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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #01-0003 ([Nalco Chemical Company] [Mr. Everett Gauthier])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Nalco Chemical Company

Individual Name: Mr. Everett Gauthier

Location State: IL Country: US

View the Interpretation Document

Response text:

JAN 19, 2001

Mr. Everett Gauthier                     Ref. No. 01-0003
Manager Quality, Safety,
and Training
Nalco Chemical Company
One Nalco Center
Naperville, Illinois 60563
Dear Mr. Gauthier:

This responds to your letter, dated January 5,2001, requesting clarification of the requirements in the Hazardous Materials Regulations (HMR.; 49 CFR Parts 171-180) for determining reportable quantities of hazardous substances. Specifically, you ask if you must consider the entire quantity of hazardous substance being transported in a multi-unit cargo tank motor vehicle (CTMV) to determine whether you have a reportable quantity.

The answer is no. Hazardous substances are regulated under the HMR when the quantity in one package equals or exceeds the reportable quantity listed in Appendix A to § 172.101 for that material (see the definition for "hazardous substance" in § 171.8 of the HMR). For purposes of the HMR, each compartment of a multi-unit CTMV is considered a separate bulk packaging. Thus, in the example you provide in your letter, for a material that meets or exceeds the reportable quantity listed in Appendix A to § 172.101 in an amount of 18,000 pounds or more, if the amount of material in each compartment of a multi-unit CTMV is under 18,000 pounds, the material is not regulated as a hazardous substance even if the aggregate amount of material in all compartments of the CTMV meets or exceeds 18,000 pounds.

Hazardous substances that do not meet the definition of another hazard class are regulated as Class 9 materials under the HMR. For domestic transportation, a Class 9 placard is not required. However, a bulk packaging containing a Class 9 material must be marked with the appropriate identification number displayed on a Class 9 placard, an orange panel, or a white square-on-point display configuration (see § 172.504(£)(9)). For the example you provide in your letter, if the amount of material in one or more compartments of the multi-unit CTMV meets or exceeds the reportable quantity for that material, then the CTMV must be marked with the appropriate identification number in accordance with subpart D of part 172 of the HMR. However, if the amount of material in each compartment of the CTMV is under the reportable quantity for that material, then the material is not regulated as a hazardous substance and need not be marked with an identification number even if the aggregate amount of material on the CTMV meets or exceeds the reportable quantity.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

172.514

Regulation Sections

Section Subject
172.514 Bulk packagings