Interpretation Response #10-0130 ([Syngenta] [Mr. Eric Kelly])

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

Interpretation Response Details

Response Publish Date: 12/06/2010

Company Name: Syngenta

Individual Name: Mr. Eric Kelly

Location State: NC Country: US

View the Interpretation Document

Response text:

December 6, 2010

Mr. Eric Kelly

Syngenta

P.O. Box 13800

Greensboro, NC  27419

Reference No. 10-0130

Dear Mr. Kelly,

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of your product, Dual Magnum.  You state your product does not meet the definition of any of the hazard classes specified in the HMR.  You also state that because your product contains naphthalene (<=1%), which is listed in the Hazardous Substance Table in appendix A to the § 172.101 Hazardous Materials Table (HMT), it is regulated as a Class 9 material only when the quantity of naphthalene in a single container equals or exceeds the reportable quantity (RQ) of 100 lbs. per package as indicated in the Hazardous Substance Table.  You ask whether your understanding is correct that your product is not subject to the HMR unless the naphthalene meets the RQ of 100 lbs. per package.  You further ask whether transporting this product would require the use of a special permit (DOT-SP 12412).  

As provided in § 173.22, it is the shipper"s responsibility to properly classify a hazardous material.  This office generally does not perform this function.  However, based on the information provided, if your product does not meet the definition of any of the hazard classes in Part 173, does not meet the RQ (100 lbs. in this case) for the material, and is not a hazardous waste or marine pollutant (see § 171.8), then you are understanding that it is not subject to the HMR is correct.  As provided in § 171.8, the term "hazardous material" includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the HMT (see § 172.101), and materials that meet the defining criteria for hazard classes and divisions in Part 173 of Subchapter C of the HMR.

Based on the information provided in your email, it appears that your product, Dual Magnum, is not regulated under the HMR.  To be classified as a hazardous substance, a material would have to meet the definition of a hazardous substance in § 171.8 which states that a hazardous substance means a material, including its mixtures and solutions, that"

(1) Is listed in the appendix A to §172.101 of this subchapter;

(2) Is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the appendix A to §172.101 of this subchapter; and

(3) When in a mixture or solution"

(i) For radionuclides, conforms to paragraph 7 of the appendix A to §172.101.

(ii) For other than radionuclides, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the following table:

The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to §172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

However, it should be noted that a material can meet the Class 9 definition for reasons other than being a hazardous substance.  A Class 9 material is defined as a material that presents a hazard during transportation but does not meet the definition of any other hazard class (see § 173.140).

With regard to your question concerning special permit DOT-SP 12412, applying for a special permit is not applicable to a material that is not regulated under the HMR. 

I hope this information is helpful.  Please contact this office should you have additional questions.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention

Standards and Rulemaking Division

172.101, 173.22, 171.8

Regulation Sections