{"operation":"document","citation":"00-0081","title":"HAZMATEAM, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-04-05","effective_on":null,"summary":"00-0081 response to HAZMATEAM, Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000081.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S.Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\npeal Program\nidministratior\nAPR - 5 2000\nMr. Leo Traverse\nRef. No. 00-0081\nHAZMATEAM, Inc.\n12 Kimball Hill Road\nHudson, NH 03051\nDear Mr. Traverse:\nThis responds to your two letters, both dated January 19, 2000, concerning the transportation of\nhazardous waste under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask about the applicability of the HMR to the transportation of certain universal\nwastes, as defined by the Environmental Protection Agency (EPA). Your questions are paraphrased\nand answered below.\nQ1. Will universal waste mercury-containing devices or pesticides containing Chlordane® be subject\nto the HMR at the point where the transportation vehicle picks up the packages from a\nmunicipality for transportation to a recycling or disposal facility? Transportation will be by\nhighway, vessel, or air.\nAl.\nAs specified in § 171.1, the HMR govern the safe transportation of hazardous materials in\ncommerce. The phrase \"in commerce\" means in furtherance of a commercial enterprise. A\nstate agency or local jurisdiction that transports hazardous materials for governmental purposes\nusing its own personnel is not engaged in transportation in commerce and, therefore, is not\nsubject to the HMR. However, if the state agency or local jurisdiction transports hazardous\nmaterials for a commercial purpose or offers a hazardous material for transportation to a\ncommercial carrier, then the HMR apply.\nYou are correct that universal wastes generally are not regulated as hazardous wastes under the\nHMR because they are not subject to EPA's Hazardous Waste Manifest requirements.\nHowever, a universal waste that meets the definition of a specific hazard class or that is listed as\na hazardous substance in Appendix A to § 172.101 is subject to the HMR. Thus, Chlordane®\nis subject to the HMR as a Class 3 (flammable liquid) material even when it is being offered for\n000081\n\n<<<PAGE 2>>>\n\ntransportation or transported under exceptions provided in 40 CFR § 273.3 for a universal\nwaste. Similarly, the mercury-containing devices are subject to requirements in the HMR as a\nhazardous substance if the amount of mercury contained in a package is one pound or more.\nIn the scenario you describe, if a municipality uses its own employees to transport Chlordane®\nor mercury-containing devices to a recycling or disposal facility, then the shipment is not subject\nto the HMR. However, if the municipality uses a commercial carrier to transport Chlordane® or\nmercury-containing devices, then the shipment is subject to the HMR.\nQ2.\nWill universal waste mercury-containing devices or pesticides containing Chlordane® be subject\nto the HMR at the point where the transportation vehicle picks up the packages trom a\nmanufacturing company or farm store for transportation to a recycling or disposal facility?\nTransportation will be by highway, vessel, or air.\nA2.\nSee the answer to Question 1. If the Chlordane® or mercury-containing devices are\ntransported from the manufacturing facility or farm store by employees of the municipality for\ngovernmental purposes - as part of a government program for recycling and disposal, for\nexample -- then the shipment is not subject to the HMR. However, if the shipment is\ntransported by a commercial carrier, then it is subject to the HMR.\nQ3.\nTwo containers of mercury devices are to be shipped from a municipality to a commercial\nrecycling facility by a commercial carrier. Container 1 has 46 mercury switches, each containing\n10 grams of mercury. Total net weight of mercury in Container 1 is 460 grams. Container 2\ncontains barometers, manometers, and similar equipment. The package weighs 50 Ibs and the\narticles inside exceed i Ib of mercury net capacity each. Although mercury is regulated under\nthe HMR for water and air transportation only, mercury is a hazardous substance with a\nReportable Quantity of 454 grams (1 Ib). Is \"RQ, mercury, 8, UN 2809, PG II!\" the\nappropriate shipping description for these containers?\nA3.