Guidanceguidance
07-0122
Triumvirate Environmental, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research07-0122
Page 11200 New Jersey Avenue, SE Washington, D.C. 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Mr. Bret Alan Skinner Triumvirate Environmental, Inc. 61 Inner Belt Road Somerville, MA 02 143 Ref. No. 07-01 22 Dear Mr. Skinner: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 7 1 - 180) pertaining to materials prepared in accordance with § 173.12(b). Your questions are paraphrased and answered as follows: Q 1. May a waste material that contains a Packing Group I flammable liquid and a Packing Group I1 toxic liquid be described as "Waste flammable liquids, toxic, n.o.s., 3 (6.1), UN 1992, PG I" and be packaged in accordance with § 173.12(b)? Al. Yes, the proper shipping description "Waste flammable liquid, toxic, n,o.s., 3 (6. l), UN1992, PG I" appropriately describes the material you describe in your letter and the material may be packaged in accordance with 5 173.12(b). Note that § 1 73.1 2(b)(3) prohibits a Division 6.1, Packing Group I material from being packaged in accordance with paragraph (b). This applies to a waste material meeting the definition of Division 6.1, Packing Group I, regardless of whether the classification is primary or subsidiary. Because the subsidiary hazard for your material meets the Packing Group I1 criteria, the material may be packaged in accordance with paragraph (b). 42. May a waste material with a primary hazard of Class 3, Packing Group I1 and a subsidiary hazard of Division 6.1, Packing Group I be packaged in accordance with 9 171.12(b) in a dnun with the proper shipping description "Waste flammable liquid, toxic, n.o.s., 3 (6.1), UN1992, PG I"? A2. No, although the proper shipping description appropriately describes the material, it may not be packaged in accordance with $ 173.1 2(b) because the subsidiary hazard, Division 6.1, meets the Packing Group I criteria. See A1 . 43. "Flammable liquid, toxic, n.0.s. (acetone, dichloromethane), 3 (6. I), UN 1992, PG 11" is lab packed with "Waste flammable liquids, toxic, n.o.s., 3 (6.1) UN1992, PG I." The material is packaged in a combination packaging. The outer container meets the Packing Group I1 specification. Does the outer container meet the 9 173.12 requirements?#
Page 2A3. Yes. As provided by $ 173.12(b)(2)(i), the packages must be tested and marked at least for the Packing Group I11 performance level. 44. May containers of Sodium (4.3, LN1428, PGI) and Sodium dithionite (4.2, UN1384, PGII) be packaged as a lab pack in accordance with $ 173.12(b) using the proper shipping description: Waste water-reactive solid, self-heating, n.o.s, 4.3 (4.2), UN3 135, PG I? A4. Yes. Q5. May a small container of Paraformaldehyde (4.1, UN2213, PG 11) be included in the lab pack with "Waste water-reactive solid, self-heating, n.o.s, 4.3 (4.2), UN3135, PG I" without changing the basic description? A5. No. The Division 4.1 material must be indicated; that is, "Waste water-reactive solid, self-heating,n.o.s.,4.3 (4.2,4.1), UN3135,PGI." I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#
Page 3TRIUMVIRATE ENVIRONMENTAL PROVIDING LONG-TERM, - - .- . - - - -. . - . . A . .- -. .. . . a - - . . - - .. . p . - . - - -- - .- - . - . - . . . . . . . .- -- -- . - - I t :p<i-~;\,,/,Tl': t '.'>Ll.JTIC)r.Js June 11,2007 Mr. Edward Mazzullo, Director Office of Hazardous Materials Standards USDOT/ PHMSA (DHM-10) 400 7th Street, SW Washington D.C., 20590-0001 Dear Mr. Mazzullo, Please accept this Ietter as a request for formal interpretation from your office. Triumvirate Environmental, Inc. wishes to receive clarification regarding the contents of a Ietter from your office to Veolia ES Technical Solution, L.L.C. of the reference number 07-0024. This letter offers clarification of certain parts of the "lab pack exception" for waste materials codified in 49CFR 173.12 (b). Triumvirate Environmental, Inc. is also looking for clarification on the packaging of hazard class 4 materials per 173.12(b) Question 1: Given that materials meeting the Class 6.1, Packing Group I definition cannot be packaged per 173.12(b): A. A material is described as having a(n): Flash Point: less than'l40 F Boiling Point: less than 95 F LD50 (oral): 25 m@g LD50 (dermal): Does not demo~strate dermal toxicity. LD50 (inhalation): Does not demonstrate toxicity by inhalation. Using the precedence of hazard as described'in 173.2a this material meets the definition of a primary hazard class of 3 with a subsidiary hazard class of 6.1. This material could best be described as a PG I flammable liquid and a PC I1 toxic liquid thus giving the material the most strict packing group of PG I. Can thi) material'bk packaged as described in 173.12 (b) in a drum with the proper shipping name: Waste ~larnmable Liquid, Toxic, n.0.s.; 3(6.1) UN1992, PG I? B. A material s described as having a@): Flash Point: less than 140 F but greater than 73 F Boiling Point: greater than 95 F LD50 (oral): 4 m@g LD5O (dermal): does not demonstrate dermal toxicity.#
