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Interpretation Response #14-0220 ([Premium Environmental Services] [Mr. Tom Stone])

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

Interpretation Response Details

Response Publish Date:

Company Name: Premium Environmental Services

Individual Name: Mr. Tom Stone

Location State: IN Country: US

View the Interpretation Document

Response text:

February 10, 2015

Mr. Tom Stone
Project Manager
Premium Environmental Services
P.O. Box 370
5032 South Plaza Drive
Newburgh, IN  47629

Reference No. 14-0220

Dear Mr. Stone:

This is in response to your recent e-mail to Ms. Gail Twitty, Investigative Analyst, Field Services Support Division, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA).  PHMSA forwarded your letter to its Standards and Rulemaking Division for response.  You request clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the incident reporting requirements.  Specifically, you ask if the HMR except incidents that involve “UN 1263, Paint, 3 (flammable liquid), Packing Group (PG) I, II, or III” in commercial transport from being reported to the Department of Transportation (DOT) on a Hazardous Materials Incident Report DOT Form F 5800.1.  

Provided the incident is not one that requires immediate notification to the National Response Center (NRC) with a telephonic report, the requirements of paragraphs (a), (b), and (c) of  § 171.16 do not apply to the following incidents:
(1) A release of a minimal amount of material from—
(i) A vent, for materials for which venting is authorized;
(ii) The routine operation of a seal, pump, compressor, or valve; or
(iii) Connection or disconnection of loading or unloading lines, provided that the release does not result in property damage.
(2) An unintentional release of a hazardous material when:
(i) The material is—
(A) A limited quantity material packaged under authorized exceptions in the §172.101 Hazardous Materials Table of this subchapter excluding Class 7 (radioactive) material; or
(B) A Packing Group III material in Class or Division 3, 4, 5, 6.1, 8, or 9;
(ii) The material is released from a package having a capacity of less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids;
(iii) The total amount of material released is less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids; and
(iv) The material is not—
(A) Offered for transportation or transported by aircraft;
(B) A hazardous waste; or
(C) An undeclared hazardous material;
(3) An undeclared hazardous material discovered in an air passenger's checked or carry-on baggage during the airport screening process.
You did not provide the packing group of the paint, the type of packaging used, or the amount being shipped per package.  Please note additional reporting exceptions may apply for incidents involving paint based on this missing information.  

I hope this satisfies your request.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.16, 172.101

Regulation Sections

Section Subject
171.16 Detailed hazardous materials incident reports
172.101 Purpose and use of hazardous materials table