AmeriPath — Hazardous Materials Safety Interpretation

Page 1.S. Departmer f Transportatio Washington, D.C. 20590 400 Seventh Street. S.W. laterials Safety Administratio ipeline and Hazardou AUG • 8 2006 Ms. Julie Frail Ref. No. 06-0111 AmeriPath 895 SW 30" Avenue, Suite 101 Pompano Beach, FL 33069-4887 Dear Ms. Frail: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the classification of rags containing xylene and alcohol. Specifically, you ask whether the rags are regulated under the HMR and, if so, what proper shipping name is most appropriate. As specified in § 173.22, it is the shipper's responsibility to properly classify a hazardous material and select the shipping name that most accurately reflects the material being shipped. The proper shipping name may be assigned by either: (1) Assigning the proper shipping description "Solids containing flaminable liquid, n.o.s. (xylenes, ethyl alcohol)," UN3175, PG II without first applying the classification criteria of Division 4.1 (see Special Provision 47). Provided there is further classify these materials. no free liquid around the rags or on the bottom of the drum, there is no need to (2) Determining whether the rags meet a Class 4.1 material. The burn rate may e determined on the rags before any evaporation of these liquids by simply usin lames. (The UN test method for Class 4.1 materials is designed for granula materials and, therefore, is not applicable to rags wetted with flammable liquids.) If the package contains any residual free liquids on the bottom of the container or 172.101 060111 179.22#

Page 2NA3082 or "Waste Environmentally hazardous substances, solid, n.o.s. (xylene, appropriate proper shipping names are "Hazardous waste, solid, n.o.s. (xylene, alcohol)," alcohol)," UN3077. for a hazardous waste, they are not regulated under the HMR. If the rags do not meet the definition of any of the hazard classes nor the definition I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Hathe z. mitched Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3McIntyre $112.101 AmeriPathi Prope? happing 22 South Florida Improving Diagnostics, Improving Lives Name 06-0111 Dear Mr. Edward Mazzullo, Innovative Waste Management Inc., they were inquiring about our current hazardous waste. Innovative Waste xylene and alcohol (see attached MSDS) are not flammable solids but are actually non-hazardous. I asked him Management said that one of our wastes (flammable Solids n.o.s. (xylene, alcohol) which are rags that contain indeed flammable solids n.o.s. (xylene, alcohol). When Innovative waste management contacted the DOI to contact DOT since I had contacted the DOT hazardous material information center and they had told me it is I need to know what the official DOT shipping name will be for rags containing xylene and alcohol in a 55 gallon metal waste drum. If you need additional information feel free to contact me at 954-493-6555. Sincerely, Julie Frail AmeriPath South Regional Safety Manager Phone: 954-493-6555 Fax: 954-633-3767 Cell: 561-767-7326#