Interpretation Response #15-0103

Interpretation Response Details

September 08, 2015

Ms. Jennifer Eberle
Manager, Transportation Compliance
Industrial Business
VEOLIA NORTH AMERICA
1 Eden Lane
Flanders, NJ 07836

Ref. No. 15-0103

Dear Ms. Eberle:

This responds to your letter dated October 31, 2014 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of sift-proof, closed bulk bins. In your letter, you describe a shipment of "Hazardous waste, solid, n.o.s.," a Class 9, Packing Group III material, in a non-bulk quantity with an identification of "NA3077" in a device that exceeds the physical dimensions of a non-bulk packaging. Your questions are paraphrased and answered as follows:

Q1. Is it permissible to transport this material in the device without any further outside packaging as a sift-proof, closed bulk bin under the provisions of § 173.240(c)?

A1. The answer is yes, provided the device is consistent with the provisions of the HMR for a non-Department of Transportation (DOT) specification, sift-proof, closed bulk bin. Under § 171.8, "siftproof packaging" is a "packaging impermeable to dry contents, including fine solid material produced during transportation." The HMR provides no definition for closed bulk bins, but it is the opinion of this Office that a "closed bulk bin" can be described as an "enclosed packaging that is tough, firm, and durable (i.e., strong), constructed so that its contents cannot pass through (i.e., completely enclosed), and which meets other applicable requirements of § 173.24." Please be aware that it is your responsibility to ensure that the packaging is "designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation" there will be no identifiable release of hazardous material per the requirements of § 173.24(b).

A2. Is the device required to comply with the marking requirements for a non-bulk or a bulk packaging under Subpart D—Marking?

Q2. The packaging is required to be marked in conformance with the marking requirements for a bulk packaging under § 172.302. As you have described the shipment, the outer packaging would be the non-DOT specification, sift-proof, closed bulk bin authorized under § 173.240(c); therefore, it is the opinion of this Office that this shipment must comply with the marking requirements for bulk packagings per § 172.302, regardless of whether the quantity of material transported is of a non-bulk amount.

I hope this answers your inquiry. If you need additional assistance, please contact this Office again.

Sincerely,

Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

173.240(c), 171.8, 173.24, 173.24(b), 172.302

Regulation Sections