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Interpretation Response #18-0081

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

Interpretation Response Details

Response Publish Date:

Company Name: Florida Power & Light Company

Individual Name: Frank Nesbihal

Location State: FL Country: US

View the Interpretation Document

Response text:

September 20, 2018

Frank Nesbihal
Principal Environmental Engineer
Florida Power & Light Company
700 Universe Boulevard JES/JB
Juno Beach, FL  33408

Reference No. 18-0081

Dear Mr. Nesbihal:

This letter is in response to your May 25, 2018, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of PCB waste. Specifically, you provide the following scenario:

  • Florida Power & Light Company ships PCB waste for disposal.
  • The shipper of PCB waste must prepare a U.S. Environmental Protection Agency (EPA) Form 22 (uniform hazardous waste manifest) in accordance with 40 CFR 761.207, but not in accordance with 40 CFR Part 262.
  • The shipment of PCB waste is shipped in quantities of less than 1 pound per package.

We have paraphrased and answered your questions as follows:

Q1. You ask if the shipment of PCB waste in your scenario meets the HMR definition of a hazardous waste.

A1. The answer is no. In accordance with § 171.8, a hazardous waste is defined as a material that is subject to the Hazardous Waste Manifest Requirements of the EPA specified in 40 CFR Part 262. As indicated in your request, the PCB waste is not subject to 40 CFR Part 262 and, therefore, does not meet the definition of a hazardous waste.

Q2. You ask if the shipment of PCB waste in your scenario meets the definition of a hazardous substance.

A2. The answer is no. In accordance with § 171.8, a hazardous substance is a material, including mixtures and solutions, that (1) is listed in Appendix A to § 172.101; (2) is in a quantity, in one package, which equals or exceed the reportable quantity (RQ) listed in the Appendix A to § 172.101; and (3) when in a mixture or solution, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the table in § 171.8. Appendix A to § 172.101 lists the RQ for PCB as 1 pound. As mentioned in your scenario, the PCB waste is shipped in a quantity of less than 1 pound per package; therefore, the PCB waste does not meet the definition of a hazardous substance.

Q3. You ask if the shipment of PCB waste in your scenario is subject to the HMR, including training requirements of Part 172, Subpart H.

A3. The answer is no, unless the shipment meets the definition of a marine pollutant (see § 171.8). Special provision 140, which is associated with "UN2315, Polychlorinated biphenyls, liquid, 9, II" and "UN3432, Polychlorinated biphenyls, solid, 9, II," indicates that the material is only regulated when shipped as a hazardous substance or marine pollutant (see A2). Therefore, unless the material meets the definition of a marine pollutant, or any other hazard class or division, the shipment is not subject to the HMR, including the training requirements of Part 172, Subpart H.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

171.8, 172.101; (2), 172.101, 172

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172 HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS
172.101 Purpose and use of hazardous materials table