Page 4LD50 (inhalation): does not demonstrate toxicity by inhalation. Using the precedence of hazard as described in 173.2a this material meets the definition of a primary hazard class of 3 with a subsidiary hazard class of 6.1. This material could best be described as a PG I1 flammable liquid and a PG I toxic liquid thus giving the material the most strict packing group of PG I. Can this material be packaged as described in 173.12 (b) in a drum with the proper shipping name: Waste Flammable Liquid, Toxic, n.0.s.; 3(6.1) UN1992, PG I? C. An outer combination packaging contains an inner container of Diethyl Ether (3, UN 1155, PG I) and a mixture of Acetone and Dichloromethane (best described as: Flammable Liquid, Toxic, n.0.s. (Acetone, Dichloromethane); 3 (6.1), UN 1992, 11) "lab packed with the proper shipping name: "Waste Flammable liquids, toxic, n.0.s.; 3 (6.1) UN 1992" and has the "strictest" PG of I per 173.2a. The outer package meets the Packing Group I1 specification. Is this package appropriately packaged as a "lab pack" described in 173.12 (b)? Question 2: Given that 173.12(b) states that materials of the same primary hazard class may be "lab packed in combination packaging with an "n.0.s." shipping name. A. A small container of Sodium (4.3, UN 1428, PG I) and a small container of Sodium Dithionite (4.2, UN 1384, PG 11) are "lab packed in the same outer container with the proper shipping name: Waste water-reactive solid, self- heating, n.0.s.; 4.3 (4.2) UN 3135, PG I. Can containers of the same hazard class but different divisions be packaged as a "lab pack" as described in 173.12 (b)? B. Can a small container of Paraformaldehyde (4.1, UN 2213, IT) be added to the above "lab pack" without changing the proper shipping name or must one describe the 4.1 hazard class? Thank you in advance for your time and your input on these questions. Please contact me at (617)628-8098, hskinnefih-iumvirate.com or by mail if there are any needed clarifications to properly address these questions. Bret Alan skinner Technical Specialist Triumvirate Environmental, Inc.#
Page 5! \ ENVIRONMENTAL PROVIDING LONG-TERM, i \9. .~ . ... . .. . .- -. - - i I .' .\, ,;-) ,,, :., : ! ' . 1. r '.. .-i,,LIJ T I (1) ? : :5 June 11,2007 Mr. Edward Mazzullo, Director Office of Hazardous Materials Standards USDOT/ PHMSA (DHM-10) 400 7th Street, SW Washington D.C., 20590-0001 Dear Mr. Mazzullo, Please accept this letter as a request for formal interpretation from your office. Triumvirate Environmental, Inc. wishes to receive clarification regarding the contents of a letter from your office to Veolia ES Technical Solution, L.L.C. of the reference number 07-0024. This letter offers clarification of certain parts of the "lab pack exception" for waste materials codified in 49CFR 173.12 (b). Triumvirate Environmental, Inc. is also looking for clarification on the packaging of hazard class 4 materials per 173.12(b) Question 1: Given that materials meeting the Class 6.1, Packing Group I definition cannot be packaged per 173.12(b): A. A material is described as having a(n): Flash Point: less than 140 F Boiling Point: less than 95 F LD50 (oral): 25 mgkg LD50 (dermal): Does not demopstrate dermal toxicity. LD50 (inhalation): Does not demonstrate toxicity by inhalation. Using the precedence of hazard as described' in 173.2a this material meets the definition of a primary hazard class of 3 with a subsidiary hazard class of 6.1. This material could best be described as a PG I flammable liquid and a PG I1 toxic liquid thus giving the material &e most strict packing group of PG I. Can this rnaterial'b'e packaged as described in 173.12 (b) in a drum with the proper shipping name: Waste Flammable Liquid, Toxic, n.0.s.; 3(6.1) UN1992, PG I? B. A material s described as having a(n): Flash Point: less than 140 F but greater than 73 F Boiling Point: greater than 95 F LD50 (oral): 4 mgkg LD50 (dermal): does not demonstrate dermal toxicity.#
Page 6LD50 (inhalation): does not demonstrate toxicity by inhalation. Using the precedence of hazard as described in 173.2a this material meets the definition of a primary hazard class of 3 with a subsidiary hazard class of 6.1. This material could best be described as a PG I1 flammable liquid and a PG I toxic liquid thus giving the material the most strict packing group of PG I. Can this material be packaged as described in 173.12 (b) in a drum with the proper shipping name: Waste Flammable Liquid, Toxic, n.0.s.; 3(6.1) UN1992, PG I? C. An outer combination packaging contains an inner container of Diethyl Ether (3, UN 1155, PG I) and a mixture of Acetone and Dichloromethane (best described as: Flammable Liquid, Toxic, n.0.s. (Acetone, Dichloromethane); 3 (6.1), UN 1992, 11) "lab packed" with the proper shipping name: "Waste Flammable liquids, toxic, n.0.s.; 3 (6.1) UN 1992" and has the "strictest" PC of I per 173.2a. The outer package meets the Packing Group I1 specification. Is this package appropriately packaged as a "lab pack" described in 173.12 (b)? Question 2: Given that 173.12(b) states that materials of the same primary hazard class may be "lab packed in combination packaging with an "n.o.s." shipping name. A. A small container of Sodium (4.3, UN 1428, PG I) and a small container of Sodium Dithionite (4.2, UN 1384, PG 11) are "lab packed in the same outer container with the proper shipping name: Waste water-reactive solid, self- heating, n.0.s.; 4.3 (4.2) UN 3135, PG I. Can containers of the same hazard class but different divisions be packaged as a "lab pack" as described in 173.12 (b)? B. Can a small container of Paraformaldehyde (4.1, UN 2213,II) be added to the above "lab pack" without changing the proper shipping name or must one describe the 4.1 hazard class? Thank you in advance for your time and your input on these questions. Please contact me at (617)628-8098, bskinnefiitriumvirate.com or by mail if there are any needed clarifications to properly address these questions. Bret Alan skinner Technical Specialist Triumvirate Environmental, Inc.#
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