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Interpretation Response #07-0024 ([Veolia ES Technical Solutions, L.L.C.] [Ms. Jennifer Eberle])

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

Interpretation Response Details

Response Publish Date:

Company Name: Veolia ES Technical Solutions, L.L.C.

Individual Name: Ms. Jennifer Eberle

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 20, 2007

Ms. Jennifer Eberle                                          Reference No. 07-0024

Veolia ES Technical Solutions, L.L.C.

One Eden Lane

Flanders, NJ 07836

Dear Ms. Eberle:

This is in response to your February 6, 2007 letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) related to 1) the appropriate hazardous materials description for a lab pack of waste materials prepared in accordance with § 173.12(b); and 2) the classification of subsidiary hazards for hazardous materials that do not have those subsidiary hazards listed in Column 6 of the § 172.101 Hazardous Materials Table (HMT) in association with the appropriate hazardous materials description.

Your questions are paraphrased and answered as follows:

Q1. Does the prohibition for packaging a Division 6.1 Packaging Group I material under § 173.12(b)(3) apply to a waste material that has a Division 6.1 Packing Group I subsidiary hazard (e.g., Waste Hydrofluoric acid, 8 (6.1), UN1790, PG I)?

Al. Yes. Section 173.12(b)(3) lists waste materials that may not be packaged or described under paragraph (b) including a Division 6.1 Packing Group I material. Regardless of the waste material classification as primary or subsidiary, a waste material meeting the definition of Division 6.1 Packing Group I is prohibited from being packaged or described under paragraph (b).

Q2. Is it assumed that the packing group assignment for the subsidiary hazard(s) listed in Column 6 of the HMT is the same as the packing group for the primary hazard of the material?

A2. In accordance with the precedence of hazard table in § 173.2a (b), the most stringent packing group assigned to a hazard of the material takes precedence over other packing groups. For example, a material meeting Class 3 PG II and Division 6.1 PG I is classified as Class 3 PG I.

Q3. May one hazardous materials description be used to describe a lab pack prepared in accordance with § 173.12(b) that contains multiple waste materials of the same hazard class (e.g., "Waste flammable liquid, toxic, corrosive, n.o.s., 3, (6.1, 8), UN3286, PG II used to describe a lab pack containing "Waste flammable liquids, n.o.s., 3, UN1993, PG II;" "Waste flammable liquids, toxic, n.o.s., 3 (6.1), UN1992, PG II;" and "Waste flammable liquids, corrosive, n.o.s., 3 (8), UN2924, PG II")?

A3. A generic description from the HMT may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging. Chemically compatible materials having the same primary hazard class, but different subsidiary hazard classes, and not otherwise prohibited by § 173.12(b)(3), may be packaged together in the same outside packaging.

The generic description, "Waste flammable liquid, toxic, corrosive, n.o.s., 3 (6.1, 8), UN3286, PG II," is an acceptable generic description for materials shipped in a lab pack when all the subsidiary hazards are present. However, when materials being hipped in a lab pack have only the toxic or corrosive subsidiary hazards present, the generic descriptions, "Waste flammable liquids, toxic, n.o.s." or "Waste flammable liquids, corrosive, n.o.s." must be selected, as appropriate. Note that only those waste materials defined as hazardous waste in § 171.8 may be described with a proper shipping name that includes the word "waste."

Q4. May additional subsidiary hazards be included in the shipping description even though the hazards are not shown in Column 6 of the HMT for a particular hazardous materials description?

A4. If it is specifically determined that a material meets the defining criteria for a subsidiary hazard that is not shown in Column 6 of the HMT for a hazardous materials description, the subsidiary hazard class or division number must be identified on the shipping paper in accordance with § 172.202(a)(2).

Q5. Is it correct to include a Class 7 subsidiary hazard in the shipping description for a material that meets the definition of multiple hazards including a limited quantity Class 7 radioactive material?

A5. Yes. SeeA4.

Q6. When classifying a material with more than one hazard in accordance with § 173.2a, should subsidiary hazards be considered?

A6. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the HMT. Section 172.1O1(c)(12)(iii) states that if a material meets the definition of more than one hazard class and is not specifically identified by name in the HMT, then the hazard class of the material must be determined using the precedence criteria specified in § 173.2i. To properly class a mixture containing hazardous components, you must analyze and test the entire mixture to determine its primary hazard class and if it poses any subsidiary hazards. Please note that the mixture you describe in your letter may or may not exhibit the hazards of one or all of its components.


John A. Gale

Chjp1Standards Development

Office of Hazardous Materials Standards

172.101, 173.12(b), 173.22

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.12 Exceptions for shipment of waste materials
173.22 Shipper's responsibility