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Interpretation Response #15-0109 ([US Ecology - Regional Office] [Mr. Brian Kucharski])

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

Interpretation Response Details

Response Publish Date:

Company Name: US Ecology - Regional Office

Individual Name: Mr. Brian Kucharski

Location State: MI Country: US

View the Interpretation Document

Response text:

August 31, 2015

Mr. Brian Kucharski
DOT Compliance Manager
US Ecology - Regional Office
17440 College Parkway, Suite 300
Livonia, MI 48152

Reference No. 15-0109

Dear Mr. Kucharski:

This is in response to your June 4, 2015 email requesting clarification of the shipping description requirements on a shipping paper for hazardous wastes in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered below:

Q1. Does the definition of a "technical name" in § 171.8 include the EPA’s hazardous waste codes?

A1. The answer is no. As defined in § 171.8, a technical name means a recognized chemical name or microbiological name currently used in scientific and technical handbooks, journals, and texts. Generic descriptions are authorized for use as technical names provided they readily identify the general chemical group, or microbiological group. Examples of acceptable generic chemical descriptions are organic phosphate compounds, petroleum aliphatic hydrocarbons and tertiary amines.

Q2. Does the following example satisfy the requirement in § 172.203(k) to include the technical name entered in parentheses in association with the basic description?

UN1993, Waste Flammable Liquids, n.o.s., (D001), 3, PG II
-Where "D001" is the technical name

A2. See A1. The answer is no. Section 172.203(k) requires that unless otherwise excepted, if a material is described on a shipping paper by one of the proper shipping names identified by the letter "G" in column (1) of the §172.101 Hazardous Materials Table (HMT), the technical name of the hazardous material must be entered in parentheses in association with the basic description. The technical name entered in parentheses must be the constituent(s) which makes the product a hazardous material. For UN1993, this would be the constituent(s) which cause the material to be classed as a Class 3, flammable liquid.

Q3. Is the exception from the requirement to include a technical name in association with the basic description on a shipping paper prescribed in § 172.203(k)(2)(i) limited only to shipments offered under the entries "NA3077, Hazardous waste, solid, n.o.s., Class 9, PG III" or "NA3082, Hazardous waste, liquid, n.o.s., Class 9, PG III" ?

A3. The answer is yes, the exception is limited to these two entries. Wastes offered under these entries meet the criteria for inclusion in Class 9 because they are hazardous substances that equal or exceed the reportable quantity (RQ) listed in Appendix A to §172.101 that are not listed by name in the HMT and do not meet the definition of any hazard class 1 through 8. In accordance with § 172.203(c) for a material that is designated as a hazardous waste by EPA, and is also a hazardous substance, the waste code (e.g., D001), if appropriate, may be used to identify the hazardous substance.

Q4. Is the exception from the requirement to include a technical name in association with the basic description on a shipping paper prescribed in § 172.203(k)(2)(i) limited only to Class 9 materials?

A4. See A3.

Q5. Is the exception from the requirement to include a technical name in association with the basic description on a shipping paper prescribed in § 172.203(k)(2)(i) limited only to hazardous materials that are also hazardous substances?

A5. The answer is yes. See A3.

Q6. Is a hazardous material that is shipped using a generic proper shipping name, which is also a hazardous substance, subject to the additional description requirements in § 172.203(c) or § 172.203(k); or would the requirements of both apply?

A6. The requirements in both § 172.203(c) and § 172.203(k) would apply.

Q7. Is the following example an appropriate shipping description?

RQ, UN1993, Waste Flammable Liquids, n.o.s., (isopropanol, xylenes), 3, PG II (D001)

-Where "isopropanol" and "xylenes" are chemical constituents that make the material flammable and the material is also a hazardous substance because it exceeds the RQ for the D001 waste code.

A7. Yes, this is an appropriate description for the scenario described.

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

Sincerely,

 

Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division

171.8, 172.203(k), 172.101, 172.203(k)(2)(i), 172.203(c)

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.101 Purpose and use of hazardous materials table
172.203 Additional description requirements