US Ecology - Regional Office — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, DC 20590 Pipeline and Hazardous Administration Materials Safety AUG 3 1 2015 Mr. Brian Kucharski DOT Compliance Manager US Ecology - Regional Office 17440 College Parkway, Suite 300 Livonia, MI 48152 Reference No: 15-0109 Dear Mr. Kucharski: This is in response to your June 4, 2015 email requesting clarification of the shipping description requirements on a shipping paper for hazardous wastes in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered below: Q1. Does the definition of a "technical name" in § 171.8 include the EPA's hazardous waste codes? Al. The answer is no. As defined in § 171.8, a technical name means a recognized chemical name or microbiological name currently used in scientific and technical handbooks, journals, and texts. Generic descriptions are authorized for use as technical names provided they readily identify the general chemical group, or microbiological group. Examples of acceptable generic chemical descriptions are organic phosphate compounds, petroleum aliphatic hydrocarbons and tertiary amines. Q2. Does the following example satisfy the requirement in § 172.203(k) to include the technical name entered in parentheses in association with the basic description? UN1993, Waste Flammable Liquids, n.o.s., (D001), 3, PG II -Where "DOOl" is the technical name A2. See Al. The answer is no. Section 172.203(k) requires that unless otherwise excepted, if a material is described on a shipping paper by one of the proper shipping names identified by the letter "G" in column (1) of the §172.101 Hazardous Materials Table (HMT), the technical name of the hazardous material must be entered in parentheses in association with the basic description. The technical name entered in parentheses must be the constituent(s) which makes the product a hazardous material. For UN1993, this would be the constituents) which cause the material to be classed as a Class 3, flammable liquid.#

Page 2Is the exception from the requirement to include a technical name in association with the basic description on a shipping paper prescribed in § 172.203(k)(2)(i) limited only to shipments offered under the entries "NA3077, Hazardous waste, solid, n.o.s., Class 9, PG II!" or "NA3082, Hazardous waste, liquid, n.o.s., Class 9, PG III"? A3. The answer is yes, the exception is limited to these two entries. Wastes offered under these entries meet the criteria for inclusion in Class 9 because they are hazardous substances that equal or exceed the reportable quantity (RQ) listed in Appendix A to §172.101 that are not listed by name in the HMT and do not meet the definition of any hazard class 1 through 8. In accordance with § 172.203(c) for a material that is designated as a hazardous waste by EPA, and is also a hazardous substance, the waste code (e.g., D001), if appropriate, may be used to identify the hazardous substance. Q4. Is the exception from the requirement to include a technical name in association with the basic description on a shipping paper prescribed in § 172.203(k)(2)(i) limited only to Class 9 materials? A4. See A3. Q5. Is the exception from the requirement to include a technical name in association with the basic description on a shipping paper prescribed in § 172.203(k)(2)(i) limited only to hazardous materials that are also hazardous substances? A5. The answer is yes. See A3. Q6. Is a hazardous material that is shipped using a generic proper shipping name, which is also a hazardous substance, subject to the additional description requirements in § 172.203 (c) or § 172.203 (k); or would the requirements of both apply? A6. The requirements in both § 172.203(c) and § 172.203(k) would apply. Q7. Is the following example an appropriate shipping description? RQ, UN1993, Waste Flammable Liquids, n.o.s., (isopropanol, xylenes), 3, PG II (D001) -Where "isopropanol" and "xylenes" are chemical constituents that make the material flammable and the material is also a hazardous substance because it exceeds the RO for the DOOI waste code. A7. Yes, this is an appropriate description for the scenario described.#

