Interpretation Response #06-0039R ([Shane Havoc Consulting, LLC] [Dr. Gregory J. Sutherland])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Shane Havoc Consulting, LLC
Individual Name: Dr. Gregory J. Sutherland
Location State: SC Country: US
View the Interpretation Document
Response text:
December 3, 2009
Dr. Gregory J. Sutherland
Shane Havoc Consulting, LLC
1905 English Ivy Ct.,
Mt. Pleasant, SC 29464
Ref. No. 06-0039R
Dear Dr. Sutherland:
This is in further reference to our March 23, 2006 response of your February 5, 2006 letter requesting clarification regarding the appropriate proper shipping name for your material as specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your client's material that is being shipped to an EPA approved TSDF facility, which does not meet the definition of any hazard class except Class 9 for hazardous waste, may be shipped in its original (non-specification) packaging and described as "Environmentally Hazardous Substances, Liquid, n.o.s. (D002), 9, UN 3082, PG III." In this letter we are clarifying the acceptable shipping descriptions.
Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the Hazardous Materials Table (HMT). Based on the information provided in your letter and to a member of my staff, it is the opinion of this office that the material may be described as either "UN 3082, Environmentally Hazardous Substances, Liquid, n.o.s. (D002), 9, PG III" or "NA 3082, Hazardous Waste, Liquid, n.o.s (D002), 9, PG III" for domestic transportation. The material may be offered for transportation in non-bulk packaging in accordance with § 173.203. Section 173.203 does not authorize non specification packagings; therefore, the original packaging may not be used.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.22
Regulation Sections
| Section | Subject |
|---|---|
| 173.22 | Shipper's responsibility |