Interpretation Response #14-0181
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 6, 2015
Mr. Chuck Denny
Duke Energy Corporation
526 South Church Street, EC13K
Charlotte, NC 28202
Ref. No. 14-0181
Dear Mr. Denny:
This responds to your September 25, 2014 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding shipment of aerosols for recycling or disposal under § 173.306(k). Specifically, you request further clarification of a previous Letter of Interpretation (Ref. No. 12-0004) discussing waste aerosols (subject to EPA manifest requirements) that are placed in a 55-gallon drum and exceed 66 pounds gross weight. Your questions are paraphrased and answered as follows:
Q1. It is your understanding that the only marking required for a drum of aerosols destined for disposal and transported by highway is the "INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS" marking; however, you inquire further how the container is to be marked under § 173.306(k)?
A1. Your understanding is not correct. Under the requirements of § 173.306(k), a package of limited quantity aerosols to be transported by highway must display the limited quantity marking of § 172.315(a) and, when applicable under the conditions of the relevant provisions in (a)(3), (a)(5), and (b)(1), must be marked with the language "INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS." This will be clarified in a future rulemaking.
Q2. With regard to hazardous material description requirements for a drum of flammable aerosols transported for disposal as hazardous waste by highway under § 173.306(k), would the shipping description "UN1950, Waste Aerosols, 2.1," or "UN1950, Waste Aerosols, 2.1, Limited Quantity" be more appropriate?
A2. The appropriate shipping description is "UN1950, Waste Aerosols, 2.1, Limited Quantity." Under the shipping paper requirements of Part 172, Subpart C, the shipping description for a hazardous material shipped as a limited quantity must include the words "Limited Quantity" (or "Ltd Qty") following the basic description (see § 172.203(b)); and under the requirements for use of the hazardous materials table, a material that is defined as a hazardous waste must include the word "Waste" before the proper shipping name in the hazardous material description unless the word is already present as part of the proper shipping name (see § 172.101(c)(9)).
Q3. What is the appropriate shipping description for a drum with both flammable and non-flammable aerosols (not corrosive or toxic) for disposal as hazardous waste by highway under § 173.306(k)?
A3. A separate shipping description covering each of the Divisions of the Class 2 hazardous wastes must be included on the shipping paper.
I hope this answers your inquiry. If you need additional assistance, please call this Office at 202-366-8553.
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
173.306(k), 172.315(a), 172.203(b), 172.101(c)(9)
|§ 172.101||Purpose and use of hazardous materials table|