Page 3I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Deane A. Rinl Duane Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 4Wener 8/72.203 Papers Dodd, Alice (PHMSA) бретоя From: Sent: Geller, Shelby CTR (PHMSA) To: Thursday, June 04, 2015 3:58 PM Hazmat Interps Subject: FW: Request for Written Letter of Interpretation Attachments: PHMSA RFI 20150614 EPA Waste Numbers vs Technical Names.pdf; 010020 - EPA Waste Numbers for Haz Substance.pdf; 990096 - EPA Waste Numbers as Technical Names.pdf Hi Shante and Alice, Please forward this for a formal letter of interpretation. Mr. Kucharski spoke with Adam Lucas in the HMIC. Thanks, Shelby From: Brian Kucharski [mailto:Brian.Kucharski@usecology.com] Sent: Thursday, June 04, 2015 9:55 AM To: INFOCNTR (PHMSA) Subject: Request for Written Letter of Interpretation Hello, Attached is a request for written interpretation as well as two supporting documents. Thank you, Brian Kucharski brian.kucharski@usecology.com :: : Us ecology USecology.com#

Page 5O US ecology 17440 College Parkway, Suite 300, Livonia, MI 48152 : 734.521.8000 : 734.521.8040 June 4th, 2015 U.S. Department of Transportation PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Ave, SE Washington D.C. 20590 RE: Request for Written Interpretation Regarding Description of Hazardous Wastes To whom it may concern, I am requesting written interpretation regarding the basic description of hazardous materials which are also hazardous wastes (as defined in 49 CFR 171.8). A specific background scenario is provided as well as a series of questions. During research on the topic of including EPA waste numbers in the DOT basic description of a hazardous material, two previous letters of interpretation (99-0096 and 01-0020) were identified (attached) that provided some clarification. During internal discussion it was determined that additional interpretation is needed in order to fully clarify the details of this issue. Background: Under EPA regulation, consumer products that are damaged, returned or spilled and can not be used for their intended purpose become solid waste. In many instances these products will exhibit characteristics of hazardous waste and must be properly packaged and shipped for final disposal. Consumer products made of many different ingredients can exhibit the same characteristics of hazardous waste; ie. ignitable waste can include chemicals such as acetone, xylene, mineral spirits; kerosene and ethyl alcohol to name a few. These products would have an EPA Hazardous Waste Number of D001. When shipping these hazardous materials/hazardous wastes using a generic proper shipping name, DOT requires that technical name(s) be provided as additional information per 49 CFR 173.203(k). The following questions seek to clarify the requirements and exceptions for provision of technical names and the ability to utilize the EPA's Hazardous Waste Number as additional information. Unequaled service. Solutions you con trust. USecology.com#

Page 6Q1 - Does the definition of a "technical name" in 49 CFR 171.8 include the EPA's hazardous waste numbers (sometimes referred to as waste codes)? Example: UN1993, Waste Flammable Liquids, n.o.s., (D001), 3, PGII Where "D001" is the technical name [For questions 2-4, It appears that 49 CFR 172.203 (k)(2) (i) provides relief from the requirement to further describe a generic proper shipping name using one or more technical names. The next three questions are specific to the applicability of this relief:] Q2 - Is this relief limited only to shipments using the "Hazardous Waste, solid, n.o.s." or "Hazardous Waste, liquid, n.o.s." proper shipping name? Q3 - Is this relief limited only to class 9 hazardous materials? substances? Q4 - Is this relief limited to only hazardous materials that are also hazardous [The next question is specific to how to determine additional information required by 49 CFR 172.203:] Q5 - Is a hazardous material that is shipped using a generic proper shipping name, which is also a hazardous substance, subject to the additional description requirements of only either 49 CFR 172.203(c) or 49 CFR 172.203(k); or would both need to be complied with? Example: RQ, UN1993, Waste Flammable Liquids, n.o.s., (isopropanol, xylenes), 3, PGII (D001) Where "isopropanol" and "xylenes" are chemical constituents that make the hazardous material flammable, and the hazardous material is a hazardous substance because it exceeds the RQ threshold for the D001 waste number. Sincerely, Brian Kucharski DOT Compliance Manager US Ecology - Regional Office 17440 College Parkway, Suite 300 Livonia, MI 48152 Attachments (2) Unequaled service, Solutions you car truer. USecology.com#

