Interpretation Response #22-0099
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Ameteck Specialty Metal Products
Individual Name: Mr. Dave Kraemer
Location State: NJ Country: US
View the Interpretation Document
Response text:
May 25, 2023
Mr. Dave Kraemer
1709 South Burlington Road
Bridgeton, NJ 08302
Reference No. 22-0099
Dear Mr. Kraemer:
This letter is in response to your August 22, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reportable quantities (RQ) of hazardous materials that have been processed into an alloy.
We have paraphrased and answered your questions as follows:
Q1. You ask whether 2,000 pounds of powdered stainless-steel alloy—consisting of 60% Iron, 15% Chromium, 20% Nickel, and 5% Molybdenum—would be considered in excess of the RQ limit for Nickel, if the Nickel content of the stainless-steel alloy exceeds the 100-pound RQ.
A1. The RQ for Nickel is limited to those pieces of the metal having a diameter smaller than 100 micrometers (0.004 inches). If the powdered stainless-steel alloy containing Nickel has a diameter smaller than 100 micrometers (0.004 inches), then the material may be considered a hazardous substance.
Q2. You ask whether a material is subject to the marine pollutant requirements of the HMR when transported as powdered stainless-steel alloy with a copper component.
A2. If the copper component in the powdered stainless-steel alloy presents a hazard as a marine pollutant—such as the copper leaching into water when submerged—it may still be considered a marine pollutant. Annex 10 of the Globally Harmonized System of Classification and Labelling of Chemicals may be used to make that determination.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division