Department of Energy — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administration Special Programs FEB I / 2000 Ref. No. 99-0317 Mr. Steven H. Wisness Richland Operations Office Department of Energy P.о. Box 550 Richland, WA 99352 Dear Mr. Wisness: salvage drums under the Hazardous Materials Regulations (HMR; This is in response to your letter regarding the use of 49 CFR Parts 171-180). Your questions are paraphrased and answered below. 01. May a salvage drum be offered into transportation in accordance with § 173.3 (c)? Al. Yes. 02. An authorized package of a hazardous material is being stored in a warehouse awaiting transportation. ackade be placed into a salvage drum in accordance wit ackage 1s discovered to be leaking. May the leakir $ 173.3 (c) to transport it for repackaging? A2. Ye used accordance mited or 13king pa salyage drum may disposal or repackaging. 03. An authorized package of a hazardous waste is moved from disposal Iacility. May the leaking package be placed into a salvage drum in accordance with § 173.3 (c) and then transported for disposal? A3. Yes. (See A2.) 990317 1133#

Page 2Q4. An authorized package of a hazardous waste is moved from Uniform Hazardous Waste Manifest (UHWM) is generated at a 90-day accumulation area to a storage facility. A the 90-day accumulation area and the drum is transported to a storage facility where the drum develops a leak. The leaking drum is placed into a salvage drum and transported for disposal in accordance with § 173.3. Does a new UHWM need to be generated? For guidance on whether a new UHWM must be generated, you should contact Mr. Tom Cusack, EPA, Washington State Office at (360) 407-6755. A UHWM is an Environmental in accordance with 40 CER part 262. A UHWM containing Protection Agency (EPA) requirement and must be prepared all of the information required by 49 CFR part 172, requirement in the HMR (see 49 CFR 172.205). subpart C, may be used to satisfy the shipping paper 25. Regarding the above scenario, may the salvage drum be transported several years later? A5. Yes. rulemaking Also, for your information, we have initiated a under Docket HM-223 to clarify the applicability of the HMR to the loading, unloading, and storage of hazardous materials at fixed facilities. A supplemental advance notice of proposed rulemaking (64 FR 22718) was published under Docket No. RSPA-98-4952 (HM- 223) on April 27, 1999. if you need additional assistance. I hope this information is helpful. Please contact this office Sincerely, Hotte z. Mither Hattie I. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3: Department of Energy montere Richland Operations Office ES DEAT P.O. Box 550 81733 Richland, Washington 99352 99-0317 00-OSS-038 NOV 2 2 1999 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards Research and Special Program Administration, (DHM-10) 400 7" Street S.W. U.S. Department of Transportation Washington, DC 20590 Dear Mr. Mazzullo: REQUEST FOR CLARIFICATION OF COMPLIANT USE OF SALVAGE DRUMS Recently, several U.S. Department of Energy (DOE) contractors have raised issues concerning the use clarification and guidance. of salvage drums. Based on these issues we have two questions and several scenarios that need 1. Can a salvage drum, used in accordance with 49 CFR 173.3 (c), be offered into transportation? 2. If a salvage drum can not be offered into transportation, and assuming that a salvage drum can only be used during transportation, at what point does transportation begin? Scenario 1: Can a salvage drum be used for hazardous material before it is actually placed into commerce? A hazardous material has been packaged for transport and is being stored in a warehouse. Before loading on the Commercial Motor Vehicle (CMV), it is discovered that the drum is leaking. The ¡EMV and placed into commerce for repackaging. leaking drum is placed in a salvage drum in accordance with 49 CFR 173.3(c), loaded on the Scenario 2: Can a salvage drum be used for hazardous waste before it is actually placed into commerce? A drum of hazardous waste was moved from a 90 day accumulation area to a treatment and/or disposal facility (TSD) onsite. At the storage facility the drum developed a leak and was placed in commerce, to a TSD. in a salvage drum in accordance with 49 CFR 173.3(c). The drum was then transported offsite, -#

Page 4: ... Mr. Edward Mazzullo 00-OSS-038 -2- NOV 2 2 1999 / Scenario 3: Can a salvage drum be used for hazardous waste, once the drum has been placed in commerce, using the same UHWM? A drum of hazardous waste was moved from a 90 day accumulation area to a storage facility accumulation area; the drum was placed in commerce, and transported to the TSD for storage. (TSD). A Uniform Hazardous Waste Manifest (UHWM) was generated at the 90 day with 49 CFR 173.3(c). The next business day, the drum was then transported, in commerce, to a At the storage facility the drum developed a leak and was placed in a salvage drum in accordance TSD for disposal, using the same UHWM. / Scenario 4: If a material has been placed into a salvage drum while in storage, is it acceptable to transport the salvage drum, in commerce, several years later, using a newly generated UHWM? A drum of hazardous waste, which contained a limited quantity of radioactive material, was moved from a satellite accumulation area to a storage facility TSD. A UHWM was generated at the satellite accumulation area for the drum placed in commerce. At the storage facility the drum developed a leak and was placed in a salvage drum in accordance with 49 CFR 173.3(c). Several years later, is it acceptable to transport the mixed waste drum (in a salvage drum) in commerce to a TSD for disposal using a newly generated UHWM? I would appreciate a written reply. I recognize that you have a large number of demands on your time and attention and I would greatly appreciate any guidance you may offer. If you have any questions, please contact Dennis Claussen, of my staff, (509) 372-0938. Sincerely, MAM OSS:DWC even H. Wisness, Direct Office of Site Services CC: J. H. Portsmouth, WMNW#