{"operation":"document","citation":"98-0111","title":"Department of Environmental Quality — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-06-25","effective_on":null,"summary":"98-0111 response to Department of Environmental Quality concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0111.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0111.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0111","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980111.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashingtcn, D.C. 20590\n400 Seventh Street, S.W\nResearch and\nSpecial Programs\nAdministration\nJN 25 1998\nMr. Daniel Schultz, Chief\nRef. No.:\nField Operations Section\nDepartment of Environmental Quality\n98-0111\nEnvironmental Response Division\nKnapps Centre\nPO Box 30426\nLansing, MI 48909-7926\nDear Mr. Schultz:\nThis is in response to your letter dated May 13, 1998, concerning\nthe appricability of the small quantity exception in 49 CFR 173.4\n!\nto soil samples derived from a u.s. Environmental Protection\nAgency (EPA) sampling technique.\nEPA's SW-846 Test Method 5035 which calls for the addition of\nSpecifically, you ask about\n#...\n25 ml of methanol to a 25-gram soil sample and whether the\nmethano, and soil mixture meets the small quantity exception.\nYou also ask if materials packaged under the small quantity\nexception have a 500 ml weight limitation.\nThe quantity limitations in § 173.4 are imposed upon the entire\ncontents of each inner receptacle.\nWhen classifying the\nmaterial, the shipper must determine whether the material is a\nliquid or solid based on the definitions in $ 171.8. The 25 ml\nof liquid methanol added to 25 grams of soil is regulated as one\n3011\nmaterial, not two separate materials.\nThe total quantity of the\nmixed materials per inner receptacle must not exceed 30 ml for a\nliquid or 30 grams for a solid.\nsoil mixture still meets the definition of a hazardous material\nTherefore, if the methanol and\nand is defined as a liquid, the total volume of material per\ninner receptacle must not exceed 30 ml to meet the small quantity\nexception.\n-\n-\n113.4\n\n<<<PAGE 2>>>\n\n• i\n2\nYour second question concerns small quantity package weight\n29 kg (S 173.4 (a) (8)). However, the Hazardous Materials\nA completed small quantity package must not exceed\ninner receptactes in\nRegulations (49 CFR Parts 171-185) do not restrict the number of\nsmall quantity package.\nI hope this satisfies your request.\nSincerely,\nIransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSTATE OF MICHIGAN\nJOHN ENGLER, Governor\nREPLY TO:\nDEPARTMENT OF ENVIRONMENTAL QUALITY EAR ENA RESPONSE DISION\nHOLTER DU SONG T, ANG I 48027073\nWNSING MI 48909-79\nRUSSELL J. HARDING, Direct\nNTERNET www.doq.state.ml.u\nBAH\nMay 13, 1998\nFile 173.4\nEdward T. Mazzullo\nDHM-10\nU.S.DOT/RSPA\nDirector of Hazardous Material Standards\n400 7th Street S.W.\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nSUBJECT: Small Quantity Shipping of Environmental Samples\nThe State of Michigan, Department of Environmental Quality has recently instituted a new U.S. EPA\nMethod 5035. A question has arisen regarding the applicability of 49 CFR Part 173.4 for the shipping of\nsampling technique for soils contaminated with volatile organic chemicals. The method is SW 846,\nsuch samples. In talking with Mr. Michael Stevens of your office, he indicated that you would be able to\nprovide us with a written opinion on the applicability of the regulation to our situation.\nThe sampling method calls for the addition of 25 ml of methanol (MeOH) to 25 grams of soil. It is our\nunderstanding that in order to qualify for the small quantity exemption, we need to ship in individual\ncontain over 500 ml total of methanol (or a total of 20 samples in a single cooler). Thus, assuming all\ncontainers less than 30 ml of a flammable liquid. We also understand that the shipping package cannot\napplicable packaging and shipping requirements were complied with, our samples preserved in methanol\nsamples.\ncould be legally shipped under the small quantity exemption as we do the rest of our environmental\nHowever, a consultant has called us and claimed that DOT in another state has ruled that because the\nthe 30 ml limit, which meant the sample no longer fits the definition of a small quantity.\nmethanol was added to the soil sample, the total volume of material (liquid and solid together) was over\nunderstanding is correct, it would be very helpful. If you have any questions about our method or need\nIf you would please clarify, as it relates to both the 30ml and 500ml exemptions, whether our\nfurther clarification, please contact myself or our lead technical contact on the method, Mr. Robert\nDelaney, at 517-373-7406.\nSincerely,\nDaniel Schwet\nDaniel Schultz, Chief\nEnvironmental Response Division\nField Operations Section\n517-241-7706\nCc:\nMr. Robert Delaney, MDEQ\nlov. 1/8\nP 0101","truncated":false,"body_characters":4407}