U.S. Geological Survey — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 APR 10 2003 Dr. Stephen R. Moulton, II Ref. No.: 02-0292 Biological Operations Manager United States Department of Interior National Water-Quality Assessment Program U.S. Geological Survey Reston, Virginia 20192 Dear Dr. Moulton: This responds to your letter regarding whether biological samples from streams, preserved with Parts 171-180). We apologize for the delay in responding and hope it has not caused any Formalin, are regulated for transportation under the Hazardous Materials Regulations (HMR; 49 CFR inconvenience. Your agency collects biological samples from streams to determine the identification and abundance of algae and invertebrates (e.g., insects, crustaceans, worms, clams) for use in water-quality studies. For each sample, the stream bottom material (consisting of organisms and debris) is preserved with either 3-5% formalin (algae samples) or 10% formalin (invertebrate samples). A single sample container ranges from 60 mL to a maximum of 1L. These samples are shipped to a central laboratory for analysis. Section 172.101(c)(11) provides, in part, that a shipper may assign a tentative shipping name, hazard class and identification number to a material sent for testing, based on the shipper's tentative determination according to defining criteria in the HMR, hazard precedence prescribed in § 173.2, and the shipper's knowledge of the material. Based on the information you provided, it is this Office's opinion that these samples do not meet the definition of an infectious substance in § 173.134 because there is no reason to know or suspect they contain an infectious substance. Although you did not provide sufficient information, such as a Material Safety Data Sheet, the acute effects of Formaldehyde solutions has been well documented. Formalin (10% formaldehyde solution), used to preserve the biological samples, meet the definition for a Class 9 material in § 173.140 and is subject to regulation when transported domestically by air. The appropriate shipping description is "Other Regulated Substances, liquid, n.o.s. (formaldehyde), 9, NA3082, II." Generally, solutions of less than 10% formaldehyde mixed with non-hazardous materials do not meet the definition of a Class 9 hazardous material and, provided they do not meet any other hazard class, are not subject to the HMR. 172.101, 173.134 020292#

Page 2As provided by § 173.22 of the HMR, it is the shipper's responsibility to properly class a hazardous material. Manufacturers, generally, have the knowledge to properly class the materials and products they produce, although it may be necessary to enlist an outside laboratory to assist in the classification process as testing may have to be conducted to see how a product compares to the criteria for the various hazard classes. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, 1 dich Delmer F. Billings Chief, Standards Division Office of Hazardous Materials Standards#

Page 3United States Department of the Interior Engrum U.S. GEOLOGICAL SURVEY Reston, Virginia 20192 §172.101 National Water-Quality Assessment Program MS 413 $173.134 Classification October 30, 2002 02-02926 Director of the Office of Hazmat Standards Edward Mazzullo 400 7th Street, NW US DOT/RSPA DHM-10 Washington, DC 20590-0001 Dear Mr. Mazzullo, My agency collects biological samples from streams to determine the identification and quality studies. For each sample, the stream bottom material (consisting of the organisms and abundance of algae and invertebrates (e.g., insects, crustaceans, worm, clams) for use in water- samples). A single sample container ranges from 60 mL to a maximum of 1 L depending on the debris) is preserved with either 3-5% formalin (algae samples) or 10% formalin (invertebrate laboratory for analysis. amount of sample material. These samples are shipped from across the country to a central We have been experiencing considerable confusion over the interpretation of shipping regulations of interpretation for the proper classification and shipping requirement for these samples? for these samples preserved with either 3-5% or 10% formalin. Can you provide us with a letter Thank you. I look forward to your response. Sincerely, Stephen R. Moulton II, Ph.D Biological Operations Manager 703-648-6874 smoulto@usgs.gov#