Interpretation Response #05-0260 ([Environmental Waste Specialists, Inc] [Ms. Elizabeth E. Novak])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Environmental Waste Specialists, Inc
Individual Name: Ms. Elizabeth E. Novak
Location State: VA Country: US
View the Interpretation Document
Response text:
Nov 4, 2005
Ms. Elizabeth E. Novak Reference No. 05-0260
Environmental Waste Specialists, Inc.
14100 Sullyfield Circle, Suite 400
Chantilly, VA 20151
Dear Ms. Novak:
This is in response to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of asbestos contained in manufactured products.
Your interpretation of the HMR regarding the exceptions for the shipment of asbestos is correct. As provided in § 172.102, Special Provision 156, asbestos contained in manufactured articles, (for example, vinyl floor tiles or roofing papers), or immersed or fixed in a natural or artificial binder material (for example, cement or asphalt) is not subject to the HMR.
You also ask whether these materials, if non-regulated, require a shipping description and package marking. The answer is no. Moreover, packages containing materials that are not subject to the HMR may not be marked, certified, or otherwise represented as a hazardous material when a hazardous material is not present (see § 171.2(k)).
I hope this information is helpful. Please contact this office if you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.102 SP 156