Interpretation Response #03-0030 ([Department of the Army] [Mr. Patrick M. Haas, P.E.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Department of the Army
Individual Name: Mr. Patrick M. Haas, P.E.
Location State: IN Country: US
View the Interpretation Document
Response text:
Jun 16, 2003
Mr. Patrick M. Haas, P.E. Ref. No.: 03-0030
Department of the Army
Newport Chemical Agent Disposal Facility
Newport Field Office
P. O. Box 519
Newport, Indiana 47966
Dear Mr. Haas:
This responds to your letter regarding classification of a hazardous waste mixture that separates into two phases during transportation in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We apologize for the delay in responding and hope it has not caused any inconvenience.
The hazardous waste is a mixture of corrosive and flammable components. As generated, the hazardous waste is vigorously mixed and has a flash point of more than 200•F. When the waste is not well mixed, an organic phase separates from the aqueous phase. The aqueous phase comprises 95-98% of the total waste mixture and has a pH of 13.5. The upper organic phase, a mixture of various organic compounds, begins forming shortly after the waste is generated and continues forming during transportation. This organic phase comprises 2-5% of the total waste mixture, and-has a flash point of approximately 120•F.
You did not provided sufficient information (e.g., the packing group(s)) associated with the hazardous waste mixture, which is necessary in determining the ranking of hazards for dual hazard materials. As you are aware, it is the shipper's responsibility to properly classify a hazardous material in accordance with the HMR.
For the hazardous waste described above, both the corrosive and flammable characteristics must be taken into account when determining the proper class/division and proper shipping description. The proper class of the mixture must be determined in accordance with the precedence of hazard table in § 173.2a(b) based on the hazard classes and packing groups met. The hazardous waste must be described on a Uniform Hazardous Waste Manifest and contain a shipper's certification statement as prescribed in § 172.204. (See §§ 172.202, 172.203(k), 172.204(a)(l) and (2), and 172.205).
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Delmer F. Billings
Chief, Standards Division
Office of Hazardous Materials Standards
172.101c