{"operation":"document","citation":"99-0317","title":"Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-02-11","effective_on":null,"summary":"99-0317 response to Department of Energy concerning 173.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0317.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0317.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0317","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990317.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nSpecial Programs\nFEB I / 2000\nRef. No. 99-0317\nMr. Steven H. Wisness\nRichland Operations Office\nDepartment of Energy\nP.о. Box 550\nRichland, WA 99352\nDear Mr. Wisness:\nsalvage drums under the Hazardous Materials Regulations (HMR;\nThis is in response to your letter regarding the use of\n49 CFR Parts 171-180). Your questions are paraphrased and\nanswered below.\n01. May a salvage drum be offered into transportation in\naccordance with § 173.3 (c)?\nAl. Yes.\n02. An authorized package of a hazardous material is being\nstored in a warehouse awaiting transportation.\nackade be placed into a salvage drum in accordance wit\nackage 1s discovered to be leaking. May the leakir\n$ 173.3 (c) to transport it for repackaging?\nA2. Ye used accordance mited or 13king pa salyage drum may\ndisposal or repackaging.\n03.\nAn authorized package of a hazardous waste is moved from\ndisposal\nIacility. May the leaking package be placed into a\nsalvage drum in accordance with § 173.3 (c) and then\ntransported for disposal?\nA3. Yes.\n(See A2.)\n990317\n1133\n\n<<<PAGE 2>>>\n\nQ4. An authorized package of a hazardous waste is moved from\nUniform Hazardous Waste Manifest (UHWM) is generated at\na 90-day accumulation area to a storage facility. A\nthe 90-day accumulation area and the drum is transported\nto a storage facility where the drum develops a leak.\nThe leaking drum is placed into a salvage drum and\ntransported for disposal in accordance with § 173.3.\nDoes a new UHWM need to be generated?\nFor guidance on whether a new UHWM must be generated,\nyou should contact Mr. Tom Cusack, EPA, Washington State\nOffice at (360) 407-6755. A UHWM is an Environmental\nin accordance with 40 CER part 262. A UHWM containing\nProtection Agency (EPA) requirement and must be prepared\nall of the information required by 49 CFR part 172,\nrequirement in the HMR (see 49 CFR 172.205).\nsubpart C, may be used to satisfy the shipping paper\n25. Regarding the above scenario, may the salvage drum be\ntransported several years later?\nA5. Yes.\nrulemaking\nAlso, for your information, we have initiated a\nunder Docket HM-223 to clarify the\napplicability of the HMR to the loading, unloading, and\nstorage of hazardous materials at fixed facilities. A\nsupplemental advance notice of proposed rulemaking (64 FR\n22718) was published under Docket No. RSPA-98-4952 (HM-\n223) on April 27, 1999.\nif you need additional assistance.\nI hope this information is helpful. Please contact this office\nSincerely,\nHotte z. Mither\nHattie I. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n:\nDepartment of Energy\nmontere\nRichland Operations Office\nES DEAT\nP.O. Box 550\n81733\nRichland, Washington 99352\n99-0317\n00-OSS-038\nNOV 2 2 1999\nMr. Edward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nResearch and Special Program Administration, (DHM-10)\n400 7\" Street S.W.\nU.S. Department of Transportation\nWashington, DC 20590\nDear Mr. Mazzullo:\nREQUEST FOR CLARIFICATION OF COMPLIANT USE OF SALVAGE DRUMS\nRecently, several U.S. Department of Energy (DOE) contractors have raised issues concerning the use\nclarification and guidance.\nof salvage drums. Based on these issues we have two questions and several scenarios that need\n1. Can a salvage drum, used in accordance with 49 CFR 173.3 (c), be offered into\ntransportation?\n2. If a salvage drum can not be offered into transportation, and assuming that a salvage drum\ncan only be used during transportation, at what point does transportation begin?\nScenario 1: Can a salvage drum be used for hazardous material before it is actually placed into\ncommerce?\nA hazardous material has been packaged for transport and is being stored in a warehouse. Before\nloading on the Commercial Motor Vehicle (CMV), it is discovered that the drum is leaking. The\n¡EMV and placed into commerce for repackaging.\nleaking drum is placed in a salvage drum in accordance with 49 CFR 173.3(c), loaded on the\nScenario 2: Can a salvage drum be used for hazardous waste before it is actually placed into\ncommerce?\nA drum of hazardous waste was moved from a 90 day accumulation area to a treatment and/or\ndisposal facility (TSD) onsite. At the storage facility the drum developed a leak and was placed\nin commerce, to a TSD.\nin a salvage drum in accordance with 49 CFR 173.3(c). The drum was then transported offsite,\n-\n\n<<<PAGE 4>>>\n\n:\n...\nMr. Edward Mazzullo\n00-OSS-038\n-2-\nNOV 2 2 1999\n/ Scenario 3: Can a salvage drum be used for hazardous waste, once the drum has been placed in\ncommerce, using the same UHWM?\nA drum of hazardous waste was moved from a 90 day accumulation area to a storage facility\naccumulation area; the drum was placed in commerce, and transported to the TSD for storage.\n(TSD). A Uniform Hazardous Waste Manifest (UHWM) was generated at the 90 day\nwith 49 CFR 173.3(c). The next business day, the drum was then transported, in commerce, to a\nAt the storage facility the drum developed a leak and was placed in a salvage drum in accordance\nTSD for disposal, using the same UHWM.\n/ Scenario 4: If a material has been placed into a salvage drum while in storage, is it acceptable to\ntransport the salvage drum, in commerce, several years later, using a newly generated UHWM?\nA drum of hazardous waste, which contained a limited quantity of radioactive material, was moved\nfrom a satellite accumulation area to a storage facility TSD. A UHWM was generated at the satellite\naccumulation area for the drum placed in commerce. At the storage facility the drum developed a leak\nand was placed in a salvage drum in accordance with 49 CFR 173.3(c). Several years later, is it\nacceptable to transport the mixed waste drum (in a salvage drum) in commerce to a TSD for disposal\nusing a newly generated UHWM?\nI would appreciate a written reply. I recognize that you have a large number of demands on your\ntime and attention and I would greatly appreciate any guidance you may offer.\nIf you have any questions, please contact Dennis Claussen, of my staff, (509) 372-0938.\nSincerely,\nMAM\nOSS:DWC\neven H. Wisness, Direct\nOffice of Site Services\nCC:\nJ. H. Portsmouth, WMNW","truncated":false,"body_characters":6214}