Interpretation Response #12-0197 ([Chemplex Advance Materials, LLC] [Mr. Ed Vinson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Chemplex Advance Materials, LLC
Individual Name: Mr. Ed Vinson
Location State: TX Country: US
View the Interpretation Document
Response text:
September 13, 2012
Mr. Ed Vinson
Director of Technology
Chemplex Advance Materials, LLC
P.O. Box 1071
506 CR 137
Snyder, TX 79550
Ref. No.: 12-0197
Dear Mr. Vinson:
This responds to your August 27, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek clarification of the definition of a hazardous substance in § 171.8. You provide an example of a liquid mixture, containing 4 percent (40,000 ppm) concentration by weight of copper chloride, with one gallon of the mixture containing 0.36 pound of copper chloride. You offer two scenarios, one with the mixture shipped in 5-gallon pails and one with the mixture shipped in 55-gallon drums.
Under § 171.8, a hazardous substance (other than radionuclides) is defined as a material, including its mixtures and solutions, that: (1) is listed in the Appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which equals or exceeds its RQ listed in the Appendix A to § 172.101 of the HMR; and (3) when in a mixture or solution, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the table in § 171.8. A material must meet all of these requirements in order to be a hazardous substance. For example, if a material contained in a mixture or solution meets or exceeds the RQ, but the concentration by weight is less than the percentage specified, then it is not a hazardous substance. Likewise, if a material is contained in a mixture at a concentration by weight equal to or greater than the percentage specified, but does not meet or exceed the RQ in a single package (or in a transport vehicle, if not packaged), then it is not a hazardous substance.
Copper chloride has a reportable quantity (RQ) of 10 pounds. To meet the definition of a hazardous substance, the quantity of copper chloride in each package must equal or exceed 10 pounds, and the concentration by weight must be equal to or greater than 0.02 percent (200 ppm). Therefore, when packaged in 5-gallon pails, the copper chloride mixture does not meet the definition of a hazardous substance as the weight of the copper chloride in each pail is 1.8 pounds, even though the percent (4 percent) and concentration (40,000 ppm) exceed the 0.02% (200 ppm) shown in § 171.8. However, when the mixture is shipped in 55-gallon drums it would be considered a hazardous substance, as the weight of the copper chloride in each drum would be 19.8 pounds, which exceeds the 10-pound RQ.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division
171.8, 172.101