Interpretation Response #99-0259 ([HB Fuller Company] [Mr. Gene Secor])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: HB Fuller Company
Individual Name: Mr. Gene Secor
Location State: MI Country: US
View the Interpretation Document
Response text:
December 9, 1999
Mr. Gene Secor Ref. No. 99-0259
HB Fuller Company
25200 Malvina Ave.
Warren, MI 48089
Dear Mr. Secor:
This is in response to your letter dated August 25, 1999, regarding the definition of a hazardous substance under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The example given in your letter is a product that contains 11 pounds of n-Butyl phthalate packaged in a 55-gallon drum at a 2.2% concentration.
Under § 171.8, a hazardous substance (other than radionuclides) is defined as,a material, including its mixtures and solutions, that: (1) is listed in the appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which equals or exceeds its reportable quantity (RQ) listed in the appendix A to § 172.101 of the HMR; 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.
N-Butyl phthalate has an RQ of 10 pounds. To meet the definition of a hazardous substance, the quantity of n-Butyl phthalate in each package must equal or exceed 10 pounds, and the concentration by weight must be equal to or greater than 0.02% (200 PPM). Therefore, based on your example, the n-Butyl phthalate mixture meets the definition of a hazardous substance under § 171.8.
In addition, in your letter you state that you have heard trainers state that the concentration exception under the definition of a hazardous substance under § 171.8 only applies to bulk packages that weigh at least 50,000 pounds. This statement is true. For a material to exceed the RQ listed in Appendix A to
172.101 and be in a concentration by weight which does not equal or exceed the concentration corresponding to RQ of material as shown in the table in § 171-8, the quantity of the material in one package must be greater than 50,000 pounds.
I hope this satisfies your request
Sincerely,
John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards
171.8
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |