Interpretation Response #04-0182 ([Occupational Safety Specialists] [Mr. Steve Laughlin])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02/03/2006

Company Name: Occupational Safety Specialists

Individual Name: Mr. Steve Laughlin

Location State: IL Country: US

View the Interpretation Document

Response text:

Feb 3, 2006

Mr. Steve Laughlin                 Reference No. 04-0182
Occupational Safety Specialists
519 Hillcrest Lane
Lindenhurst, IL 60046

Dear Mr. Laughlin:

This responds to your letter regarding hazardous substance determinations under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and any inconvenience it may have caused. Your questions are paraphrased and answered as follows:
Q1. A hazardous waste generator is to offer spent sulfuric acid (100%) for transportation. Because it is also a RCRA waste, it will require designation as a D002 unlisted waste characteristic of corrosivity. The reportable quantity (RQ) for sulfuric acid is 1000 lbs (454 kg) while the reportable quantity for unlisted waste code D002 is 100 lbs (45.4 kg). Which reportable quantity, if any, has precedence over the other?

Al.        In the scenario you provide, since the specific constituent of the hazardous waste and its respective concentration is known, the RQ for the constituent (i.e., sulfuric acid/l000 lbs (45’i kg)) should be used when determining whether a reportable quantity has been met.

Q2.      A hazardous waste generator is to offer a waste stream (F003) that is primarily acetone with trace amounts of water for transportation. The reportable quantity for waste stream F003 is 100 lbs (45.4 kg) while the reportable quantity listed for acetone in waste stream F003 is 5000 lbs (2270 kg). Which reportable quantity, if any, has precedence over the other?

A2.      In the scenario you provide, since the specific constituent of the waste stream (acetone) is known but the specific concentration of acetone is unknown, you would apply the total amount of hazardous waste in the packaging to the RQ of its constituent(i.e., acetone/5000 lbs (2270 kg)) when determining whether a reportable quantity has been met.

Q3.      In the above Q2/A2 scenario, why is the reportable quantity for waste stream F003 100 lbs (45.4 kg) while the reportable quantity listed for a known constituent (acetone) in this waste stream is 5000 lbs (2270 kg)?
A3. The lower RQ value is a default RQ value only to be used when some or all the hazardous constituents of a particular waste stream (e.g., F003) are unknown. Because the specific hazardous constituent (acetone) in the waste stream in your above scenario is known, it is permissible to use the higher RQ value.

Q4.      A hazardous waste generator is to offer a 55-gallon drum of soil that is contaminated with lead (D008/l5 ppm). The reportable quantity for unlisted waste D008 is 10 lbs (4.54 kg). A 15 ppm concentration of lead in a 55-gallon drum of contaminated soil weighs less than 10 lbs. Because the concentration of lead in the drum is known, it is our understanding that a reportable quantity has not been met. Are we correct?

A4.      Yes, you are correct.

Q5.      Is it permissible to use a waste code (e.g., D008) to identify a hazardous substance on a shipping paper?

A5.      Yes, see § 172.203(c).

Q6.      Is it a violation of the HMR to mark a package or annotate on a shipping paper the letters “RQ” when a reportable quantity is not present?

A6.      If only the residue of a hazardous substance remains in a package, the “RQ” markings may remain on a package even when a reportable quantity is not present. The shipping paper in this scenario should be consistent with the markings on the package by prefacing the shipping description with “RESIDUE Last Contained***I as provided by § 172.203(e) (1). In all other circumstances, however, a shipping paper should not identify a package as containing a reportable quantity nor should a package be marked “RQ” when a reportable quantity is not present.

Q7.      Where must a reportable quantity constituent be placed on shipping paper?

A7.      As specified in § 172.203(c), if the proper shipping name for a material that is a hazardous substance does not identify the hazardous substance by name, the name of the hazardous substance must be entered in parentheses in association with the basic description. This may be accomplished by placing the name of the hazardous substance either immediately following the proper shipping name or the basic description.

Q8.If a material contains multiple hazardous substances, how many must be listed on a shipping paper in association with the basic description?

A8.      As specified in § 172.203(c), when a material contains two or more hazardous substances, at least two hazardous substances, including the two with the lowest reportable quantities (RQs), must be identified.

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

172.203©

Regulation Sections