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Interpretation Response #08-0191R ([Magna Corporation] [Mr. Devon Schwalm])

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

Interpretation Response Details

Response Publish Date:

Company Name: Magna Corporation

Individual Name: Mr. Devon Schwalm

Location State: MI Country: US

View the Interpretation Document

Response text:

June 23, 2009

 

 

Mr. Devon Schwalm, CHMM

Magna Corporation

39600 Lewis Drive Suite 2000

Novi, Michigan 48377



Ref. No. 08-0191R

Dear Mr. Schwalm:

This further responds to your July 22, 2008 letter requesting clarification of the hazardous substance requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked for guidance on determining whether an Environmental Protection Agency (EPA) hazardous waste is a DOT hazardous substance if the hazardous constituents are known and not listed in Appendix A to § 172.101.

After additional consideration of the questions in your July 22, 2008 letter and discussions with EPA staff, we are withdrawing our October 30, 2008 letter. We are replacing the interpretation provided in that letter with the following information concerning the process for determining whether an EPA hazardous waste is a hazardous substance when hazardous constituents are not listed in Appendix A to § 172.101 ("Appendix A") for purposes of the HMR.

Appendix A, which lists materials and their associated reportable quantities (RQs), is identical to EPA"s listing of hazardous substances and RQs in 40 CFR Table 302.4. EPA lists or designates hazardous substances and assigns an RQ to the hazardous substance where applicable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA) for the purpose of reporting a release or discharge of these hazardous substances into the environment (see 42 U.S.C. 9602; 33 U.S.C. 1321). CERCLA section 306(a) also requires DOT"s Pipeline and Hazardous Materials Safety Administration (PHMSA) to list EPA hazardous substances and regulate them as hazardous materials. For purposes of the HMR, a material listed in Appendix A is regulated as a hazardous material and a hazardous substance if it meets the definition of a hazardous substance in § 171.8.

Appendix A includes materials which are listed by name and by waste stream. The waste streams, as designated by EPA, include unlisted hazardous wastes that are assigned an EPA hazardous waste number based on exhibiting any of the characteristics of a hazardous waste identified in 40 CFR 261. These characteristic hazardous wastes are designated as CERCLA hazardous substances. For example, an unlisted waste that exhibits the characteristic of ignitability is assigned the EPA hazardous waste number D001. The release of mixtures or solutions (including hazardous waste streams) of hazardous substances is subject to EPA notification requirements in accordance with 40 CFR 302.6(b)(1). In addition to the conditions for notification of a release of a mixture and solution, EPA has advised that, for example, an unlisted hazardous waste that exhibits the characteristic of ignitability (i.e., a D001 waste) that is not otherwise listed at 40 CFR Table 302.4 is subject to notification requirements based on the 100 pound RQ for D001 waste. Your questions are paraphrased and answered as follows:

Q1. I am transporting a drum (400 lbs.) of spent isopropanol (50%) and ethanol (50%). The hazardous waste is a DOT Class 3 (flammable liquid) and is assigned EPA waste number D001 (RQ = 100 lbs.). Since the waste constituents and the concentrations are known, this hazardous material is not a hazardous substance since isopropanol and ethanol are not listed in Appendix A. Is this correct?

A1. No. Although neither isopropanol nor ethanol is listed in Appendix A, if the mixture exhibits the hazardous waste characteristic of ignitability under 40 CFR 261.21, it is a D001 waste with an RQ of 100 pounds. When the quantity of the material in the drum equals or exceeds the RQ of 100 pounds, the material is a hazardous substance for HMR purposes.

Q2. I am transporting a drum (400 lbs.) of spent isopropanol and ethanol. The hazardous waste is a DOT Class 3 (flammable liquid) and is assigned EPA waste number D001 (RQ = 100 lbs.). Since the waste constituents are known and even though the concentrations are not known, this hazardous material is not a hazardous substance since isopropanol and ethanol are not listed in Appendix A. Is this correct?

A2. See A1.

Q3. I am transporting a drum (400 lbs.) of a mixture of spent isopropanol, ethanol, and methanol. The hazardous waste is a DOT Class 3 (flammable liquid) and is assigned EPA waste numbers D001 (RQ = 100 lbs.) and F003 (RQ = 100 lbs.). Since all the waste constituents are known and even though the concentrations are not known, this hazardous material is not a hazardous substance since isopropanol and ethanol are not listed in Appendix A and the amount of methanol in the drum is less than the RQ for methanol (5,000 lbs.). Is this correct?

A3. No. Although neither isopropanol nor ethanol is listed in Appendix A and methanol is listed in Appendix A, if the hazardous material exhibits the hazardous waste characteristic of ignitability under 40 CFR 261.21, it is a D001 waste with an RQ of 100 pounds. Since none of the concentrations are known, the lowest RQ must be used to determine whether the material is a hazardous substance. When the quantity of the material in the drum equals or exceeds the RQ of 100 pounds, the material is a hazardous substance for HMR purposes. We note that according to EPA hazardous waste



requirements, a mixture of spent isopropanol, ethanol, and methanol would not be assigned EPA waste number F003.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Edward T. Mazzullo

Director

Office of Hazardous Materials Standards

172.101, 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.101 Purpose and use of hazardous materials table