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Interpretation Response #10-0172 ([Forth Infrastructure & Environment, LLC] [Ms. Michele L. Frozena])

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

Interpretation Response Details

Response Publish Date:

Company Name: Forth Infrastructure & Environment, LLC

Individual Name: Ms. Michele L. Frozena

Location State: WI Country: US

View the Interpretation Document

Response text:

October 1, 2010





Ms. Michele L. Frozena

Forth Infrastructure & Environment, LLC

2737 South Ridge Road, Suite 600

P.O. Box 12326

Green Bay, WI 54307-2326

Ref. No.: 10-0172

Dear Ms. Frozena:

This responds to your letter dated August 16, 2010 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if "Waste combustible liquid, N.O.S., NA 1993, III" is the appropriate shipping description for a waste mixture that contains xylene (F003), methylene chloride (F002), and toluene (F005), and has a flashpoint between 190 and 200 degrees Fahrenheit; or, whether the waste material should be described as a Class 9 (miscellaneous) material.

A "combustible liquid" (see § 173.120(b)(1)) is defined as a material that has a flash point above 60.5 degrees Celsius (141 degrees Farenheit) and below 93 degrees Celsius (200 degrees Farenheit) that does not meet the definition of any other hazard class under the HMR. A "hazardous waste" (see § 171.8) is defined as a material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262.

Section 173.2a describes how to properly class a material having more than one hazard. In accordance with § 173.2a, the combustible liquid hazard takes precedence over a Class 9 (miscellaneous) hazard. Further, the word "waste" must precede the proper shipping name for a material that meets the definition of a "hazardous waste" (see § 172.101(c)(9)). A material properly classed and described as "Waste combustible liquid, n.o.s., NA 1993, III" must meet both the definition of a "hazardous waste" and "combustible liquid", as outlined above. We cannot make this determination based on the information you provide. It is the shipper"s responsibility to

properly class and describe a hazardous material (§ 173.22). If you determine that your material is a

hazardous waste and a combustible liquid, and it does not meet the definition of any other hazard class, then it may be appropriately classed and described as it appears above.

I hope this information is helpful. If we can be of further assistance, please contact us.


Ben Supko

Acting Chief, Standards Development

Office of Hazardous Materials Standards

173.120(b)(1), 173.3a, 172.101, 173.22

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.2 Hazardous materials classes and index to hazard class definitions