{"operation":"document","citation":"00-0310","title":"Radian International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-01-18","effective_on":null,"summary":"00-0310 response to Radian International concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0310.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0310.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0310","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000310.pdf","body":"<<<PAGE 1>>>\n\n-\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C.\n20590\nResearch and\nAdministrations\nJAN 1 8 2001\nMr. Andrew N. Romach\nRef. No: 00-0310\nRegulatory Manager\nRadian International\nP.O. Box 13000\nResearch Triangle Park, NC 27709\nDear Mr. Romach:\nThis is in response to your November 2, 2000, letter regarding the proper shipping name for a material\nconsisting of polychlorinated biphenyls (PCBs) and soil under the Hazardous Materials Regulations (49\nCFR Parts 171-180). Your scenario consists of a bulk packaging being transported by highway\ncontaining more than I pound of pure CBs at a concentration of more than 20 ppm but less than 50\nppm. You question whether the proper shipping name \"Polychlorinated biphenyls, solid\" is appropriate\nfor a material with such a low concentration of PCBs.\nAs provided by § 172.101(c)(10), a mixture not identified specifically by name, comprised of a\nhazardous material identified in the Table by technical name (e.g., PCBs) and non-hazardous material\n(e.g., soil), must be described using the proper shipping name of the hazardous material and the\nqualifying word \"mixture\" unless the mixture is significantly different from the pure hazardous material\n(i.e., meets a different hazard class or packing group or there is a significant change in emergency\nresponse measures). Therefore, in the scenario you provided, the proper shipping description is\n\"Polychlorinated bipheyls, solid, mixture, 9, UN2315, II!\" when transported by highway. Note that\nthe packing group changes from \"Il\" to \"II\" when this material is transported by highway or rail as\nstated in Special Provision 140.\nI hope this information is helpful.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172./01\n000310\n\n<<<PAGE 2>>>\n\nRADIAN INTERNATIONAL\nBoothe\nRENUE\nA DAMES & MOORE GROUP COMPANY\nNovember 2, 2000\nHM-218\n8172-101\nOffice of Hazardous Material Standards\nMr. Ed Mazzullo, Director\nProper Shipping\nResearch and Special Programs Administration\nU.S. Department of Transportation\nName\n400 7th Street, SW\nWashington, DC 20590-0001\nFAX: (202) 366-3012\n00-0310\nDear Mr. Mazzullo:\nI am writing to you to request a wrilten regulatory interpretation concerning the appropriate proper shipping\nsuch as remediation soil contaminated with parls per million (220 ppm) levcis of PCBs. In this particular\nname to use when shipping a material contaminated with low levels of polychlorinated biphenyls (PCBs),\nscenario, a truck load of such material would trigger the reportable quantity (RQ) of 1 pound for PCBs and\nbe required to be shipped as a hazardous material by ground transportation under new Special Provision 140.\nIn DOT's August 18, 2000, Federal Register (HM-218), paragraph (c)(8) in 49 CFR 172.101 was removed\ntechnical name for a hazardous substance were listed in the HMT, that lechnical name would be the proper\nfrom the DOT regulations and roplaced by a new paragraph. This previous paragraph stated that if the\nshipping name for the material. Based on discussions with DOT chemists in the Office of Hazardous\nMaterials Technology, they agree that the proper shipping name of the pure material (\"Polychlorinated\nbiphenyls, solid\") would not be the rost accurate description at such a low concentration. They agreed that a\npolychlorinated biphenyls xx ppm).\" Without the clear guidanoe set out in the delered paragraph, it would\nmore accurate description would be \"Environmentally hazardous substance, solid, n.o.s. (contains\nappear that \"Environmentally hazardous substance, solid, n.o.s. (contains polychlorinated biphenyls xx ppm)\"\nwould be the appropriate proper shipping name for the above-described material.\nElsewhere in the Federal Register notice (column 1 on page 50452), DOT stated that: \"The ICAO Technical\nProvision A97 and State Variation US4.\" Special Provision A97 is not referenced next to the proper\nInstructions regulate PCBs only when they are present in a reportable quantity, as stipulated in Special\nshipping name entry \"Polychlorinated biphenyls, solid\" (or \"Polychlorinated biphenyls, liquid\") in the ICAO\nentry \"Environmentally hazardous substance, solid, n.o.s.\" (and \"Environmentally hazardous substance,\nTechnical Instructions. However, Special Provision A97 is referenced next to the proper shipping name\nliquid, n.o.s.\"), implying that this would be the appropriate proper shipping name to use for shipping PCBs\nby air that equal to or exceed the reporrable quantity.\nIt is confusing for the appropriate proper shipping name for a material to differ depending upon whether that\nmaterial is being shipped by ground or by air. Please clarify the appropriate proper shipping name for\nshipping the above-described material by ground transportation.\nSincerely,\nally.\nAndrew N. Romac\nRegulatory Manager\nRadian-URS\nOffices Worldwide","truncated":false,"body_characters":4860}