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Interpretation Response #07-0113 ([Waste Technology Services, Inc.] [T.L. Nebrich. Jr., CHMM, QEP. REM])

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

Interpretation Response Details

Response Publish Date:

Company Name: Waste Technology Services, Inc.

Individual Name: T.L. Nebrich. Jr., CHMM, QEP. REM

Location State: NY Country: US

View the Interpretation Document

Response text:

Jul 19, 2007

T.L. Nebrich. Jr., CHMM, QEP. REM                 Reference No. 07-0113

Technical Director

Waste Technology Services, Inc.

435 North 2nd Street

Lewiston, NY 14092

Dear Mr. Nebrich:

This is in response to your June 11. 2007 letter concerning the correct sequence for a basic description of a hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The sequence of the description was revised in a final rule issued under Docket No. PHMSA-06-25476 HM-215I; 71 FR 78596) to begin with the UN identification number. Specifically, you ask if the HMR require the letters "RQ" for reportable quantity and the word "Waste" for a hazardous waste, as these terms are defined in § 171.8 of the HMR, to be placed before the proper shipping description or proper shipping name on shipping papers and markings to indicate the presence of these materials in a package.

Effective January 1, 2007, a hazardous material's basic description under the HMR consists of the UN identification number, proper shipping name, hazard class, and, when applicable, assigned packing group, in that order. See § 172.202(b). However, the transitional provisions under § 171.14(e) permit the shipping description sequence in effect on December 31. 2006, which places the UN identification number after the hazard class, to be used until January 1, 2013. If a material meets the definition of a hazardous waste under § 171.8, and the word "waste" is not included as part of the proper shipping name for the material in Column 2 of the Hazardous Materials Table ( 172.101 Table), § 172.101 (c)(9) requires that the word "Waste" appear before the proper shipping name on a shipping paper. If a hazardous material meets the definition of a hazardous substance under § 171.8, § 172.203(c)(2) requires that the letters "RQ" appear before or after the proper shipping description on a shipping paper to denote the package contains a reportable quantity of this material. Therefore, shipping descriptions containing these notations may appear as follows:

For a waste:

Effective 1/1/2007:                   UN 1790, Waste Hydrofluoric acid, 8, PG II

Permitted until 1/1/20 13:          Waste Hydrofluoric acid, 8, UN 1790, PG II

For a hazardous substance:

Effective 1/1/2007:                   RQ, UN 1790, Hydrofluoric acid, 8. PG II

UN 1790, Hydrofluoric acid, 8, PG II, RQ

Permitted until 1/1/2013:           RQ, Hydrofluoric acid, 8, UN 1790, PG II

Hydrofluoric acid, 8, UN 1790, PG II, RQ

For both a hazardous waste and hazardous substance:

Effective 1/1/2007:                   RQ, UN 1790, Waste Hydrofluoric acid. 8, PG II

UN 1790, Waste Hydrofluoric acid, 8, PG II, RQ

Permitted until 1/1/20 13:          RQ, Waste Hydrofluoric acid, 8, UN 1790, PG II

Waste Hydrofluoric acid, 8, UN 1790, PG II, RQ

The marking requirements for the RQ and Waste notations remain unchanged. Restated here for your reference, § 172.324(b) requires a non-bulk package containing a hazardous substance to be marked with the letters "RQ." If the proper shipping name does not identify the hazardous substance(s) by name, § 172.324(a) requires that the package be marked with the name of the hazardous substance, or if there are two or more, the names of the two hazardous substances with the lowest reportable quantities in parentheses in association with the proper shipping name. The words "in association with" means that these names may follow the basic description of the hazardous material in any reasonable format, provided it is clearly part of the entry. Under § 172.101(c)(9), the word "Waste" must appear before the proper shipping name as part of the package marking if the word "waste" is not part of the material's proper shipping name in Column 2 of the § 172.101 Table.

I hope this satisfies your request.

Sincerely,

Susan Gorsky

Regulations Officer

Office of Hazardous Materials Standards

171.8, 172.202(b), 172.203, 172.101

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.101 Purpose and use of hazardous materials table
172.202 Description of hazardous material on shipping papers
172.203 Additional description requirements