Veolia ES Technical Solutions, L.L.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Depanment of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 pipeline and Administration Hazardous Materials Safety MAR 20 2007 Ms. Jennifer Eberle Ref. No. 07-0024 Veolia ES Technical Solutions, L.L.C. One Eden Lane Flanders, NJ 07836 Dear Ms. Eberle: requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) This is in response to your February 6, 2007 letter requesting clarification of the related to 1) the appropriate hazardous materials description for a lab pack of waste materials prepared in accordance with § 173.12(b); and 2) the classification of subsidiary hazards for hazardous materials that do not have those subsidiary hazards listed in Column 6 of the § 172.101 Hazardous Materials Table (HMT) in association with the appropriate hazardous materials description. Your questions are paraphrased and answered as follows: Q1. Does the prohibition for packaging a Division 6.1 Packaging Group I material under § 173.12(b)(3) apply to a waste material that has a Division 6.1 Packing Group I subsidiary hazard (e.g., Waste Hydrofluoric acid, 8 (6.1), UN1790, PG I)? Al. Yes. Section 173.12(b)(3) lists waste materials that may not be packaged or described under paragraph (b) including a Division 6.1 Packing Group I material. Regardless of the waste material classification as primary or subsidiary, a waste material meeting the definition of Division 6.1 Packing Group I is prohibited from being packaged or described under paragraph (b). Q2. Is it assumed that the packing group assignment for the subsidiary hazard(s) listed in Column 6 of the HMT is the same as the packing group for the primary hazard of the material? A2. In accordance with the precedence of hazard table in § 173.2a(b), the most stringent Backs. For pasped to and or he masa a peden over this pickined, as Class 3 PG I. accordance with § 173.12(b) that contains multiple waste materials of the same hazard Q3. May one hazardous materials description be used to describe a lab pack prepared in class (e.g., "Waste flammable liquid, toxic, corrosive, n.o.s., 3, (6.1, 8), UN3286, PG II" 172.10/ 070024 173.12 (b) 173.22#

Page 2used to describe a lab pack containing "Waste flammable liquids, n.o.s., 3, UN1993, PG II:" "Waste flammable liquids, toxic, n.o.s., 3 (6.1), UN1992, PG II;" and "Waste flammable liquids, corrosive, n.o.s., 3 (8), UN2924, PG II")? A3. A generic description from the HMT may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging. Chemically compatible materials having the same primary hazard class, but different subsidiary hazard classes, and not otherwise prohibited by § 173.12(b)(3), may be packaged together in the same outside packaging. The generic description, "Waste flammable liquid, toxic, corrosive, n.o.s., 3 (6.1, 8), UN3286, PG II," is an acceptable generic description for materials shipped in a lab pack when all the subsidiary hazards are present. However, when materials being shipped in a lab pack have only the toxic or corrosive subsidiary hazards present, the generic descriptions, "Waste flammable liquids, toxic, n.o.s." or "Waste flammable liquids, corrosive, n.o.s." must be selected, as appropriate. Note that only those waste materials includes the word "waste." defined as hazardous waste in § 171.8 may be described with a proper shipping name that Q4. May additional subsidiary hazards be included in the shipping description even though the hazards are not shown in Column 6 of the HMT for a particular hazardous materials description? subsidiary hazard that is not shown in Column 6 of the HMT for a hazardous material: 44. If it is specifically determined that a material meets the defining criteria for a description, the subsidiary hazard class or division number must be identified on the shipping paper in accordance with § 172.202(a)(2). Q5. Is it correct to include a Class 7 subsidiary hazard in the shipping description for a radioactive material? material that meets the definition of multiple hazards including a limited quan ity Class 7 A5. Yes. See A4. Q6. When classifying a material with more than one hazard in accordance with § 173.2a, should subsidiary hazards be considered? A6. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the HMT. Section 172.101(c)(12)(iii) states that if a material meets the definition of more than one hazard class and is not specifically identified by name in the HMT, then the hazard class of the material must be determined using the precedence criteria specified in § 173.2a. To properly class a mixture containing hazardous components, you must analyze and test the#

Page 3entire mixture to determine its primary hazard class and if it poses any subsidiary hazards. Please note that the mixture you describe in your letter may or may not exhibit the hazards of one or all of its components. Sincerely, PARIA ohn A Cale office of Hazardous Materials Standards#

