Interpretation Response #00-0303 ([Currie Associates, Inc.] [Mr. John V. Currie])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Currie Associates, Inc.
Individual Name: Mr. John V. Currie
Location State: NY Country: US
View the Interpretation Document
Response text:
November 7, 2000
Mr. John V. Currie Ref. No. 00-0303
President
Currie Associates, Inc.
11 18 Bay Road
Lake George, New York 12845-4618
Dear Mr. Currie:
This is in response to your letter dated October 14, 2000, regarding the definition of a hazardous substance. Specifically, you ask if a shipment of natural earth with deposits of mineral ores that contain arsenic trisulfide meets the definition of a hazardous substance in 49 CFR 171.8.
In your letter, you state that your client is mining an ore that contains 3 to 4 percent arsenic trisulfide and transporting it in "large dump trucks and dump trailers." You state that these vehicles often transport several tons of the ore in a single shipment.
Under § 171.8, a hazardous substance is defined as a material, including its mixtures and solutions, that: (1) is listed in Appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which equals or exceeds its reportable quantity (RQ); and (3) is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the table under § 171.8.
Arsenic trisulfide has an RQ of one pound. Therefore, a package (e.g., a dump truck or a dump trailer) containing 33.33 pounds or greater of an ore that is 3 to 4 percent arsenic trisulfide would meet the definition of a hazardous substance and would be subject to Hazardous Materials Regulations (49 CFR Parts 171-180).
I hope this satisfies your request.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
172.101
Regulation Sections
| Section | Subject |
|---|---|
| 172.101 | Purpose and use of hazardous materials table |