Public Works Department Jacksonville — Hazardous Materials Safety Interpretation

Page 1MAR 27 2007 .S. Departmer f Transportatio 400 Seventh Street, S.W Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety Ms. Kia Trace Public Works Department Jacksonville Ref. No.: 07-0040 Box 5, Building 27 Naval Air Station Jacksonville, FL 32212 Dear Ms. Trace: This is in response to your February 6, 2007 letter, regarding the use of the proper shipping description, "Environmentally hazardous substances, (liquid or solid), n.o.s." under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask when shipping a hazardous waste, whether the word "waste" is authorized to be used in association with this proper shipping description. In accordance with § 172.101(c)(9), if the word "waste" is not included in the hazardous material description in Column 2 of the Hazardous Material Table, the proper shipping description for a hazardous waste (as defined in § 171.8), must include the word "waste" preceding the proper shipping name of the material, for example "Waste environmentally hazardous substances, (liquid or solid), n.o.s." Additionally, Special Provision 8 authorizes a shipper to ship a regulated substances, (liquid or solid), n.o.s." Based on the information provided, Special hazardous substance that is not a hazardous waste under the proper shipping description Other Provision 8 does not apply to you. (liquid or solid), n.o.s." may also be used for a material not specifically listed in the § 172.101 Please be advised that the proper shipping description "Environmentally hazardous substance, hazardous materials table and which meets the definition of a Class 9 material. A material need not meet the definition of a hazardous substance in § 171.8 to be associated with this proper shipping description. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, the to Charles E. Betts Senior Transportation Specialist Office of Hazardous Materials Standards 172-101 c)(9) 070040#

Page 2special rovision or 4y cr Herrera rage 1 01 1 $172.101(.) (9) Name Jarman, Erin <PHMSA> Proper Ship no to From: Trace, Kia E CIV NAVFAC SE [kia.trace@navy.mil] Sent: Tuesday, February 06, 2007 10:01 AM To: INFOCNTR <PHMSA> Cc: Trace, Kia E CIV NAVFAC SE Subject: Special Provision 8/ 49 CFR Importance: High I received a call this morning with the answer to my question below. I need to get clarification "in writing" please. Thank you, Kia Trace I am trying to get clarification concerning the "proper" use of the shipping name "Environmentally Hazardous Substances". When shipping HAZARDOUS WASTE is this shipping name allowed if you under the impression that if you use the "EHS" shipping name you would use it for items other thar lace the word waste in front of the description? Or is that what special provision & is for? I have beer waste but IS IT allowed for shipping hazardous waste? Thank you, Kia Trace PWD JACKSONVILLE NAVFAC SE ENVIRONMENTAL DIVISION (904)542-5979/2916 (904) 542-3358 EXT. 4565 FAX (904) 542-8153 ALT FAX (904)542-4315 2/6/2007#