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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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