Page 7of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration JUN 2 0 2001. Mr. David M. Kolan Environmental Scientist Reference No.: 01-0020 Org. G-1244, M/C 7A-WH The Boeing Company P. O. Box 3707 Seattle, WA 98124-2207 Dear Mr. Kolan: This is in response to your inquiry concerning the placement of the waste code in the shipping description shown on a shipping paper under 49 CFR 172.203. Specifically, you ask whether the waste code may precede the shipping name, for example, as follows: RQ (D001), Waste Flammable Liquid, n.o.s. (methyl ethyl ketone, toluene), 3, UN 1993, PG III. The answer is no. Under § 172.203(c)(1), the waste code number must be identified in parentheses "in association with" the basic description when the waste code is used to identify the hazardous substance. The term, "in association with," means that the component may follow the basic description of the hazardous material in any reasonable format, provided it is clearly identification number, and packing group is required by § 172.202(b) to be entered in sequence, part of the entry. The basic description consisting of the proper shipping name, hazard class, with authorized exceptions. This position is supported by the preamble discussion of the final rule that adopted this terminology into the HMR (copy enclosed). Among the authorized exceptions are entering the letters "RQ" before or after the basic description as authorized by § 172.203(c)(2)) and entering the technical name or chemical name between the proper shipping name and hazard class as authorized by § 172.202(d). I hope this satisfies your request. Please contact us if we can be of further assistance. Sincerely, Hothe z mitheel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure cc: Ms. Linda Schinke, Safety Manager •formia. Vehicle Division 172,203 010020#

