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Interpretation Response #05-0205 ([Gallagher & Kennedy] [Mr. Chris S. Leason])

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

Interpretation Response Details

Response Publish Date:

Company Name: Gallagher & Kennedy

Individual Name: Mr. Chris S. Leason

Location State: AZ Country: US

View the Interpretation Document

Response text:

Jun 6, 2006


Mr. Chris S. Leason                      Reference No. 05-0205
Attorney at Law
Gallagher & Kennedy
2575 East Camelback Road
Phoenix, AZ 85016-9225

Dear Mr. Leason:

This is in response to your letter and telephone conversation with a member of my staff asking on behalf of your client whether or not “Copper sulfate pentahydrate,” which contains hydrated cupric sulfate, must be designated as a hazard substance or hazardous material when offered for transportation in commerce under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state copper sulfate in its anhydrous form, “Cupric sulfate,” is a hazardous substance with a reportable quantity (RQ) of 10 pounds (4.54 kg). You did not provide a material safety data sheet for the mixture or specify the concentration of cupric sulfate it contained. We apologize for the delay in responding and any inconvenience this may have caused.

Under § 173.22 of the HMR, it is the shipper’s responsibility to properly classify a hazardous material. This office does not perform that function. Under § 171.8, a hazardous substance (other than a radionuclide) 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) listed in appendix A to 172.101 of the HMR; and (3) when in a mixture or solution, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in § 171.8. Based on the information you provided, it is our opinion that your client’s material may meet the definition of a hazardous substance when the mixture in one package contains 10 pounds or more of cupric sulfate at a concentration of 0.02 percent (200 PPM) or higher.

If your client determines the mixture is a hazardous substance that does not meet the definition of any other hazard class specified in § 171.8, it may be described as ‘RQ Environmentally hazardous substances, solid, n.o.s. (cupric sulfate), 9, UN 3077, III” for shipment in the United States. If the mixture meets the definition of any other hazard class, the HMR requirements applicable to each hazard class it contains must be met.

If your client’s mixture does not meet the RQ for cupric sulfate, and does not meet the definition of any other HMR hazard class, it is not regulated under the HMR.

I hope this satisfies your request.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.101, 173.22

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.22 Shipper's responsibility