbestos contained in manufactured articles, (e.g. vinyl floor tiles or roofing papers) or immersed or fixed\na natural or artificial binder material (e.g. cement or asphalt) is not subject to the HMR ( 173.216(b) You\nmanufactured products. Therefore, these products are not subject to the HMR. Asbestos contained in\nstated in your letter that all of the asbestos containing materials that you offer for transportation are in\nmanufactured articles, (e.g. vinyl floor tiles or roofing papers) or imm...\n10\nIDOT 08161 [hit count: 2]\nA Class 9 placard is not required on a vehicle in domestic transportation. A bulk packaging, such as a roll-c\ncontainer or dump trailer, containing a Class 9 material, such as asbestos, must be marked with the\nthe liner of a bulk packaging, (e.g. roll-off container or dump trailer) A...\nAsbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial value. Friable\nasbestos is listed as a hazardous substance in \"Table 1 of Appendix A\" of the Hazardous Materials Table in\nfound in § 173.216. Paragraph (b) of this section excepts asbestos immersed or fixed in a natural or artific\n172.101, with a reportable quantity of one pound per package. The packaging requirements for asbestos a\nbinder (such as cement, plastic, resins or mineral ore) and manufact...\n10\nIDOT 07623 [hit count: 2]\nasbestos is listed in Appendix A to § 172.101 as a hazardous substance with a reportable quantity of one\nAsbestos is subject to the HMR as a Class 9 material regardless of quantity or commercial value. Friable\n(such as cement, plastic, resins or mineral ore) and manufactured products containing asbestos from the\npound per package. Section 173.216(b) excepts asbestos immersed or fixed in a natural or artificial binder\nHMR. When asbestos contamination has been removed from uniforms by vacuuming or...\n© Labelmaster Software, American Labelmark Company. Legal Info. [Feedback]\nSgt. Mark P. Fulton\nStaff Services Section Supervisor\n2930 Airport Road\nTroop M - Bethlehem\nBethlehem, PA 18017-2149\nTel No.\nFax No.\n(610) 807-3379\nemail:\n(610) 807-3300\nmafulton@state.pa.us","truncated":false,"body_characters":31754}