Page 8Enclosure Federal Register / Vol. 45, No. 101 / Thursday, May 22, 1980 / Rules and Regulations 34581 n.o.s. be revised to agree with those provided for the same entries in have been revised to agree with those in stowage of these materials as specified § 172.101. Since the IMCO Code allows the IMCO Code. material appearing on the shipping class and identification number for a revised as proposed in Dockets HM- Section 172.200. Section 172.200(b) is paper must be taken either entirely from by the competent authority, MTB agrees appropriate and has revised the stowage that the proposed change is entirely 145A and HM-1458, to remove the ORM has amended § 172.400 to insure that the § 172.101 or entirely from § 172.102, and reguirements when a material being exceptions to the shipping paper proper shipping name market on the package labeling is consistent with the location designations accordingly. identification numbers indicated for the An obiection was raised to the offered or transported is a hazardous waste or a hazardous substance. The package. Silicofluorides, solid, n.o.s, on the basis entries Sodium fluoride, solution and simplified in the Einal rule, without wording of the proposal has been commenters for insuring that some Various methods were suggested by that neither the IMCO Code nor the UN ORM-E materials has been deleted changed effect. The proposed entry for indication is included in the shipping § 172.102 is being utilized. MIB believes paper description when an entry from identification number for those entries. Recommendations specifies an since the exception proposed in the however, adopted by the UN Committee Numbers for these materials were, Notice is unnecessary under the final provided, since the class of a material is that such an indication is already at its Tenth Session (December 1978) (a)[1](iii), and (a](4)(1) of § 172.201 are Section 172.201. Paragraphs (a)(1)(ti). always expressed numerically in therefore, would have to be indicated in Column (3] of the Optional Table and, the UN Recommendations, The numbers and will appear in the next edition of revised by MTB to accommodate the contained in the proposal have, requires the identification number revision to § 172,202(a)(3) which papers. This means that a numerical the same manner on the shipping commenter suggested that the letter "N" therefore, been retained. The same preceded by "UN" or "NA", as indication of the class on the shipping anhydrous and solutions containing less be inserted before the entry "Hydrazine, element of the basic description, as eppropriate, to be entered as the third papers will serve as a direct indication is offered is taken from § 172.102. that the entry under which the material than 36% water by weight" because the proposed in Docket HM-126A. Also, and to pravide an example since the rule Paragraph (b) is revised for clarity hydrazine solutions in the Optional class and labels provided for these (a)(1)(iii) to authorize the entry of "RQ" MTB added a provision to paragraph previous example, Corrosive liquid, change to paragraph (a)(2)(ii) made the Table disagree with the DOT class aud in the "HM" column in place of the "X" he considered the DOT classification to - labels for thase materials and because hazardous substance. This waa to identify the entry as representing a paragraph (b) now indicates, that the n.o.s., incorrect. It should be noted, as be adequate. MTB believes that use of recommended by several commenters. basic description now consists of three solutions will not result in a derogation the IMCO class and labels for these and MTB concurs. As proposed in hazard class, and the identification elements: the proper shipping name, the amended to allow the optional insertion Docket HM-171, paragraph (a)(4)(1) is number. However, technical names may of the letter "N" before entries solely of safety in transportation. The insertion of the entries "IMCO" or "IMCO Class" proper shipping name. These be required to be entered after the in the hazardous materials description IMCO may be different from those because the class and label(s) under on the shipping papers. MTB believes requirements were proposed in Dockets include these entries to clarify the fact that certain shippers may desire to HM-126A and HM-145B. provided in § 172.101 is contrary to the required to be made "in association Some shipping paper entries are. Optional Table. The suggestion has, purpose and intent of adopting the offered under the IMCO hazard class, that a hazardous material is being with" the basic description. The term "in therefore, not been incorporated into the particularly when this hazard class additional entry may follow the association with" means that the Optional Table. material in §172.101. A proposal that differs from that provided for the to add certain shipping descriptions to A number of requests were received complete description for a hazardous immediately before the proper shipping the entry "IMCO" be allowed to appear long as it is clearly part of the entry. material in any reasonable format, as the Optional Table which appear as are also acceptable alternate proper shipping names in § 172.101 and MTB's belief that the proper shipping name has not been adopted since it is description in a prescribed sequence, The requirement to enter the basic name should appear first in the basic not preclude the use of a shipping paper with certain exceptions specified, does descriptions for the materials in the been included in Roman type in the IMCO Code. Such descriptions have hazardous materials description. {a)(2) are revised by MTB to clarify the Section 172.202. Paragraphs (a)[1) and basic description sequence must be format with columns. However, the Optional Table with a cross reference to uptional, Also, paragraph (a)(2) is fact that the entries in § 172.102 are maintained, with authorized exceptions. description for the material in the IMCO the entry which appears as the primary addition of the identification number to Paragraph (b] is revised to show the addition to the Optional Table of certain Code. Other comments requested the revised to reduce some of the shipping the Optional Table are used for paper entries. Whenever entries from the basic description. shipping descriptions which appear in MTB does not consider it appropriate to § 172.101 bul not in the IMCO Code. domestic shipments. § 171.102 applies. A concern that the proposal would allow number of commenters expressed papers in order to assist water carriers the indication of flashpoint on shipping recognized by IMCO for international add such entries because they are not shipping descriptions, classification and unrestricted mixing of DOT and IMCO believes that, in general, the indication in planning vessel stowage. MTB labeling which could result in confusion of the appropriate IMCO division discrepancies between the entries for One commenter noted several and suggested that this paragraph be number for flammable liquids mixing, MTB agrees with these amended to prevent such unrestricted sufficiently specifies flashpoint for Optional Table and those in the IMCO "Fishmeal" or "Fishscrap" in the relatively few instances where the stowage purposes, and that the Code. The entries in the Optional Table comments and has amended § 172.202 to require that the proper shipping name stowage of hazardous materials of other classes is dependent on flashpoint#

