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Interpretation Response #00-0081 ([HAZMATEAM, Inc.] [Mr. Leo Traverse])

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

Interpretation Response Details

Response Publish Date:

Company Name: HAZMATEAM, Inc.

Individual Name: Mr. Leo Traverse

Location State: NH Country: US

View the Interpretation Document

Response text:

April 5, 2000

Mr. Leo Traverse                Ref. No. 00-0081
HAZMATEAM, Inc.
12 Kimball Hill Road
Hudson, NH 03051

Dear Mr. Traverse:

This responds to your two  letters, both dated January 19, 2000, concerning the transportation of hazardous waste under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask about the applicability of the HMR to the transportation of certain universal wastes, as defined by the Environmental Protection Agency (EPA).  Your questions are paraphrased and answered below.

Ql.    Will universal waste mercury-containing devices or pesticides containing Chlordane be subject to the HMR at the point where the transportation vehicle picks up the packages from a municipality for transportation to a recycling or disposal facility?  Transportation will be by highway, vessel, or air.

Al.     As specified in §171.1, the HMR govern the safe transportation of hazardous materials in commerce.  The phrase "in commerce" means in furtherance of a commercial enterprise.  A state agency or local jurisdiction that transports hazardous materials for governmental purposes using its own personnel is not engaged in transportation in commerce and, therefore, is not subject to the HMR.  However, if the state agency or local jurisdiction transports hazardous materials for a commercial purpose or offers a hazardous material for transportation to a commercial carrier, then the HMR apply.

         You are correct that universal wastes generally are not regulated as hazardous wastes under the HMR because they are not subject to EPA's Hazardous Waste Manifest requirements. However, a universal waste that meets the definition of a specific hazard class or that is listed as a hazardous substance in Appendix A to §172.101 is subject to the HMR.  Thus, Chlordane is subject to the HMR as a Class 3 (flammable liquid) material even when it is being offered for transportation or transported under exceptions provided in 40 CFR 273.3 for a universal waste.  Similarly, the mercury-containing devices are subject to requirements in the HMR as a hazardous substance if the amount of mercury contained in a package is one pound or more.
In the scenario you describe, if a municipality uses its own employees to transport Chlordane or mercury-containing devices to a recycling or disposal facility, then the shipment is not subject to the HMR.  However, if the municipality uses a commercial carrier to transport Chlordane or mercury-containing devices, then the shipment is subject to the HMR.

Q2.     Will universal waste mercury-containing devices or pesticides containing Chlordane be subject to the HMR at the point where the transportation vehicle picks up the packages from a manufacturing company or farm store for transportation to a recycling or disposal facility?  Transportation will be by highway, vessel, or air.

A2.      See the answer to Question 1. If  the Chlordane or mercury-containing devices are transported from the manufacturing facility or farm store by employees of the municipality for governmental purposes -- as part of a government program for recycling and disposal, for example -- then the shipment is not subject to the HMR.  However, if the shipment is transported by a commercial carrier, then it is subject to the HMR.

Q3.      Two containers of mercury devices are to be shipped from a municipality to a commercial recycling facility by a commercial carrier.  Container I has 46 mercury switches, each containing IO grams of mercury.  Total net weight of mercury in Container I is 460 grams.  Container 2 contains barometers, manometers, and similar equipment.  The package weighs 50 lbs and the articles inside exceed I lb of mercury net capacity each.  Although mercury is regulated under the HMR for water and air transportation only, mercury is a hazardous substance with a Reportable Quantity of 454 grams (1 lb).  Is ARQ, mercury, 8, UN 2809, PG III@,  the appropriate shipping description for these containers?

A3.      Yes.  Note, however, that the relevant entry in the Hazardous Materials Table in §172. 1 01 is "mercury contained in manufactured articles." As indicated by the letter "A" in Column 1, mercury contained in manufactured articles is subject to the HMR when transported by air.  It is regulated for other modes of transportation only when it meets the definition of a hazardous substance or hazardous waste.

Q4.      Several boxes of universal wastes containing Chlordane have been collected by a municipality.  These containers are to be shipped to a commercial disposal facility by commercial carrier.  Chlordane is a pesticide with an oral LD 50 of 367 mg/kg and a flashpoint of 10 F(CC). Chlordane is a hazardous substance with an RQ of 454 grams (1 lb).  In addition, Chlordane is a marine pollutant.  For highway and air shipments, is ARQ, pesticide, liquid, flarrinable, toxic, n.o.s., 3, 6.1, UN 3021, PG 11 (Chlordane), 4,7-methano-1 H-indene- l,2,3,4,5,6,7,7a,8,8-­octochloro-2,3,3a,4,7,7a-hexahydro-(cas9C 1)@ the appropriate shipping description?  For vessel, is ARQ, pesticide, liquid, flammable, toxic, n.o.s., 3, 6. 1, UN 3021,  PG II (Chlordane, 4,7-methano-1 H-indene-1,2,3,4,5,6,7,7a,8,8-octochloro-2,3,3a,4,7,7a- hexahydro-(cas9CI) (marine pollutant)@ the appropriate shipping description?

A4.     Yes.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions