Interpretation Response #17-0106
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: 3M Cottage Grove
Individual Name: Mr. Allen Grantham
Location State: MN Country: US
View the Interpretation Document
Response text:
December 14, 2017
Allen Grantham
3M Cottage Grove
10746 Innovation Road
Building 145-2
Cottage Grove, MN 55016
Reference No. 17-0106
Dear Mr. Grantham:
This letter is in response to your September 26, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping description of a hazardous material. You provide the following scenario:
- An isotainer is being sent to a facility for cleaning and reconditioning.
- The isotainer contains the residue of a hazardous material that is also a hazardous waste.
- The trucking company responsible for transport is requesting the hazardous waste manifest accompany the shipping paper.
- As a hazardous waste, the manifest includes the shipping description "UN3161, Waste liquefied gas, flammable, n.o.s., (1-CHLOR-1, 1‑DIFLUOROETHANE), 2.1, DOT-SP 12074, RQ (D001)."
It is your understanding that the isotainer would meet the requirements in 40 CFR 261.7, which except an empty container from 40 CFR Parts 261-267. As such, this material would no longer be considered a hazardous waste under the HMR because the hazardous waste manifest requirements of 40 CFR Part 262 would no longer apply. Based on the scenario provided, you ask if a hazardous waste manifest is required and whether the appropriate shipping description for the residue is "UN3161, Liquefied gas, flammable, n.o.s., (1‑CHLOR-1, 1‑DIFLUOROETHANE), 2.1, DOT-SP 12074." Additionally, you seek confirmation of your understanding that the term "tank car" refers only to a rail car as described in § 172.203.
A material, by definition, is only subject to the HMR as a hazardous waste if it is subject to 40 CFR Part 262 hazardous waste manifest requirements. The shipping description must not include terms that indicate it is a hazardous waste or hazardous substance unless applicable. Furthermore, you are correct in your understanding that the term "tank car" refers to a rail car.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.203
Regulation Sections
| Section | Subject |
|---|---|
| 172.203 | Additional description requirements |