Page 4Derkinderen •VEOLIA ENVIRONMENTAL SERVICES 3172101 February 6, 2007 §173.12(b) waste / hab Facks Office of Hazardous Materials Standards Mr. Edward T. Mazzullo, Director 07-0024 400 7th Street, SW USDOT/PHMSA (DHM-10) Washington D.C. 20590-0001 Dear Mr. Mazzullo, receive clarification related to 1) selecting the proper generic description for a packaging prepared in Please accept this letter as a request for a formal interpretation from your office. Veolia wishes to assignment of additional subsidiary hazards to a shipping description when those hazards are not accordance with the lab pack exception for waste materials provided under 173.12(b) and, 2) the otherwise indicated in column 6 of the §172.101 Hazardous Materials Table (HMT). Currently, Division 6.1, PG I waste materials are prohibited from being packaged under the lab pack Question 1: exception provided under §173.12(b). Does this restriction also apply when the 6.1 PG I is present as a subsidiary hazard? Example: Waste Hydrofluoric acid, 8, (6.1), UN1790, PG I Does this material qualify for the relief provided under 173.12(b) for waste materials in lab pack - When an entry is listed in the Hazardous Materials Table with more than one hazard, is it packagings? assumed that the packing group for the subsidiary hazards) is the same as the packing group identified for the primary hazard? A lab pack prepared in accordance with §173.12(b) contains 3 separate inner packagings. Each of the Question 2: follows: inner packagings contains a different material. The proper shipping descriptions for the raterials are as Waste flammable liquids, toxic, n.o.s., 3, (6.1), UN1992, PG II Waste flammable liquids, n.o.s., 3, UN1993, PG II Waste flammable liquids, corrosive, n.o.s., 3, (8), UN2924, PG II all 3 waste materials contained within the lab pack? Is it compliant with the HMR to assign the following single shipping description to the package to describe Waste flammable liquid, toxic, corrosive, n.o.s., 3, (6.1, 8), UN3286, PG IL Is it permitted to include additional hazard labels/subsidiary hazards to a hazardous materials description Question 3: that are otherwise not shown in Column 6 of the HMT for a shipping description, if you believe those additional hazards to be present in the hazardous material? If so, is there a limit to the number of Velia ES Technical Solutions, L.L.C. 1 Eden Lane#

Page 5• VEOLIA ENVIRONMENTAL SERVICES material? additional hazard labels/subsidiary hazards added as long as they are applicable to the hazardous A shipper has a single hazardous waste mixture consisting of monochloroacetic acid and carbon Example 1 (additional hazards present in a single mixture): tetrachloride. Because this mixture is not specifically listed by name in the HMT, he selects a generic n.o.s. description that most accurately describes the material, 'Flammable liquid, toxic, corrosive, n.o.s.. Based on his knowledge of the waste mixture, he strongly believes this mixture also exhibits dangerous when wet properties, therefore, he includes Division 4.3 as an additional label/subsidiary hazard to the follows: shipping description. The shipping description is then indicated on the packaging and shipping papers as 4.3), UN3286, PG II Waste Flammable liquid, toxic, corrosive, n.o.s. (Monochloroacetic Acid, Carbon Tetrachloride), 3, (6.1, 8, Example 2 (additional hazards present in a lab pack container): material. The proper shipping descriptions for the materials are as follows: A lab pack contains two separate inner packagings. Each of the inner packagings contains a different Waste water-reactive liquid, corrosive, n.o.s., 4.3, (8), UN3129, PG II Waste water-reactive liquid, toxic, n.o.s., 4.3, (6.1), UN3130, PG II within the lab pack and indicate all subsidiary hazards present even when they are not indicated in Is it compliant with the HMR to assign a single shipping name to describe both waste materials contained Column 6 of the HMT for the shipping description? Waste water-reactive liquid, corrosive, n.o.s., 4.3, (8, 6.1), UN3129, PG II Example 3 (limited quantity radioactive materials): material, is it correct to indicate class 7 as a subsidiary hazard in the shipping description? For example: When describing a hazardous material that also meets the definition of a limited quantity Class 7 Waste Flammable liquid, toxic, corrosive, n.o.s., 3 (6.1, 8, 7), UN3286, PG II, Limited quantity radioactive material In reference to §173.2a, should subsidiary hazard classes be considered when determining the proper Question 4: classification of a material having more than one hazard? Example A hazardous waste mixture in a single packaging contains the following materials: : 50% acmeta (43er 7, phazard casand as and aboliar hazary azard, PC I1) mixture should be: After using the precedence table in §173.2a(b), Veolia believes the shipping description assigned to the Waste water-reactive solid, self-heating, n.o.s. (zinc powder, cadmium powder), 4.3, (4.2), UN3135, PG Would it be incorrect to add 4.1 and 6.1 to the shipping description as additional subsidiary hazards? Veolia ES Technical Solutions, L.L.C.#

Page 6OVEOLIA ENVIRONMENTAL SERVICES When additional subsidiary hazard labels are required for a package in accordance with 3172.402, should Question 5: the additional hazard(s) be included in the proper shipping name as a subsidiary hazard? Thank you in advance for providing clarification to the questions included in this letter. Please feel free to contact me at 973-448-4209 or jennifer. eberle@veoliaes.com if additional information is required. Sincerely, Jennifer Eberle Manager, Transportation Compliance 1 Eden Lane Veolia ES Technical Solutions, L.L.C. jenn fer.eberle@veoliaes.com Flanders, NJ 07836 (973) 448-4209#