Northern Air Cargo, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEB 2 5 2014 Mr. Mark Smith Northern Air Cargo Inc. 3900 Old International Airport Rd. Anchorage, AK 99502 Ref. No. 13-0181 Dear Mr. Smith: This responds to your September 2, 2013 request for clarification and a follow up telephone conversation with a member of our staff on the use of the "RQ, Waste Environmentally hazardous substance, solid, n.o.s. (lead), 9, III" proper shipping description. In your letter, you ask whether the United States (US) Variations to the International Civil Aviation Organization's Technical Instructions (ICAO TI), specifically Variation 4, may conflict with the § 172.102 Special Provision (SP) 146 in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in regard to the use of the environmentally hazardous substance proper shipping description. In the HMR, SP 146 addresses materials which do not meet the HMR definitions of hazardous waste, hazardous substance or a hazard class but have been deemed environmentally hazardous by a Competent Authority other than the US. Specifically, SP 146 permits these materials to use the environmentally hazardous substance proper shipping names both domestically and internationally. On the other hand, Variation 4 ofthe US Variations to the ICAO TI, addresses materials that meet the HMR definitions for a hazardous waste or a hazardous substance. Therefore, Variation 4 would not be in conflict with SP 146 because Variation 4 addresses HMR regulated hazardous wastes or hazardous substances and SP 146 addresses material which do not meet the HMR definitions of a hazardous waste, hazardous substance or hazard class but have been deemed environmentally hazardous by another Competent Authority. Based on this clarification, your questions are paraphrased and answered below Q 1. For a material not meeting the HMR definition of a hazardous waste or substance may the proper shipping description "UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III" be used?#

Page 2AI. In accordance with § 172.102 SP 146, for a material not meeting the HMR definition of a hazardous waste or substance or any hazard class, the proper shipping description "UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III" may only be used if another Competent Authority has deemed the material environmentally hazardous. This provision may be used for both domestic and international shipments. Q2. For a material meeting the HMR definition of a hazardous waste or substance may the proper shipping description "UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III" be used? A2. Yes, a material meeting the HMR definition of a hazardous waste or substance may use the proper shipping description "UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III." However, it should be noted that for a hazardous substance,§ 172.203(b) requires the letters "RQ" must be entered before or after the basic description, and for hazardous waste, § 171.101 ( c )(9) requires shippers to place the word "waste" in front of the proper shipping name, if the material is a waste as defined in§ 171.8, and the material description does not already include the word "waste." I hope this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemak:ing Division#

Page 302 September 2013 NORTHERN AfR CARGO 13oo{'h -e- U.S. Department ofTransportation PHMSA 0 ffice of Hazardous Materials Standards Attn: PIIII-10 East Building 1200 New Jersey A venue, SE Washington, D.C. 20590-0001 .t.k-z.o.v---da U-~ W' CL'&t--e RE: Seeking clarification. UN3082, Environmentally hazardous substance, liquid, n.o.s., 9 HI and UN3077, Environmentally hazardous substance, solid, n.o.s .. 9, III. Apparent contradiction between § 172.102 special provision 146 and IC AO TI US04. Hypothetically. a shipper has offered a shipment of RQ l1N1077, Waste, Environmentally hazardous substance, solid, n.o.s. (lead), 9, IIL During the acceptance inspection, it is noted in ICAO TI A3~ 1 ~29(J)(a) it states: For a hazardous substance that is a dangerous good according to lhese Technical Instructions other than under the proper shipping names "Environmental~v hazardous substance. liquid n.o.s .. or "Environmenta/{1, hazardous .'iztbstance, solit/, n.o.s. ". Also noted inA3-1-29(H)(a) states: For a hazardous lraste that is a dangerous good according to these Technical Instructions other than under the proper shipping names "Em·ironrnentally hazardous sub.s·tance. liquitl n.o.s" or "Environmental(y hazardous /!'ltbstance. solill, n.o.s. ". During acceptance inspection in 49 CFR, it is noted in § 172.1 02 special provision 146: 1-16 This description may he used j(n· a material that poses a hazard to 1 he environment hut does not meellhe defini!lonjor a hazardou::-: 1vaste or a hazardous substance, as defined in§ 171.8 ofthis subchapter, or any hazard clas,•> .. as defined in part 17 3 of this subchapter. {fit is designated as environmentally hazardous by another Competent Authority. This provision nu~v be usedjiJr both domestic and international shipments. Hmvever. ICAO TI A3-l-29(1)(b) & (II)(b) both give examples of a shipment otiered as a hazardous substance or a hazardous w·aste using this basic description. Are these provisions stating that as long as the shipment is listed only as UN3077, Environmentally hazardous substance, solid, n.o.s. (lead), 9, III that does not meet the detlnition of a hazardous vvaste, or hazardous substance, this entrv mav be used? . - . .., J §//~.1b2- 8Pl~t:, l3p0/~f 3900 Old International Airport Rd Anchorage AK 99502 907-243-3331 800-727-2141 FAX 907-249-5190 WWW.NORTHERNAIRCARGO.COM -----------·- ------------------ ---#

Page 4If it does also meet the de11nition of a hazardous waste or hazardous substance, must an alternate proper shipping name be used for the example shipment, e.g., NA3077, Hazardous waste, solid, n.o.s. (lead), 9, III? If it is permissible to use the entry, UN3077, Environmentally hazardous substance, solid, n.o.s.(lead), 9, Ill. for a hazardous substance and/or hazardous waste shipment is it stating that the entries ·'RQ" and/or "Waste" be entered in association with this entry to make it compliant? W c arc seeking clarification as this is somewhat confusing. If you have any questions, please do not hesitate to contact me directly. Mark Smith Hazardous Materials lnstmctor Northem Air Cargo 907-249-5186 3900 Old International Airport Rd Anchorage AK 99502 907-243-3331 800-727-2141 FAX 907-249-5190 WWWNORTHERNAlRCARGO.COM#