Interpretation Response #01-0114 ([Conoco Inc.] [Ms. Sheila B. Ryan])

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

Interpretation Response Details

Response Publish Date: 06/07/2001

Company Name: Conoco Inc.

Individual Name: Ms. Sheila B. Ryan

Location State: TX Country: US

View the Interpretation Document

Response text:

June 7, 2001

Ms. Sheila B. Ryan                         Ref.  No.: 01-0114

Conoco Inc.

P.O. Box 2197

Houston, TX 77252-2197

Dear Ms. Ryan:

This is in response to your May 2, 2001 letter concerning requirements for the use of non-DOT specification bulk packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180). Specifically, you ask if a non-DOT specification, sift-proof closed bulk bin allowed for the transportation of a Class 9 environmentally hazardous waste., In addition, you had several questions concerning related issues.

Concerning your first question, it is important to note that the shipping name you reference is not correct. The correct shipping description is "Waste, Environmentally hazardous substance, solid, n.o.s.,9, UN 3077,PG II."  Column 8C of the hazardous materials table in §l72.101 refers you to § 173.240 for bulk packaging options.  A non-DOT specification; sift-proof closed bulk bin is authorized to transport this material.  Your additional questions are paraphrased and answered below:

Question 1: Are non-DOT specification bins authorized under § 173.240 also permissible for use in intrastate transportation if the state does not have regulations covering the transportation of hazardous materials in non-DOT specification bins?

Answer 1: Yes.

Question 2: Are non-DOT specification bins excepted from the HMR requirements?

Answer2: No. Non-DOT specification bins must meet the general packaging requirements for bulk packages in §§ 173.24 and 173.24b.

Question 3: July 2000 was the deadline for the transition period during which non-specification packagings were allowed for intrastate transportation under §,173.8. Must these non-DOT specification bins authorized for use under § 173.240 be tested and certified in order to be used for either intrastate or interstate transportation of hazardous materials?

Answer 3: No. A non-DOT specification bin may be used for certain low-hazard materials without any testing or certification.

I hope this satisfies your request.

Sincerely,

Transportation Regulations Specialist

Office of Hazardous Materials Standards

173.240

Regulation Sections