PHMSA Response Letter

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January 29, 2008

Ms. Jennifer Eberle                                                                                   

Manager, Transportation Compliance

Veolia Environmental Services

    Technical Solutions, L.L.C.

1 Eden Lane

Flanders, NJ 07836

Ref. No. 07-0229

Dear Ms. Eberle:

This responds to your letter regarding the use of overpacks for hazardous wastes under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask for guidance in how to describe 10 fiberboard drums on a shipping paper when the drums are “overpacked” on a pallet and secured with shrink-wrap.  Your various scenarios are paraphrased and answered as follows:

S1.  Would it be a violation of the HMR to indicate the number and type of packages on a shipping paper, as required in § 172.202(a)(6), as “1 pallet”?

A1.  Yes.  The number and type of stand-alone packages must be indicated (e.g., “10 fiberboard drums”) on a shipping paper in any appropriate manner either before or after the basic description required by the HMR.

S2.  Would it be a violation of the HMR to indicate the number and type of packages on a shipping paper, as required in § 172.202(a)(6), as “1 pallet” or “overpack” if the actual stand-alone packages were described elsewhere on the shipping paper?

A2.  No.  As specified in § 172.202(c), the number and type of stand-alone packages must be indicated (e.g., “10 fiberboard drums”) on a shipping paper in any appropriate manner either before or after the basic description required by the HMR.  Note also that annotating “1 pallet” or “overpack” in block 10 (No. and Type Containers) of a Uniform Hazardous Waste Manifest may cause confusion; this information would more appropriately be annotated in block 14 (Special Handling Instructions and Additional Information).

S3.  Would it be a violation of the HMR to indicate the number and type of stand-alone packages on a shipping paper, as required in § 172.202(a)(6), as “10 fiberboard drums” if the words “1 pallet” or “overpack” were indicated elsewhere on the shipping paper or Uniform Hazardous Waste Manifest?

A3.  No.  Assuming all other documentation requirements are satisfied, this would be the preferred method of indicating an overpack on a shipping paper or Uniform Hazardous Waste Manifest.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.202