Interpretation Response #14-0239 ([Sun Chemical Corporation] [Ms. Amy fischesser])

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

Interpretation Response Details

Response Publish Date: 02/10/2015

Company Name: Sun Chemical Corporation

Individual Name: Ms. Amy fischesser

Location State: OH Country: US

View the Interpretation Document

Response text:

February 10, 2015

Ms. Amy Fischesser
Corporate Hazardous Goods
Transportation Manager
Sun Chemical Corporation
5020 Spring Grove Avenue
Cincinnati, OH 45232

Reference No. 14-0239

Dear Ms. Fischesser:

This is in response to your December 3, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the highway shipment of non-bulk drums containing only the residue of a hazardous material.

In your letter you describe a scenario where your local driver delivers full non-bulk drums containing “UN1210, Printing ink” to your customer.  The same driver would then collect “empty” drums containing between 5-30 lbs of unused printing ink from the customer and return them to the originating facility.  Upon return to your facility the “empty” drums will be placed in an empty drum trailer for eventual transport to a drum recycler. Your questions are paraphrased and answered as follows:

Q1. Are empty drums that previously contained “UN1210, Printing ink” subject to the HMR even if they are excepted from a hazardous waste manifest because the amount of residue remaining in each drum is less than 3 percent weight of the total capacity of the drum in accordance with 40 CFR § 261.7?

A1. The answer is yes.  Generally, in accordance with § 173.29, packagings containing a residue of a hazardous material must be transported in the same manner as when they previously held a greater quantity of the material.  Empty packages containing a hazardous waste also meeting the definition of a hazardous material under the HMR, are fully subject to the HMR regardless of any exception from certain requirements under 40 CFR.

Q2. You note that in accordance with § 173.29(c), a non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of §172.504 is excepted from the shipping paper and placarding requirements when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse.  You ask if the “empty” drums to be returned to the originating facility in the above scenario are eligible for the exception in § 173.29(c) as they are not being transported directly to a reconditioner or remanufacturer.

A2. A non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of § 172.504 collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse is excepted from the shipping paper requirements in Part 172, Subpart C. Therefore, if the shipment is made by a private or contract carrier, it is not subject to the shipping paper requirements        (§ 173.29(c)(2)). In addition, a non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of § 172.504 is not subject to the placarding requirements in Part 172, Subpart F (§ 173.29(c)(1)).  This placarding determination exception is not contingent on the transport being performed by a contract or private carrier for reconditioning, remanufacture or reuse.

The “empty” packagings described in your scenario would be eligible for the shipping paper exception provided in § 173.29(c)(2) when transported by a contract or private carrier from the customer’s facility back to the intermediary facility where they will be stored temporarily for subsequent transport provided the empty packagings containing residue are collected for purposes of reconditioning, remanufacture or reuse.
   
I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division
§ 261.7, 173.29, 172.504, 173.29(c)(1)

Regulation Sections