Environmental Waste Specialist, Inc — Hazardous Materials Safety Interpretation

Page 1S. Departme Transportatic 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety DEC. 2 0 2005 Ms. Elizabeth Novak Ref. No. 05-0291 Environmental Waste Specialists, Inc. 14100 Sullyfield Circle, Suite 400 Chantilly, VA 20151 Dear Ms. Novak: This is in response to your letter requesting additional clarification of our response (Ref. No. 05-0260, November 4, 2005) to your request for interpretation of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of asbestos contained in manufactured products. Specifically, you ask whether Special Provision 156 applies to asbestos products that have been broken. If the broken, manufactured products are crumbling or brittle such that the asbestos is no longer contained in the manufactured article (friable), Special Provision 156 does not the HMR when packaged in quantities of one pound or more of friable asbestos in one apply. A friable asbestos-containing material is regulated as a hazardous substance under package. I hope this information is helpful. Sincerely, title 2 Mother Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.102 SP 156 050291#

Page 2Nov 15 05 04: 47p EWSI 703-502-1796 p.1 Environmental Waste Specialists, Inc. Transportation & Disposal of Hazardous Waste, Asbestos, Lead and Soils HE SPECIAISS Corporate Officos: November 15, 200S MCIntyre 14100 Sullyfield Circle, Suite 400 Chantilly, Virginia 20151 §112.102 SP156 local: (703) 502-0100 Fax: (703) 502-1796 Nalional: 1-800-583-EWSI (3974) Special Provision Wcb: www.EWSlhazmat.com E-mail: EWSlhazmat@aol.com VIA FACSIMILE 202-366-3012 05.0291 Chief, Regulatory Review and Reinvention Ms. Hattie L. Mitchell Ref. No. 05-0260 Office of Hazardous Materials Standards U.S. Department of Transportation 400 Seventh Street, S.W. Washington, DC 20590 Re: Asbestos Contained in Manufactured Products Dear Ms. Mitchell. applicability of the Flazardous Material Regulation (FIMR) pertaining to the shipment of Thank you very much for your letter of reply pertaining to the clarification of the asbestos contained in manufactured products. I have one additional question pertaining to the shipment of asbestos contained in fixed in a natural or artificial binder material manufactured articles, (for example, vinyl floor tile, roofing papers). or immersed or Provision Number 156? If these articles become broken, does it still meet the exception found in 172.102 Special Thank you again for your help in this matter. Sincerely, Elialus look. Elizabeth Novak Manager Attachment Specializing In Your Environmental Waste Needs •#

Page 3You 15 05 04: 47P EWSI ..... 703-502-1796 mara. 2 of Transportation US. Department Weshinglon, D.C. 20580 400 Steenth Street S.W. Pipeline and Hazardous Motarlals Solaty Administration NOV -A 2005 Ms. Elizabeth E. Novak 14100 Sullyfield Circle, Suite 400 Environmental Waste Specialists, Inc. Rof. No. 05-0260 Chantilly, VA 20151 Dear Ms. Novak: This is in response to your letter requesting clarification of the applicability of the asbestos contained in manufactured products. Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of Your interpretation of the HIMR regarding the exceptions for the shipment of asbestos is subject to the HMR You also ask whether these materials, if non-regulated, require a shipping description and not subject to the HMR may not be marked, certifed, or otherwise represented as a package marking: The answer is no. Moreovcr, packages containing materials that are hazardous matcrial when a hazardous material is not present (see § 171.20k)). questions. I hope this information is helpful. Please contact this office if you have additional Sincercly, Hithez. Mither Hattie L. Mitchell Office of Hazardous Materials Standards Chicf, Regulatory Review and Reinvention TOTAL P.02.#

