Dangerous Goods Management — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration SEP - 7 2000 Mr. Gilbert A. de Chauvigny de Blot Ref. No. 00-0228 Dangerous Goods Management Schipholweg 307 1171 PL Badhoevedorp Netherlands Dear Mr. de Chauvigny de Blot: This is in response to your letter dated August 14, 2000, regarding the definition of a hazardous substance under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification that the table under the definition "Hazardous substance" in § 171.8 is only relevant to a package containing greater than 22,680 kg (50,000 pounds). Under § 171.8, a hazardous substance (other than a radionuclide) is defined as a material, including its mixtures and solutions, that: (1) Is listed in 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 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. 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 the RQ of the material as shown in the table in § 171.8, the quantity of the material in one package must be equal to or greater than 22,680 kg (50,000 pounds). I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards 171.8, 172.10 000228#

Page 2BAH 5171.8,12101 Hazardous Substance K dangerous 90005 A Member of the International Dangerous Goods Management Support Group 00-022 management DANGEROUS GOODS MANAGEMENT b.v. Schipholweg 307 AMSTERDAM AIRPORT Ms. Helen Engrum 1171 PL Badhoevedorp Tel.: (020) 449 6565 US Department of Transportation The Netherlands e-mail: info@dgm.ni Fax: (020) 449 6575 400 Seventh Street SW RSPA Washington DC 20590 Bank: ABN-Amro Schiphol account nmbr.: 54.55.62.961 United States of America Ingeschr. K.v.K. Haarlem onder nr. 34063618 Badhoevedorp. August 2nd 2000 Dear Ms. Helen Engrum, - This is in response to our telephone conversation of July 20th, 2000, regarding the definition fo lazardous substances under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) raised the question how to interpret the definition for Hazardous substances dealing with Mixture nd Salutions containing a material listed in Appendix A to § 172.101 of the 49 CFF You explained to me that for mixtures and solutions the text must be interpreted as "clearty" mentioned in the 49 CFR, stating: that: (1) is listed in Appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which Under § 171.8, a hazardous substance is defined as a material, including its mixtures and solutions, xceeds the concentration corresponding to the RQ of the material, as shown in the table under quals or exceeds its reportable quantity; and (3) is in a concentration by weight which equals o 171.8. It is clear that if it is a mixture or solution containing a material that is listed in Appendix A to § 172.101 of the HMR, we will have to continue. You informed me that now both, step (2) and (3) need to be applicable to identify the mixture or solution as a Hazardous Substance. A mixture containing 4999 Pounds of the substance Benzoic acid is not a Hazardous Substance Example: because it does not contain more than 5000 Pounds which is mentioned as the RQ for this product. It could be 80% Benzoic acid in the complete substance, but is not relevant according to your clarification. A mixture containing 5000 (or more) Pounds of the substance Benzoic acid could be a Hazardous Example: Substance if the concentration is equal to, or exceeds the concentration of 10% according to the table under § 171.8. To equal or exceed this concentration we must have a total quantity of material that equals or exceeds 50000 pounds. If we take a closer look at the table under § 171.8 it seems that for mixtures and solutions (to meet both (2) and (3)), the table can only be used for quantities of 50000 pounds or more. Approvad by Ministry Transport & Public works, Department of Civil Aviation, Page 1 of 2 Op at onze handelingen, went to Amsterdam en Hastern op 20 septamber 1988 rector on met ons gecoten overoomkoncten in var lapesing onze sigemene voonieerden, all pedeponserd tee arif van de antondissemen tractibranken#

Page 314/08/00 14:58 DANGEROUS GUUDS MHNHUEMENI HTS → DOULCOEUDOJUIE dangerous goods a Mamber of the intermatonal Dangerous Goods Management Suppart Group management If the interpretation you clarified to me (supported by the letters you faxed to me signed by Mr. J.A. st matures and solutions the table under 5 171,8 only needs to be use i he total guan darity that for mixture or solution equals or exceeds the 50000 pounds. I have the feeling that the industry will be served having this point clarified. companies with highly specialized personnel did not have the confidence interpreting this text. The letters that you have faxed me didn't only confirm your interpretation, but showed me that even I hope you do appreciate, my opinion regarding this subject. Sincerely. Training & Technical Affairs Gilbert A. de Ohatvigny de Blot Dangerous Goods Management 1171 PL Badhoevedorp Schipholweg 307 The Netherlands Phone: Fax 011-31-20-4496575 011-31-20-4496560 Mobile: e-mail : 011-31-6-53778188 gilben@dgm.nl Page 2 of 2 Agproved by Ministry Transport & Public works, Department of Civil Aviation.#