Interpretation Response #98-0233 ([HMT Associates, L.L.C.] [Mr. Gordon Rousseau])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: HMT Associates, L.L.C.
Individual Name: Mr. Gordon Rousseau
Location State: DC Country: US
View the Interpretation Document
Response text:
SEP 4, 1998
Mr. Gordon Rousseau Ref. No. 98-0233
HMT Associates, L.L.C.
1850 K Street, N.W. Suite 200
Washington, D.C. 20006-3500
Dear Mr. Rousseau:
This is in response to your letter dated May 1, 1998, regarding the transportation of intermediate bulk containers and/or portable tanks that contain residues of hazardous materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a portable tank which contains a residue of a hazardous material may be transported under the terms of an expired exemption.
The answer is no. The offering for transportation or transportation of a hazardous material under the terms of an expired exemption is a violation ofthe HMR. Section 173.29 provides that a packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.
An empty packaging is not subj ect to the HMR if it: 1) is unused; 2) is sufficiently cleaned of residue and purged of vapors to remove any potential hazard; 3) is refilled with a material which is not hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard; or 4) contains the residue of certain hazardous materials specified in § 173.29.
Therefore, unless your packaging meets any of these criteria, you must transport it as if it contained a greater quantity of hazardous material.
I hope this answers your inquiry. Ifwe can be of further assistance, please contact us.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
172.29