California Highway Patrol< — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and pecial Program dministratior DEC 2 1999 Mr. George Barber Ref. No. 99-0306 California Highway Patrol 2072 Third Street Oroville, CA 95965 Dear Mr. Barber: This is in response to your letter dated November 5, 1999, regarding segregation requirements under § 177.848(e)(3) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if lab packs containing Division 4.1 and Class 8 liquids may be considered a truckload and therefore loaded above or adjacent to one another when offered by different shippers and transported by a single carrier. The answer is no. Section 177.848(e)(3) states that Class 8 liquids may not be loaded above or adjacent to Class 4 or Class 5 materials. Section 177.848(e)(3) also states that shippers may load truckload shipments of such materials together when it is known that the mixture of contents would not cause a fire or a dangerous evolution of heat or gas. The term truckload as used in this section means a shipment of hazardous materials loaded into a transport vehicle by a single shipper. Shipments of hazardous materials offered to a carrier by different shippers and loaded into a transport vehicle are not considered to be a truckload. Therefore, a carrier that receives Class 4 and Class 8 materials from different shippers must segregate the materials in accordance with § 177.848(e) (3). I hope this satisfies your request. Sincerely, MESA Sohn A. Gale Transportation Regulations Specialist Office of Hazardous Materials Standards 990306 177,848#

Page 2State of California Business, Transportation and Housing Agency Date: November 5, 1999 8177848 To: Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards 99-0306 Washington DC 20590-0001 From: DEPARTMENT OF CALIFORNIA HIGHWAY PATROL Oroville File No.: 201.10665 Subject: Letter of Interpretation I am writing to request an interpretation or definition of "Truckload", as used in Section 177.848(e)(3). On 11/05/99 at approximately 09 00 hours 1 spoke with Jeff on the information line and he suggested I request a letter on interpretation. Specifically, would a truck load of hazardous wastes, Division 4.1 and Class 8 liquids, in lab packs, shipped by multiple waste generators, be subject to the separatión regulation or be considered a truckload shipment, after the shipment was consolidated by waste clean-up company, for transportation to a disposal site? I would appreciate an expedited reply, as a court case is pending on this matter. My return address is: 3822 California Highway Patrol 2072 Third Street Oroville, CA 95965 530 533 Fax (530) 533-2703 G. Barber, CHO 10665 CHP 51WP (Rcv. 11-88) OP1 076#