Posted by Bill Johnson on February 01, 2001 at 13:02:34:
In Reply to: Re: The Way It Isn't posted by Bob on January 31, 2001 at 18:13:20:
Bob,
I wouldn't say I am dead wrong, I would say that there could be a court battle with the DOT that is determined by he who is willing to spend the most money wins.
I agree that the DOT can regulate intraste as well, however, that was not my point.
My point was if there was commerce involved. I posted the following on 10/30/00 on rec.scuba from 49CFR173.1:
(b) A shipment of hazardous materials that is not prepared in accordance with this subchapter may not be offered for transportation by air, highway, rail, or water. It is the responsibility of each hazmat employer subject to the requirements of this subchapter to ensure that each hazmat employee is trained in accordance with the requirements prescribed in this subchapter. It is the duty of each person who offers hazardous materials for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable
regulations in this subchapter.
49CFR173.115 defines hazardous materials:
(b) Division 2.2 (non-flammable, nonpoisonous compressed gas-including compressed gas, liquefied gas, pressurized cryogenic gas, compressed gas in solution, asphyxiant gas and oxidizing gas). For the purpose of this subchapter, a non-flammable, nonpoisonous compressed gas (Division 2.2) means any material (or mixture) which- Exerts in the packaging an absolute pressure of 280 kPa (40.6 psia) or greater at 20 °C (68 °F)
I checked your link to hazmat and it refers to "motor carriers"; so that is one term the attorneys could argue about - is my personal car a "motor carrier". Also notice that my reference above specifies that the package be filled by an "employee". If there is no sale involved, there is no employee.
I am not an attorney and should have been less absolute in my statement. I should have said, you may be able to overfill the cylinder if there is no sale.
Food for thought,
Bill