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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
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.


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


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table