Interpretation Response #98-0404 ([Cleanlites Recycling, Inc.] [Ms. Jeanne Hourani])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Cleanlites Recycling, Inc.
Individual Name: Ms. Jeanne Hourani
Country: US
View the Interpretation Document
Response text:
APR 3, 1998
Ms. Jeanne Hourani
Plant Manager
Cleanlites Recycling, Inc.
P.O. Box 212
Mason, MI 48854
Dear Ms. Hourani:
This is in response to your letter regarding reportable quantities and hazardous wastes under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171~180). Specifically, you ask whether one fluorescent lamp containing less mercury than the reportable quantity would include "RQ" in association -with the proper shipping name. You also ask whether hazardous materials, which are not hazardous wastes, must be transported with the proper shipping names, labels and markings.
Section 171.8 defines a hazardous substance as a material that is listed in the Appendix A to § 172.101 and in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in Appendix A. A package is a packaging plus its contents. The fluorescent lamps are the contents in the packaging and not the package itself. Therefore, the amount of mercury contained in a package (i.e., all the bulbs in a single packaging) and not the amount of mercury contained in each fluorescent lamp determines the RQ. The letters RQ are included only when the material meets the definition of a hazardous substance.
During a phone conversation with Jodi George of my staff, you stated that one package would contain 250 fluorescent lamps and each lamp would contain approximately 15 mg of mercury. Each package would contain about 3,750 mg. Based on this information, your material would not be a hazardous substance because each package would not contain a reportable quantity of mercury (0.454 kg or 1 lb.).
The term hazardous material is any material which meets one or more hazardous class criteria and includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials. A hazardous waste is any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental' Protection Agency specified in 40 CFR Part 262. A hazardous material, including a hazardous waste or hazardous substance, must be shipped in compliance with the HMR (e.g., proper shipping name, markings, labels and placards).
I hope this information is helpful. If you need further assistance, please do not hesitate to contact us.
Sincerely,
Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards
172 APPENDIX A