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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