Interpretation Response #98-0512 ([Waste Management, Inc.] [Mr. Daniel L. Duncan])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Waste Management, Inc.
Individual Name: Mr. Daniel L. Duncan
Location State: IL Country: US
View the Interpretation Document
Response text:
APR 2, 1998
Mr. Daniel L. Duncan
Waste Management, Inc.
3003 Butterfield Road
Oak Brook, IL. 60521
Dear Mr. Duncan:
This is in response to your letter of April 3, 1997, asking if your company can reclassify explosives and forbidden materials that were treated to reduce the explosive characteristic without subjecting them to the requirements for testing a new explosive contained in 49 CPR 173.56. You stated your company combines these materials with agents and reduces the concentration of the hazardous material in the mixture to a range of 1-10%, which you state your company has determined is classified as either a Division 4.1 material or the material is diluted to the point where it no longer exhibits explosive characteristics.
The answer is no. In accordance with § 173.124(a)(1), desensitized mixtures of explosive materials, other than those specifically listed in the Hazardous Materials Table (§ 172.101), must be classed and approved by the Office of Hazardous Materials Exemptions and Approvals under the terms of an approval or an exemption. Whether a diluted (desensitized) explosive substance is classified in Division 4.1 depends on data obtained following examination by a qualified laboratory and procedures specified in § 173.56.
I hope this information is helpful. If we can assist you further, please contact us.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards