{"operation":"document","citation":"98-0528","title":"Pacific Resource Recovery — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-03-19","effective_on":null,"summary":"98-0528 response to Pacific Resource Recovery concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0528.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0528.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0528","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980528.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington S0 590\nWashington, D.C.\nSpecial Programs\nResearch and\nAdministration\nMAR | 9 1998\nMr. Bill Rosenthal\nPacific Resource Recovery\n3150 E. Pico Blvd.\nLos Angeles, CA 90023-3683\nDear Mr. Rosenthal:\nThis is in response to your letter concerning the applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180) to a consignee's acceptance of hazardous materials that were\nimproperly packaged, offered for transportation and transported\nto their intended destination.\nYour questions are paraphrased and answered as follows:\nQ1. May a treatment, storage and disposal facility (TSDE) accept\nhazardous waste packaged in violation of the HMR?\nThe hazardous\nwaste which requires specification packagings is\nnon-specification packagings.\nThe TSDE is the final destination\ndelivered in\nof the packages of hazardous\nmaterials.\nA1. The HMR apply to persons who offer for transportation, accept\nfor transportation or transport hazardous materials in commerce.\nIn the scenario you present, if the hazardous materials were\ndelivered to and\naccepted at the final destination, they are no\nlonger in transportation and the HMR do not apply.\nQ2. Are the packages of hazardous material considered out of\ntransportation at the point they are placed on the facility's\nloading dock? What is the distinction between the transporter\nand a facility employee unloading the packagings?\nA2. A shipment of packaged hazardous material is considered in\ntransportation until it is received and accepted at its final\ndestination. If the carrier performs the unloading function, the\ncarrier, but not the TSDE, is subject to requirements of the HMR\npertaining to packaging or unloading.\n\n<<<PAGE 2>>>\n\n!\n03. If the facility uses its own transport vehicle to pick up\nhazardous wastes, must the packagings conform to specifications\nin the HMR?\nA3. Yes. Section 177.801 specifies that no person may accept for\ntransportation or transport by motor vehicle a hazardous material\nthat is not prepared in accordance with the requirements of the\nHMR.\nI hope this information is helpful. If you need additional\ninformation, please do not hesitate to contact this office.\nSincerely,\nThorns As Allan\nThomas G. Allan\nSenior Transportation\nRegulations Specialist\n\n<<<PAGE 3>>>\n\nMeantyre\nNovember 25, 1997\n171.8\nPacific\nate:\nsli\nResource\nJoan McIntyre\nRecovery\nHazardous Materials Specialist\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\n400 Seventh Street, S. W., DHM-10\nWashington, D.C. 20590\nDear Joan:\nPer our recent telephone conversation on November 24, 1997, I am requesting\nclarification on the Hazardous Materials Regulations (HMR), specifically 49 U.S.C.\n5102.\nIn this section, and based on our discussion, \"transportation\" as defined in the Federal\nhazardous material transportation law is any movement of property by any mode, and any\nloading, unloading, or storage incidental to such movement. Under this section, the HIMR\nonly apply until:\n1) the containers of hazardous material have been removed from the transport vehicle,\ni,e. (truck trailer) and placed on the consignee's premises; or\n2): the motive power has been removed from the trailer and removed from the premises.\nThe HMR do not apply when the material is no longer \"in transportation.\"\nThe questions I have regarding the requested clarification of this section is if a transporter\ncarrying hazardous waste in NON-UN certified containers, where the material being\ntransported would require that the UN type of containers be utilized, arrives at a\nTreatment, Storage and Disposal Facility (TSDF) to deliver this material, can the TSDF\naccept this material in these containers since at the point it is placed on the facility's\nloading dock, it is no longer considered to be \" in transportation\" ?\nIn this senario, this material would not continue on \"'in transportation \" and it's receipt at\nthe TSDF would indicate that the material has reached the final destination point.\nIn this case, would the liability for illegal shipment only fall onto the transporter or would\nthe TSDF also be liable for accepting the shipment?\nAlso please clarify if either the driver transporting the hazardous waste or the waste\nfacility worker(s) can remove the material from the transport vehicle onto the TSDF\nloading dock, without affecting the above definition.\n• 3150 E. Pico Couleard\nLos Angries, Caltomla\nS0023-3293\nPiors: (600) 452-7145\nFAX: (213) 750-G078\n\n<<<PAGE 4>>>\n\nPage 2\nIt is my understanding that if the TDF has it's own transport vehicle, and performs\nhazardous waste pick-up(s) for it's clients, it must comply with the UN packaging\nrequirements for these materials as required prior to and during \" transportation\" to\nlegally be in compliance with the HMR\nI would appreciate your written response on how this regulation applies to the senario as\nindicated above, so I may properly advise our customers of the requirements.\n• Sincerely,\nPacific Resource Recovery Services\nBill Rosentha\nDirector of Health, Safety and Environmental Affairs\nBR:br","truncated":false,"body_characters":5071}