Page 4• Nov 15 05 04:47p EWSI 703-502-1796 p. 3 Federal Register / Vol. fi7, No. 232/ Tucsday, Decomber 3, 2002 / Proposed Rules The special provision spocifies that if or Fish scrap, unstabilized." UN1374. the italicizod word "pyrotechnic" proposed rovisions such us removing with equipment to exceed the time of loading cither exceeds 35 °C the temperature of fish scrap at the —New Speciul Provision 161 would be from the UN3208 entry. (B) of the HMT when Lransporled by quantity limits as specified in Column the ambient temperatun:, whichever (95 "F), or excceds 5 °C (41 °F) above: pyrolechnic or Air bag modules added to the entry "Air bag inflators, Associate Administrator. Special cargo aircraft. if approved by the Iransported, Also sor $ 173.218 lor is higher, the fish scrap may not be pyrolechnic or Seal-bell pretensioncr. Provision A55 provides an approval —Now Spocial Provision 156 would be additional Jiscussion. The special provision specifies tha " UN0503, Division 1.4C. batterios to be transparlod by vargo provision to authorize prototype "Blue asbestos (Crocidolite) or Brown alded for assignment to three entrics. domestic transportation, and that the the UN0503 entry may nor be und for aircraft if approved by the Associate Administrator. Special Provisions ashustos (omosite, mysorite)." "Articles. pycotechnic for techrical more appropriate description is "Tithium ballery, " UN3090, "Lithium A54 and A55 would be assigned to actinolite, anthophyllite, tremolito)." UN2212, "While asbestos (chrysotile. specifically requesting comments purposes." UN0431. We are bulluries, contained in equipment." UN3091 and "Lithium ballerics The special provision provides on LN2590, and "Asbestos," NA2212. concerning whethor this may resull in —New Special Provision A56 would bo packed wilh equipment," UN3091 asbestos. The exception, which is exception from the HMR for cortain international shippurs. Wo are nol radioactive material with subsidiary added to address the air transport of currently in § 173.216(b), excepts transported as Division 1.4G in the aWare Drany air bag inflators that are hazards of Divisions 4.2. Packing asbestos immersed or fixed in a natural or artificial binder matorial TIMT, which includes the proposed United Stales. Also, see $ 172.102, Packing Group I subsidiary hazard Group I, 2.1 or 2.3. Division 4.2. manufactured products. We ruceivod and ashes contained in amendment to remove the italicized transported by aircrall in Type B materials would be required lo be location for this oxcoption is nol comments that the current $ 173,216 word "pyrolechnic" from the UN0503 subsidiary hazard materiads would bo packagings only. Division 2.1 the non-bulk column of the TMT, appropriate bricuuse it is referonced in -New Special Provision 162 would bo added to cight proposed entries and prohibiled from passenger aircraft. leading rondors to believe that the Provision auchorizes the malcrial lo two existing entries. The Special wilh the ICAO Technical Instruction's The special provision is in alignment exception applies to non-bulk exception applies to both non-bulk packagings only. To clarity that this Division 4.1, only if it is so packed be transported under the provisions of Special Provision A78, with regard to 2.1 subsidiury huzurd but not tho radiunclivo materials with Division and bulk packugings, we are that at no time during transport will $ 173.21G(b) to proposed Special proposing to move the exception from the percentage that is spocified in the the percentage of diluent. fall bulow Division 4.2, PC I packaging requiromont or the Division 2.3 proper shipping name. The proposed Proposed Spocial Provision A56 subsidiary hazard approval provision. -New Special I'rovision 157 would be than 30% woler, by ross, " UN337G: Nitrophenylhydrazine, with not less we believe it was inadetently includes Division 4.2. PC 1 because Rammable gas powered," and added to the cntries "Vchicle. "Sodium dinitro-o-crusalate, welled, A78, and wo understand that steps are: umilted in ICAO's Spocial Provision 'Vehicle, l'lammable liquid powcred." The proposed special provision cuch of which is assigned to UN3166. muss," UN3369; "Trinitrobenzone, with not less than 10% wuler by being taken to address the matter with by muss, " UN3367; "Trinitrobenzoic wulled, with not less than 10% water the $ 172.101 HMT in the regulatory the ICAO Dangerous Coods Panel. Suc includes hybrid electric vohicles specifies that the usc of the entries acid, wulled, with not less than 10% -Special Provision IB: would Ir: text of this rule for specific entries. engines and wit, sodium ur lithiun powered by both internal combustion "Trinitruchlorobenzene (picryl water by moss. UN3368: solutions. mlative density betweer revised by excepting "Ammonia -New Special Provision 159 would be 10% water by mass." UN3365: chloride). wetted, with not less than 0.810 and 0.957 al 15 degrees Cin trinitro-m-xylene or Musk Xylcne." **5-Iert-Butyl-2.4.6- "Trinitrophono) (pinric acid), welled, not more than 35 percent ammonia." water, with more than 10 percont but ruquires this material to be protoctod UN295G. The spocial provision mass." UN3964: "Trinitrololune with not less than 10% woter by UN2672 from the special provision's Irom direct sunshine and kopt in n (TNT), wetted. with not less than 10% nitrate, wetted, with not less than water by mass," UN336b; and "Uren nuthorizes liquids with a vapor cool. well-ventilated place away from #t 50 °C (1.1 bar tt 122 °F), or 130 kl'a pressure less than or equal to 110 kla —Now Special Provision 100 would be two existing entries are "Burium 10% water by moss," UN3370. The "l 55 °C (1.3 bir ct 131 "F). Proposed added to the entry "Air bay, intlators, parcont water, by mass," UN1571 und azide, wetted with not less than 50 be added to the UN2672 entry. now Special Provision Il'8 would also prolensionur." UN3268. Class 9. The or Air bag modules, or Seat-belt llion 10 percent woler, by mass," •Dipieryl sulfide, wetted with not. Jess Spucial Provision IB52 (T'able 2) special provision includes the requiremeat that air bag inflators and for certain entries and correling additional packaging authorizations modules must be lested in accordance UN Manual of Tests and Criteria, and will Tost suries 6(c) of Part I of the -New Special Provisions A54 and A55 requirements for the transportation of vould be added to address certain various lypographicul errors. The entry "Dicumyl peroxide. lesting air bag modules that conlain also includes an exception from lithium batteries by aircraft. Spociol would bo corrected by adding "2000" Provision A54 provides an approval audition, we are proposing to move us the maximum quantity in liters. In transportation. Also, sco $ 172.102. an inllator proviously approved for provision thal authorizes lithium contained in equipment or packed batterios and lithiur balleries the approval provision foi HMT. which includes addition! Provision 1B52 lo § 173.225(o)(5). formulations not covered in Special#