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Interpretation Response #07-0062 ([Wisconsin Department of Natural Resources] [Ms. Gretchen S. Wheat])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wisconsin Department of Natural Resources

Individual Name: Ms. Gretchen S. Wheat

Location State: WI Country: US

View the Interpretation Document

Response text:

May 7, 2007


Ms. Gretchen S. Wheat                   Reference No. 07-0062

Bureau of Waste and Materials Management

Wisconsin Department of Natural Resources

101 South Webster St.

Madison, WI  53707-7921

Dear Ms. Wheat:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR 49 CFR. Parts 181-180) as they pertain to the transportation of asbestos. Your questions are paraphrased and responded to as follows:

Q1.      Is friable asbestos packed in quantities of one pound or more subject to the HMR?

A1.      Yes. Friable asbestos is subject to the HMR as a Class 9 material regardless of quantity. Friable asbestos is listed as a hazardous substance in Table 1 of Appendix A of the § 172.101 Hazardous Materials Table with a reportable quantity (RQ) of one pound per package. If the asbestos meets the RQ (one pound per package), then the material is also regulated as a hazardous substance.

Q2.      Is non-friable asbestos subject to the HMR?

A2.      No.

Q3.      Do the registration requirements apply to a person who transports friable asbestos in a hulk package with a capacity greater than 468 cubic feet?

A3.      Yes.

Q4.      Do the registration requirements apply to a person who transports friable asbestos in a non-bulk package if the shipment has a gross weight of at least 5.000 pounds, or contains more than one class of hazardous materials for which placarding is required?

A4.      Yes.

With regard to your question concerning whether the HMR apply only to regulated asbestos contaminated material (RACM) as defined under the National Emission

Standards Hazardous Air Pollutants (NESHAP), the HMR apply to all friable asbestos. If the asbestos can be crumbled or pulverized to a powder through hand pressure, or if the asbestos will become friable during transportation, it is regulated as a Class 9 material. (Also, see § 172.102, Special Provision 156 for exceptions.)

I hope this information is helpful. If you have additional questions, please contact this office.



Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.102 Sp 156, 173.6

Regulation Sections

Section Subject
107.601 Applicability
172.102 Special provisions
173.6 Materials of trade exceptions