\nYes. Note, however, that the relevant entry in the Hazardous Materials Table in § 172.101 is\n\"mercury contained in manufactured articles.\" As indicated by the letter \"A\" in Column 1,\nmercury contained in manufactured articles is subject to the HMR when transported by air. It is\nregulated for other modes of transportation only when it meets the definition of a hazardous\nsubstance or hazardous waste.\nQ4.\nSeveral boxes of universal wastes containing Chlordane® have been collected by a municipality.\nThese containers are to be shipped to a commercial disposal facility by commercial carrier.\nChlordane® is a pesticide with an oral LD 50 of 367 mg/kg and a flashpoint of 10°F (CC).\nChlordane® is a hazardous substance with an RQ of 454 grams (1 Ib). In addition, Chlordane®\n\n<<<PAGE 3>>>\n\nis a marine pollutant. For highway and air shipments, is \"RQ, pesticide, liquid, flammable, toxic,\nn.o.s., 3, 6.1, UN 3021, PG II (Chlordane®, 4,7-methano-1 H-indene-1,2,3,4,5,6,7,7a,8,8-\noctochloro-2,3,3a,4, 7,7a-hexahydro-(cas9C1)\" the appropriate shipping description? For\nvessel, is \"RO, pesticide, liquid, flammable, toxic, n.o.s., 3, 6.1, UN 3021, PG II (Chlordane®,\n4,7-methano-1 H-indene-1,2,3,4,5,6,7,7a,8,8-octochloro-2,3,3a,4,7,7a-hexahydro-(cas9C1)\n(marine pollutant)\" the appropriate shipping description?\nA4.\nYes.\n•\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\nown A. all\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\n= .\nHAZMATEAM, INC.\n12 Kimbali Hill Rd.\nGorskur\nHAŽMAT\nTelephone (603) 882-6247\nHudson, NH 03051-3915\n3171. 1\nWeb Site: http://home.carthlink.nct/~hazmateam/\nE-Mail: hazmateam@earthlink.net\n1/19/00\n(two letters)\nRef. No. 00-0081\nHattie L. Mitchel, Chief\nExemptions and Regulations Terminations\nOffice of Haz Mat Standards\n400 7th St. SW\nWashington, DC 20590\nDear Hattie:\nI am currently serving on the New Hampshire Department of Environmental\nServices' Universal Waste Rule advisory committee. I have some questions in\nregards to when (or if) the DOT regulations would apply to certain Universal\nWastes i.e., (mercury devices, thermostats, switches, thermometers,\nmanometers, blood pressure devices). Please note that Universal Wastes are\nNOT hazardous wastes if handled according to State and Federal EPA guidelines.\nAs I understand the enclosed policy letters from DOT these transported\nmaterials are \"not in commerce\" and therefore, not controlled by DOT when\nthe household owner or operator brings this material to the municipality or\nwhen one municipality transports to another municipality for the purpose of\nconsolidation.\nAt some point, however, a commercial transportation vehicle will collect these\n\"mercury containing devices\" from the municipality for transportation to a\nrecycling or disposal facility. Transportation will be by highway, vessel or air.\nThe following information is apparent for mercury.\nAccording to the 172.101 table mercury is controlled only by water and air\ntransportation.\nAccording to Appendix A of the 172.101 table mercury is controlled as a\nhazardous substance at 454 grams or 1 lb.\nScenario:\nTwo containers of mercury devices are to be shipped from a municipality to a\ncommercial recycling facility:\n1\n\n<<<PAGE 5>>>\n\nContainer 1 has 46 mercury switches each containing 10 grams of mercury.\nTotal net weight of mercury in the combination package is 460 grams or a little\nover 1 lb.\nContainer 2 has larger articles like barometers, manometers, etc. The\ncombination package weighs 50 Ibs and articles inside exceed 1 Ib of mercury\nnet capacity each.\nQuestion #1 Will these Universal Waste mercury containing devices be\ncontrolled by DOT at the point where the transportation vehicle picks up the\npackages from a municipality for transportation to a mercury recycler?\nTransportation will be by highway, vessel or air.\nQuestion # 2 Will these Universal Waste mercury containing devices be\ncontrolled by DOT at the point where the transportation vehicle picks up the\npackages from a manufacturing company for transportation to a mercury\nrecycler? Transportation will be by highway, vessel or air.\nQuestion # 3 If DOT's answers to Questions # 1 or 2 are negative, I would like\nto propose the name \"Mercury\" \"Not Restricted\" on the combination packages\nfor highway, air or vessel transportation to the subcommittee.