Interpretation Response #98-0406 ([Westvaco — Corporate Center] [Mr. Fred V. Hayton])

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

Interpretation Response Details

Response Publish Date: 06/11/1998

Company Name: Westvaco — Corporate Center

Individual Name: Mr. Fred V. Hayton

Location State: VA Country: US

View the Interpretation Document

Response text:

JUN 11, 1998

Mr. Fred V. Hayton
Westvaco — Corporate Center
1011 Boulder Springs Drive
Richmond,VA 23225

Dear Mr. Hayton:

This is in response to your letter regarding the correct shipping description for loaded and empty tank cars containing "Black, Green, or White Liquor" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and hope it has not caused any inconvenience. You provided the following examples:

You stated that these materials are "corrosive," and that, depending on the material being shipped, you use only "Black, Green, or White Liquors" in your corrosive mixture(s). In a subsequent telephone conversation with a member of my staff you stated that you did not mow the constituents of the "Green or White Liquors" and that the "Black Liquor" contained "sodium hydroxide." You asked whether the descriptions in your examples are correct.

The letters "RQ" may not be shown in the examples for these corrosive mixtures, unless the materials meet the definition of a hazardous substance in 49 CPR 171.8, which specifies, in addition to other criteria, the material must be listed' in the Hazardous Substance Table in § 172.101, Appendix A, Table I and meet or exceed the reportable quantity per package. "Black, Green, or White Liquor" are not specifically listed as hazardous substances. Sodium hydroxide is listed in the Hazardous Substance Table with a RQ of 1,000 pounds. If your "Black Liquor" is shipped in a packaging and the amount of sodium hydroxide in it equals or exceeds 1,000 pounds, it meets the definition of a hazardous substance and the letters "RQH must be shown either before or after the basic description. However, if your materials do not meet the definition of a hazardous substance, the letters "RQu may not be included in the basic description.

For a mixture described by a generic or "n.o.s." proper shipping name listed in 49 CFR 172.203(k)(3), the technical name(s) of at least two components contributing predominately to the hazard of the mixture must be included in association with the basic description. If your
products contain no more than one of the "Liquor" components, only the technical name of that component must be included as part of the basic description. In addition, if the proper shipping name for a material that is a hazardous substance does not identify the hazardous substance by name, the name of the hazardous substance must be entered in parentheses in association with the basic description. If the material contains at least VNO or more hazardous substances, the technical names of'the two. hazardous. substances with the lowest RQ must be identified. The technical name(s) may be entered after the proper shipping name or after the basic description. If the technical name(s) of the hazardous materials and hazardous substances are the same, the technical name need only be entered once.

For your information, although not prohibited, the emergency response guide page number (e.g., guide page 154) is not required to be entered on a shipping paper.

I hope this information is helpful. Ifwe can be offurther assistance, please contact us.

Sincerely,

Delmer F. Billings
Chief, Regulations Standards
Office of Hazardous Materials Standards

172.200

Regulation Sections