Interpretation Response #10-0238R ([URS Corporation] [Ms. Erin Jarman])

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

Interpretation Response Details

Response Publish Date: 01/13/2011

Company Name: URS Corporation

Individual Name: Ms. Erin Jarman

Location State: NC Country: US

View the Interpretation Document

Response text:

January 13, 2011

Ms. Erin Jarman

URS Corporation

1600 Perimeter Park Drive, Suite 400

Morrisville, NC 27560



Ref. No. 10-0238R

Dear Ms. Jarman:

This responds to your November 2, 2010 letter regarding the transportation of hazardous waste under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of the appropriate hazardous material description for hazardous waste that contains constituents that are also listed hazardous substances. Your questions are paraphrased and answered as follows:

Q1. A bulk bin of solid hazardous waste material meeting the EPA toxicity waste characteristic (i.e., D008) due to the presence of lead also contains friable asbestos (i.e., a material included among the list of hazardous substances) in an amount less than the reportable quantity. The asbestos is not an EPA hazardous waste. Must the basic description of the hazardous material account for the friable asbestos?

A1. Yes, the shipper of this material must account for the asbestos. Asbestos in friable form is listed in the § 172.101 Hazardous Materials Table (HMT) as a material that presents a hazard during transportation. Therefore, based on the information provided, either "NA3077, Hazardous waste, solid, n.o.s., (D008), 9, PG III, (contains asbestos)" or "UN3077, Waste environmentally hazardous substance, solid, n.o.s., (D008, asbestos), 9, PG III" are examples of descriptions that could be used for the material.

Q2. What would be the correct basic description if the solid hazardous waste (i.e., D008) material contained lead and friable asbestos in reportable quantities? Both lead and asbestos are listed as hazardous substances in Table 1 to Appendix A of the § 172.101 HMT?

A2. The shipper must still account for the asbestos. Based on the information provided, "NA3077, Hazardous waste, solid, n.o.s., (D008), 9, PG III, RQ (lead, asbestos)" or "UN3077, Waste environmentally hazardous substance, solid, n.o.s., (D008), 9, PG III, RQ (lead, asbestos)" are examples of descriptions that could be used for the material. Special provision 8 limits use of the proper shipping name "Other regulated substances, n.o.s." to hazardous substances that are not also hazardous wastes, therefore, even though the asbestos itself is not a hazardous waste, because it is contained in the solid hazardous waste material, "Other regulated substances, n.o.s." is not an appropriate shipping description. See § 172.102(c)(1).

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely,

Ben Supko

Acting Chief, Standards Development

Standards and Rulemaking Division

172.101, 172.102(c)(1)

Regulation Sections