\nQuestion # 4 If DOT feels this material is controlled, I would like to propose\nthe following shipping name to the Universal Waste Subcommittee for review.\nPackages described above shipped by highway, air or vessel:\nRQ mercury, 8, UN2809, PG III (reference 172.101(b)(8)(i))\n10o\nLeg Traverse\n2\n\n<<<PAGE 6>>>\n\n-\nHAZMATEAM, INC.\n12 Kimball Hill Rd.\nHAZMAT\nTelephone (603) 882-6247\nHudson, NH 03051-3915\n-Mail: hazmateam@carthlink.n\nFax (603) 882-6512\n1/19/00\nJeb Site: http://home.earthlink.net/~hazmatear\nHattie L. Mitchel, Chief\nExemptions and Regulations Terminations\nOffice of Haz Mat Standards\n400 7th St. SW\nWashington, DC 20590\nDear Hattie:\nI am currently serving on the New Hampshire Department of Environmental Services'\nUniversal Waste Rule advisory committee. I have some questions in regards to when\n(or if) the DOT regulations would apply to certain Universal Wastes i.e. (recalled\npesticides). Please note that Universal Wastes are NOT hazardous wastes if handled\naccording to State and Federal EPA guidelines.\nAs I understand the enclosed policy letters from DOT these materials are \"not in\ncommerce\" and therefore not controlled by DOT when the household owner or\noperator brings this material to the municipality or when one municipality\ntransports to another municipality for consolidation.\nAt some point a commercial transportation vehicle will collect recalled pesticides\nfrom the municipality for transportation to a disposal facility. Transportation will\nbe by highway, vessel or air.\nThe following information is apparent for Chlordane®.\nChlordane® is listed in the pesticide dictionary of the 1999 Farm Chemicals\nHandbook.\nThe oral LD 50 is 367mg/kg and therefore it is a minor danger poison. The flash\npoint is 10°F (CC), therefore the material is also a flammable liquid. According to\n173.2(a) the primary hazard is flammability PG II.\nAccording to the 172.101 table Chlordane@ is not listed as a technical name nor is a\nfamily name available. The end use name pesticides is available in the 172.101\ntable and furthermore column 1 indicates that pesticides meeting the defining\nclassification criteria are controlled by all modes of transportation.\nAccording to Appendix A of the 172.101 table Chlordane® is controlled as hazardous\nsubstance at 1lb.\n3\n\n<<<PAGE 7>>>\n\nHAZMATEAM, INC.\n12 Kimball Hill Rd.\nHAŽMAT\nTelephone (603) 882-6247\nHudson, NH 03051-3915\nE-Mail: hazmatcam@earthlink.net\nFax (603) 882-6512\n1/19/00\nWeb Site: http://home.earthlink.net/~hazmateam\nHattie L. Mitchel, Chief\nExemptions and Regulations Terminations\nOffice of Haz Mat Standards\n400 7th St. SW\nWashington, DC\n20590\nDear Hattie:\nI am currently serving on the New Hampshire Department of Environmental Services'\nUniversal Waste Rule advisory committee. I have some questions in regards to when\n(or if the DOT regulations would apply to certain Universal Wastes i.e. (recalled\npesticides). Please note that Universal Wastes are NOT hazardous wastes if handled\naccording to State and Federal EPA guidelines.\nAs I understand the enclosed policy letters from DOT these materials are \"not in\ncommerce\" and therefore not controlled by DOT when the household owner or\noperator brings this material to the municipality or when one municipality\ntransports to another municipality for consolidation.\nAt some point a commercial transportation vehicle will collect recalled pesticides\nfrom the municipality for transportation to a disposal facility. Transportation will\nbe by highway, vessel or air.\nThe following information is apparent for Chlordane®.\nChlordane® is listed in the pesticide dictionary of the 1999 Farm Chemicals\nHandbook.\nThe oral LD 50 is 367mg/kg and therefore it is a minor danger poison. The flash\npoint is 10°F (CC), therefore the material is also a flammable liquid. According to\n173.2(a) the primary hazard is flammability PG II.\nAccording to the 172.101 table Chlordane® is not listed as a technical name nor is a\nfamily name available. The end use name pesticides is available in the 172.101\ntable and furthermore column 1 indicates that pesticides meeting the defining\nclassification criteria are controlled by all modes of transportation.\nAccording to Appendix A of the 172.101 table Chlordane® is controlled as hazardous\nsubstance at 1 lb.\n3","truncated":false,"body_characters":12772}