# Environmental Waste Specialist, Inc — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 05-0291
- **title:** Environmental Waste Specialist, Inc — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2005-12-20
- **effective on:** Not available
- **summary:** 05-0291 response to Environmental Waste Specialist, Inc concerning 172.102.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-05-0291.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-05-0291.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-05-0291
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050291.pdf
**body:**

<<<PAGE 1>>>

S. 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 2>>>

Nov 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 3>>>

You 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
- **truncated:** false
- **body characters:** 11000