{"operation":"document","citation":"03-0262","title":"Mr. Leighton Ford — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-10-30","effective_on":null,"summary":"03-0262 concerning 173.216.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0262.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0262.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0262","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030262.pdf","body":"<<<PAGE 1>>>\n\n• U.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nOCT 3 0 2003\nMr. Leighton Ford\n7011 East Avenue, MS9221\nRef. No. 03-0262\nLivermore, CA 94550\nDear Mr. Ford:\nThis is in response to your letter dated October 17, 2003 regarding the asbestos requirements\nfound in the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). Specifically, you\nask if § 173.216(b) and Special Provision 156 preclude a shipper from offering \"non-friable\"\nasbestos under the description \"Asbestos, 9, NA2212, III.\"\nThe answer is no. Even though asbestos, when it is immersed or fixed in a natural or artificial\n• binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in\nmanufactured products (i.e., non-friable asbestos), is excepted from the HMR by Special\nProvision 156 and § 173.216(b) a shipper may still classify it as a Class 9 material. In doing so\nthe shipper could use the description \"Asbestos, 9, NA2212, II\" to ship the material\ndomestically.\nI hope this satisfies your request.\nSincerely,\nDisa\nChof\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nsupko\n$173.216\nDear Mr. Mazzullo,\nAsbestos\nI recently spoke with Ben Supko of your staff and he suggested that | write a letter to your office requesting an\n\"It.\n03-0262\nofficial interpretation of 173.216 (a) and 173.216(b).\nSection 173.216 (a) lists the various types of asbestos subjected to HMR but it does not specifically address\nasbestos. I do understand that 173.216(b) does allow asbestos immersed in cement or manufactured articles,\nwhether or not the \"Asbestos, 9, NA2212, III\" proper shipping name is only to be used for \"friable\" forms of\netc., to be excepted from the subchapter (not subject to HMR). In addition, Mr. Supko also mentioned that Special\nexcepted from the HMR. If I elect not to use 173.216 (b) and I do have non-friable asbestos, and I choose to use a\nProvision 156, as mentioned in HM215-E, July 31, 2003, specifically allows asbestos immersed in a binder to be\nuniform hazardous waste manifest, am I disallowed from using the \"Asbestos, 9, NA2212, III\" proper shipping\nviolating any section in the HMR by shipping my non-friable asbestos waste under the \"Asbestos, 9, NA2212, I!!\"\nname in lieu of \"Non-Hazardous\" or \"Non-RCRA Hazardous Waste Solid\"? Said in a different way, would | be\nproper shipping name? Does the use of the \"Asbestos, 9, NA2212, III\" proper shipping name and the fact that it is\na hazard class 9 insinuates that the asbestos being shipped is or has to be \"friable\"? My position is that the use of\nwith whether or not the asbestos being shipped is friable or non-friable. Asbestos is Class 9 material because it is\nthe \"Asbestos, 9, NA2212, Ill\" proper shipping name does not specifically indicate, nor does it have anything to do\na listed hazardous substance and the only mention of a \"friable\" form occurs when one needs to RQ for Asbestos.\nin the hazardous substance table does it separate asbestos into friable or non-friable form other than when you\nIt is my understanding that the double cent sign found in the RQ table ONLY applies to the friable form. Nowhere\nwould have to RQ for the \"friable\" asbestos.\nShipping me, its zard cass 9 material and therefore by default, the asbestos has to be friable. Non-friable\nA disposal facility here in California is saying that because 1 am using the \"Asbestos, 9, NA2212, III\" proper\nasbestos cannot be shipped under this shipping name and is a manifest discrepancy per DOT (incorrect shipping\n\"friable\" forms of asbestos but because it does so, this also means that the proper shipping name is ONLY for\nThe disposal facility is also saying that the double cent sign not only applies to the RQ determination for\n\"friable\" forms. Again, I am saying that the HMR does not explicitly say that \"Asbestos, 9, NA2212, III\" can only bi\nif you meet the condition of 173.216(b) but is it incorrect to not choose this option? Is there any reason why you\nised for \"friable\" forms of asbestos. I would like to point out again that I understand that asbestos is not regulates\ncould not use \"Asbestos, 9, NA2212, III\" to describe non-friable asbestos while being transported to the disposal\nfacility?\nIt was at this point that Ben and 1 agreed that we should seek an official interpretation.\n(non-friable). A friable form of Asbestos-containing material exhibits the characteristic for toxicity and is a non-\nFor your information, in California, transite forms of asbestos are not considered hazardous waste in California\nnon-RCRA hazardous asbestos-containing material is 151. Non-Friable asbestos-containing waste is sent to a\nRCRA hazardous waste if it contains greater than or equal to 1.0 percent asbestos. The California waste code for\nlandfill without a state code and is considered nonhazardous from a land disposal point of view. Nonhazardous\nasbestos-containing material is subject to regulation by the California regional air quality management district\n(AQMD).\nYour prompt attention to this matter is greatly appreciated. If you have any questions please do not hesitate to\ncontact me @ (925) 294-4506\nRegards,\n7011 East Avenue, MS9221\nLeighton Ford\nLivermore, California 94550","truncated":false,"body_characters":5302}