Interpretation Response #08-0123 ([Mr. Mark. M. Baron])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. Mark. M. Baron
Location State: MI Country: US
View the Interpretation Document
Response text:
October 23, 2008
Mr. Mark. M. Baron
6158 Willow Creek Drive
Canton, MI 48187
Ref. No:. 08-0123
Dear Mr. Baron:
This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with respect to determining the correct shipping description for polychlorinated biphenyl (PCB) contaminated soil that will be transported by highway and rail. You ask whether the words "waste" and "mixture" must be included in the shipping description "RQ Polychlorinated biphenyls, solid, UN3432, 9 PG II."
As specified in § 171.8, a hazardous waste is any material that is subject to the hazardous waste manifest requirements of the U.S. Environmental Protection Agency (EPA) as specified in 40 CFR Part 262. If a hazardous waste manifest is required under EPA regulations for the material, § 172.101(c)(9) of the HMR specifies that if the word "waste" is not included in the hazardous material description, the proper shipping name for a hazardous waste must include the word "waste" preceding the proper shipping name. via highway and rail.
With respect to the use of the word "mixture," § 172.101(c)(10) specifies that a mixture or solution not identified specifically by name, comprised of a hazardous material identified in the § 172.101 Hazardous Materials Table (HMT) by technical name (such as PCBs) and a non-hazardous material (such as soil), must be described using the proper shipping name of the hazardous material and the qualifying word "mixture" or "solution," as appropriate, unless any of the provisions in § 172.101(c)(10)(A) through (F) apply. Therefore, if none of the provisions apply, the word "mixture" must be included in the shipping description.
Also, note that Special Provision 140 allows Packing Group II to be modified to read "III" when the material is offered for transportation or transported by highway or rail.
I hope this information is helpful. Please contact this office if you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.8, 172.101(c)