Interpretation Response #04-0063 ([Belshire Environmental Services, Inc.] [Mr. Glen VanderVeen])

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

Interpretation Response Details

Response Publish Date: 08/11/2004

Company Name: Belshire Environmental Services, Inc.

Individual Name: Mr. Glen VanderVeen

Location State: CA Country: US

View the Interpretation Document

Response text:

Aug 11, 2004

Mr. Glen VanderVeen                 Reference No. 04-0063
Program Director
Belshire Environmental Services, Inc.
25971 Towne Centre Drive
Lake Forest, CA 92610

Dear Mr. VanderVeen:

This responds to your letter regarding the transportation of solids that have absorbed flammable liquids in accordance with the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of the requirements as they apply to a flammable liquid (unleaded gasoline) contained in absorbent material used to clean surface spills, used fuel filters, and used hoses from retail gasoline outlets. Hypothetically, you stated that the gasoline would be absorbed into the materials, the materials would be classed as a Division 4.1 (flammable solid), all liquid would be drained, and no free liquid would be visible at the time the package is closed. Your questions are paraphrased and answered as follows:

Q1       Your understanding is that the “bum rate” test in accordance with the UN Manual of Tests and Criteria prescribed in 173.125(a) is designed for granular materials and would not be an appropriate test method for fuel filters or hoses. You ask for guidance to establish a program to determine through testing or other means whether the materials described above would be subject to the HMR.

Al.        For a Division 4.1 (flammable solid), the UN Manual of Tests and Criteria prescribed in § 173.125(a) is the standard for determining the appropriate classification in the Class 4 hazard class. The packing group criteria for readily combustible materials or readily combustible solids, other than metal powders, is prescribed in §173.125(b)(1) and (2). If free flowing liquid can be seen surrounding your materials, they may meet the definition of a flammable liquid in § 173.120. If there is no free liquid surrounding these materials, they may meet the definition of a flammable solid in § 173.124. If your materials absorbed with gasoline do not meet any of the hazard class definitions in Part 173, including hazardous waste, hazardous substance, or marine pollutant, they are not regulated under the HMR. It is a shipper’s responsibility to classify a hazardous material. This Office does not perform that function.

The entry “Solids containing flammable liquid, n.o.s.” in the § 172.101 Hazardous Materials Table (172.101 HMT) contains Special Provision “47” in Column 7. In accordance with Special Provision “47” in § 172.102, mixtures of solids that are not subject to the HMR (e.g., absorbent material used to clean surface spills, used fuel filters and hoses) and flammable liquids (e.g., gasoline) may be transported under the entry “Solids containing flammable liquid, n.o.s., 4.1, UN 3175, PG II” in the § 172.101 HMT, without first applying the classification criteria of Division 4.1, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed. Each non-bulk packaging must correspond to a design type that has passed a leakproofness test at the Packing Group II level.

Q2.      Assuming the used fuel filters and hoses absorbed with gasoline are a flammable solid and not a hazardous waste, would the Material of Trade (MOTS) exception in § 173.6 apply to maintenance contractors who carry and replace fuel filters in pump and tank equipment at gas stations.

A2.      By definition, MOTS include a hazardous material that is transported by a private carrier in direct support of its principal business where the principal business is not transportation by motor vehicle (see § 171.8). If the fuel filters meet the definition for a flammable solid and do not meet the definition for a hazardous waste for purposes of transportation and provided all conditions of § 173.6 are met, the maintenance contractors performing private carriage by highway may transport such materials under the MOTS exception.

A non-bulk packaging must be marked with the proper shipping name or common name of the material it contains, and a bulk packaging must display the identification number either on an orange panel, placard, or a white square-on-point configuration. MOTS are not subject to any other hazard communication requirements of the HMR (e.g., shipping papers, labels and placards, and emergency response information) besides those referenced in § 173.6(c). Packagings must be sift proof, secured against movement, and protected from damage. For a Packing Group II material, the gross mass or capacity of the packaging may not exceed 30 kg (66 pounds) or 30 L (8 gallons). The aggregate gross weight of all the MOTS on a motor vehicle may not exceed 200 kg (440 pounds), except for MOTS authorized in § 173.6 (a)(1)(iii).

Q3.      Would the small quantity exception in § 173.4 apply if each package contains a flammable solid with 30 g or less of solid material (absorbent or filter) or a solid with 30 ml or less of gasoline per package.

A3.      Yes. Hazardous materials meeting the definition of one or more hazard classes that are authorized to be shipped under the small quantity provision and that are in the designated maximum quantities per inner packaging may be shipped in accordance with § 173.4, provided all the conditions of the exception are met. Hazardous materials shipped under the 173.4 are not subject to any other requirements of the HMR.

Q4.      Define the terms “sift-proof’ and “leakproofness” as they apply to testing of packages containing hazardous materials.

A4.      As defined in § 171.8, “sift-proof” packaging means a packaging impermeable to dry contents, including fine solid material produced during transportation. Under the HMR, a “leakproofness” test is conducted on a non-bulk packaging intended to contain liquids and means the packaging must be leak-tight.

As discussed in the November 11, 1997 letter to Laidlaw Transportation Services, § 173.240 authorizes non-specification closed j bins (e.g., roll-on/roll-off containers) for “Solids containing flammable liquid, n.o.s., UN3 175”, that must be sift-proof and meet the applicable requirements in § 173.24 and 173.24b. The HMR do not require a leakproofness test for non-specification closed bulk bins. The May 1, 1997 letter to the Winters Company discussed applying the leakproofness tests when using non-bulk packagings in accordance with Special Provision “47”.

Q5.      Notwithstanding the responses to the questions above, are there any conditions where a Division 4.1 material can be legally transported in a garbage or dump truck, without labels, placards, shipping papers, or a hazardous waste transporter license, along with other trash.

A5.      No. Although a Division 4.1 (flammable solid) material may be transported in a non- specification packaging under § 173.240 (e.g., dump truck), provided it is a sift-proof closed vehicle, such shipment is not excepted from the hazard communication requirements under the HMR (e.g., shipping papers and placards).

Hazardous waste that does not require preparation of a Uniform Hazardous Waste Manifest (UHWM) under 40 CFR Part 262 is not a “hazardous waste” under 49 CFR for purposes of transportation in commerce. The hazardous waste transporter license is governed by the regulations of the Environmental Protection Agency.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale
Standards Development
Office of Hazardous Materials Standards

172.102

Regulation Sections