Interpretation Response #06-0042 ([State of New Jersey] [Mr. Robert Gomez])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: State of New Jersey
Individual Name: Mr. Robert Gomez
Location State: NJ Country: US
View the Interpretation Document
Response text:
Mar 23, 2006
Mr. Robert Gomez Reference No. 06-0042
Supervisor, Transport Oversight Unit
State of New Jersey
Department of Environmental Protection
300 Horizon Center
Trenton, NJ 08625-0407
Dear Mr. Gomez:
This is in response to your February 3, 2006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the bulk, non-DOT specification containers described in your letter are an acceptable means of containment for contaminated soil described as “RQ Hazardous waste, solid, n.o.s., 9, NA3077, PG III” under § 173.240. Additionally, you ask if the transloading operations described in your letter are permissible under the HMR.
Section 173.240(c) authorizes the transportation of certain low-hazard solid materials in non-DOT specification sift-proof portable tanks and closed bulk bins. In order to be deemed sift-proof the completed package may not permit the escape of any of the hazard material contained therein. We believe the packaging configurations: describe in your letter are authorized under § 173.240(c). However, it is the shipper’s responsibility to ensure that the packaging provides sift-proof containment for the contaminated soil at the time of shipment, and will continue to provide containment until the packag reaches its final destination.
In your letter you describe two transloading scenarios. The first scenario involves a dump truck, roll off bin or intermodal co that contains a closed bulk bag of a solid hazardous waste. The closed bulk bag is transferred via gravity to a lined rail car. In your letter, you state that the bulk bag re closed during the transloading operation and no hazardous material is permitted t escape. The second scenario describes a dump truck, roll off container or intermodal co lined with plastic sheeting and ii] with unpackaged, solid hazardous waste. The solid hazardous waste is transferred from the damp truck, roll off bin or intermodal container to the lined rail car via gravity. You state in this scenario, the potential for release f solid hazardous waste during transloading exists because of the draft created from the material falling into the rail car, or from cross winds blowing though the building where the transloading occurs.
All bulk packages must be filled in accordance with § 173.24 and 173.24b. In both the scenarios you describe in your letter, the rail car used for the shipment of the hazardous waste must filled so that under conditions normally incident to transportation, there will be no identifiable (without the use of instruments) release of hazardous materials to the environment ( 173 .24(b)( 1)).
For your information, each person in physical possession of a hazardous material at the lime an incident occurs during the course of transportation (including loading, unloading, and temporary storage) in which there is an unintentional release of hazardous material or discharge of any quantity of hazardous waste from a package must submit a Hazardous Materials Incident Report on DOT Form F 5800.1 within 30 days of the date of discovery of the incident.
I hope this information is helpful. Please contact us if we can be of additional assistance.
Sincerely,
Edward T. Mazzullo
Director
Office of Hazardous Materials Standards
173.240, 172.101