Interpretation Response #05-0247 ([Vanderbilt Chemical Corporation] [Mr. Joe Curtis])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Vanderbilt Chemical Corporation
Individual Name: Mr. Joe Curtis
Location State: KY Country: US
View the Interpretation Document
Response text:
Jun 9, 2006
Mr. Joe Curtis Reference No. 05-0247
Vanderbilt Chemical Corporation
Murray Division
396 Pella Way
Murray, Kentucky 42071
Dear Mr. Curtis:
This is in response to your letter and telephone call with a member of my staff concerning how to classify and describe “Zinc, bis(dimethylcarbamodithioato-S,S’)” and waste code “K161,” which are each listed by the Environmental Protection Agency (EPA) as a hazardous substance under 40 CFR 302.4 but not listed as a hazardous substance under § 172. 101, Appendix A, of the U.S. Department of Transportation’s Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and any inconvenience this may have caused.
You state your company manufactures zinc, bis(dimethylcarbarnodithioato-S,S’ in pure form as a Division 6.1 (toxic) PG I material. This material is combined in various proportions with other ingredients to produce other Division 6.1, PG II or PG III, or Class 9 (miscellaneous PG III materials. A “K161” waste is generated from manufacturing these and other materials in the same chemical family. The EPA regulations in 40 CFR 302.4 currently list both zinc, bis(dimethylcarbamodithioato-S,S’) and the K161 waste materials as having a reportable quantity of 1 pound (0.454 kg). You state your company’s products containing these materials will exceed their EPA reportable quantity when in transit, and ask if you may describe them as follows:
RQ, Toxic, solid, inorganic, n.o.s. (zinc, bis(dimethylcarhamodithioato-S,S’)), 6.1, UN 2811, PGI;
RQ, Pesticide, solid, toxic, n.o.s., (zinc, bis(dimethylcarhamodithioato-S,S’)), 6.1, UN 2811, PGI; and
RQ, Environmentally hazardous substances, solid, n.o.s., (zinc, bis
(dimethylcarbamodithioato- S,S’)), 9, UN 3077, PG III.
If the above proper shipping descriptions correspond with the appropriate hazard class and Packing Group of the materials, the descriptions can be used but without the “RQ” designation. Section 172.203(c)(2) of the HMR restricts the use of the “RQ” designation to hazardous substances defined in § 171.8 and listed under § 172.101, Appendix A. Solid materials containing K161 waste that are subject to the EPA’s hazardous waste manifest requirement specified in 40 CFR Part 262, do not meet the definition of any other hazard class under the HMR, and are not a hazardous substance or marine pollutant may be described as “Hazardous waste, solid, n.o.s. (K161), 9, NA 3077, PG III,” in domestic transportation. In international transportation, K161 waste being offered or intended for transport into or through the United States, must be described as “Waste Environmentally hazardous substances, solid, n.o.s. (K161), 9, UN 3077, PG III. See Special Provision 147 in § 172.102. Additional information about these materials may be entered on the shipping paper provided the information is not inconsistent with the required shipping description. See §§ 172.201(a)(4) and 172.202.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.101 Appendix A