Interpretation Response #99-0218
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 2, 2000
Mr. Gerry Manley, CHMM Ref. No. 99-0218
Safety & Environmental Manager
P.O. Box 1178
Milwaukee, WI 53201-1178
Dear Mr. Manley:
This is in response to your letter dated July 29, 1999, requesting clarification on the applicability of provisions in § 173.137d) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your products, machined shapes such as sputtering targets and evaporation cones containing traces of poisonous materials in solid form.
Based on your conversation with Dr. George Cushmac, Office of Hazardous Materials Technology and Ms. Deborah Boothe of my staff, you are requesting a determination as to whether machined shapes/parts such as sputtering targets and evaporation cones containing elements such as arsenic, barium, cadmium and selenium are regulated under the HMR. In a follow up conversation with Ms. Boothe, you stated that these elements can be impurities occurring naturally in the metal itself or permanently soldered/ bonded to copper backing plates or to the disk itself that can not be removed by events such as friction, scratching, or scraping. You also stated that these materials cannot cause serious sickness or death due to the physical characteristics of these materials and lack of probable hazard.
It is the opinion of this Office that the items described above are not subject to the HMR. This determination is made in accordance with § 173.132(d).
I hope this satisfies your request.
Edward T. Mazzullo
Director, Office of Hazardous
|§ 173.132||Class 6, Division 6.1-Definitions|