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Interpretation Response #05-0247R ([Vanderbilt Chemical Corporation Murray Division] [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 Murray Division

Individual Name: Mr. Joe Curtis

Location State: KY Country: US

View the Interpretation Document

Response text:

December 3, 2009




Mr. Joe Curtis

Vanderbilt Chemical Corporation

Murray Division

396 Pella Way

Murray, Kentucky 42071

Reference No. 05-0247R

Dear Mr. Curtis:

This is in further reference to our June 9, 2006 response to your letter and telephone conversation 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). In this letter, we are clarifying the acceptable shipping descriptions and correcting a referenced special provision.

You state your company manufactures zinc, bis (dimethylcarbamodithioato-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 (dimethylcarbamodithioato-S,S')), 6.1, UN 2811, PG I;

RQ, Pesticide, solid, toxic, n.o.s., (zinc, bis (dimethylcarbamodithioato-S,S')), 6.1, UN 2811, PG I; 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 "NA 3077, Hazardous waste, solid, n.o.s. (K161), 9, PG III," or "UN 3077, Waste Environmentally hazardous substances, solid, n.o.s. (K161), 9, PG III. In addition, the latter description may be used for international transportation. Also see Special Provision 146 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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.101, 172.203,172.102 SP146

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
172.203 Additional description requirements