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Interpretation Response #13-0084 ([Chevron Products Company - Chevron Salt Lake Refinery] [Mr. Denton L. Schantz])

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

Interpretation Response Details

Response Publish Date:

Company Name: Chevron Products Company - Chevron Salt Lake Refinery

Individual Name: Mr. Denton L. Schantz

Location State: UT Country: US

View the Interpretation Document

Response text:

November 9, 2013

Mr. Denton L. Schantz
Environmental Specialist
Chevron Products Company
Chevron Salt Lake Refinery
2351 North 1100 West
Salt Lake City, UT 84116

Reference No. 13-0084

Dear Mr. Schantz:

This is in response to your April 15, 2013 and April 22, 2013 letters requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the selection of the most appropriate proper shipping name for certain hazardous wastes.  Specifically, you ask whether the most appropriate proper shipping name for the material you describe, which is being transported to a facility for disposal is “NA3077, Hazardous waste, solid, n.o.s.” with §§ 173.213 and 173.240 as the packaging authorization sections, or “NA3082, Hazardous waste, liquid, n.o.s.,” with §§ 173.203 and 173.241 as the packaging authorization sections.  You also ask whether your material can be transported under “NA3077, Hazardous waste, solid, n.o.s.” when the offeror is using § 173.203 or § 173.241 for the packaging authorization sections to account for the presence of liquids, or must “NA3082, Hazardous waste, liquid, n.o.s.” be used “because a solid proper shipping name would be incorrect.”  

In your letter, you state that the material being transported is a mixture of a solid phase, consisting of the original waste material, and an aqueous phase, as the result of supplemental water used to facilitate cleaning.  You state that the amount of water used to facilitate cleaning is kept to a minimum, and the solid phase is typically more than 80% by volume in the container.  Subsequently, the mixture in the final container being offered for transport consists of a solid phase that is a hazardous waste under the Resource Conservation and Recovery Act (RCRA; 42 U.S.C. §§ 6901-6992k) and an aqueous liquid phase, that is not regulated.  You believe that “Hazardous waste, solid, n.o.s.” would be the most appropriate proper shipping name because the regulated material is from the solid phase material in the container.  You also view the solid proper shipping name most appropriate due to the information that it provides to emergency responders.       

In the scenario which you describe, the two-phase non­homogeneous material would be properly described as “NA3077, Hazardous waste, solid, n.o.s.”  Sections 173.203 or 173.241 must be used to determine the appropriate packaging authorized to account for the presence of liquid, as prescribed in § 172.101(i)(4).  Because the shipping description identifies the material as a solid, additional information may be included on the shipping paper, in association with the basic description, to convey the physical state of the material. However, any additional information must conform to § 172.201(a)(4) (not be inconsistent with the required description and must come after it) as well as all shipping paper requirements (e.g., the basic description must be in the required sequence with no additional information interspersed).  Additionally, unless the material is excepted under § 172.203(k), the technical name of the hazardous waste may be required.  

I hope this information is helpful.  Please contact this Office should you have additional questions.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.213, 173.240, 173.203 and 173.241

Regulation Sections

Section Subject
173.203 Non-bulk packagings for liquid hazardous materials in Packing Group III
173.213 Non-bulk packagings for solid hazardous materials in Packing Group III
173.240 Bulk packaging for certain low hazard solid materials
173.241 Bulk packagings for certain low hazard liquid and solid materials