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Interpretation Response #08-0259 ([Entergy Corporation] [Mr. Bob Hayden])

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

Interpretation Response Details

Response Publish Date:

Company Name: Entergy Corporation

Individual Name: Mr. Bob Hayden

Location State: LA Country: US

View the Interpretation Document

Response text:

December 3, 2008




Mr. Bob Hayden

Environmental Management

Entergy Corporation

2121 38th Street

Kenner, Louisiana 70065

Ref. No. 08-0259

Dear Mr. Hayden:

This responds to your request for clarification of the procedures to be used when determining whether a mixture or solution meets the definition of a hazardous substance under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an item of oil filled electrical equipment (OFEE) that contains approximately 100 gallons of a non-hazardous mineral oil and may be contaminated with up to 500 ppm of polychlorinated biphenyl liquid (PCB) is regulated as a hazard substance under the HMR. The contaminated oil weighs approximately 7 pounds per gallon.

The answer is no. For the purposes of the HMR, a hazardous substance is a material, including its mixtures or solutions that: (1) is listed in Appendix A to the Hazardous Materials Table (HMT) in § 172.101; (2) is in a quantity in one package that meets or exceeds the reportable quantity (RQ) list in Appendix A; and (3) when in a mixture or solution, is in a concentration by weight that equals or exceeds the concentration corresponding to the RQ of the material shown in the table in § 171.8. As indicated in Appendix A to the HMT, the reportable quantity for PCB material is one pound. It would take 270 gallons of a solution weighing 7 pounds per gallon containing 500 ppm of PCB material to meet or exceed the RQ of one pound (7 X 270 = 1890; 1890 X .05 % = 0.945). The maximum amount of contaminated oil in the OFEE you offer for transportation is 100 gallons.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

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