Page 9The Boeing Company Seattle, WA 98124-2207 P.O. Box 3707 • Corbin 8172.203(C) January 17, 2001 Shipping Papers G-1244-DMK-003 Mr. Edward Mazzullo, Director, Office of Hazardous Materials Standards (DHM-10), Research and Special Programs Administration, Room 8422, BOEING 400 Seventh Street, SW., Washington, DC 20590-0001 Dear Mr. Mazzullo: Subject: Interpretation of 49 CFR 172.203(c) et al. Shipping Papers I am writing to inquire about the appropriate interpretation of the rule noted above, as it relates to shipping papers for hazardous wastes. I inquire as a result of a Uniforn Driver/Vehicle Inspection Report, a copy of which is enclosed with this letter. We feel that there are at least two ways to indicate the RQ and hazardous substance information on a manifest and packaging label. One way to indicate RQ information with the basic description is as follows: Waste Flammable Liquid, n.o.s., (methyl ethyl ketone, toluene), 3, UN1993, PG II, RQ (D001) Specifically, I would like to know whether it also complies with U.S. Department of Transportation (DOT) rules if one identifies a hazardous substance on a manifest as follows: RQ (D001), Waste Flammable Liquid, n.o.s., (methyl ethyl ketone, toluene), 3, UN1993, PG III. but in front of the basic description? That is, is it acceptable to place a waste code in a parenthetical after the letters "RO" We have interpreted 49 CFR 172.203(c)(2), which requires placing the letters "RQ" either before or after the basic description, to allow the parenthetical informatios (naming the relevant hazardous substance or applicable RCRA waste code) to be identified as a unit with the letters "RO." This sequence, of course, makes common sense, in that it clearly identifies the substance triggering the RQ designation. It is also consistent with 49 CFR 203(c)(1), which requires the name of the hazardous substance, or a waste code, to be entered in parentheses in association with the basic description.#

Page 10It is also the only way to achieve consistency between the shipping paper sequence and the non-bulk package labelling requirements in 49 CFR 172.324. This latter provision requires the letters RQ and the name of the hazardous substance, or a waste code, to be marked in association with the proper shipping name on the package. Since 49 CFR 172.202 requires that the proper shipping name be the first part of the basic description and 49 CFR 203(c)(2) requires placing the letters "RQ" either before or after the basic description, then the only way to have the RQ and the name of the hazardous substance, or a waste code, marked in association with the proper shipping name is to put them both up front. BOLING Our interpretation also appears to be consistent with 49 CFR 172.202(b), which prohibits changing the sequence of the basic description or interspersing additional nce it appears that the letters "RO" and the name of the hazardous substance, or formation "except as provided in this subpart" (i.e., Subpart C, Shipping Papers waste code, should be associated with the proper shipping name. contact me at (425) 865-6521. Thank you for your assistance. We would appreciate your guidance on this question. Please do not hesitate to Sincerely, David M. Kolan Environmental Scientist Org. G-1244, M/C 7A-WH Phone: 425-865-6521 E-mail: david.m.kolan@boeing.com Co: Ms. Linda Schinke, Safety Manager Commercial Vehicle Division, Washington State Patrol POLARA 2#

Page 11of Transportation U.S. Department 400 Seventh Street, S.W Nashington, D.C 20590 Special Programs Research and Administration AUG -6 1999 Mr. Paul Bomgardner Ref. No. 99-0096 Director, Hazardous Materials Policy American Trucking Associations 2200 Mill Road Alexandria, VA 22314-4677 Dear Mr. Bomgardner: This is in response the placement of an U.S. Environmental Protection Agency (EPA) to your letter dated April 8, 1999, regarding waste code in shipping descriptions for hazardous wastes. between the Specifically, you ask if a materials EPA waste code can be placed shipping name and hazard class. Section 172.202 (d) authorizes the placement of technical and chemical group names between the proper shipping name and hazard class. It is the opinion of this Office, that the hazardous waste shipping papers, between the proper shipping name and hazard class. waste, liquid or solid, n.o.s.", an EPA hazardous waste code cannot be used to satisfy the requirement to place the technical name of the hazardous material in association with the basic description. (See $ 172.203 (k)). I hope this satisfies your request. sincerely, omar I. All. Thomas G. Allan Acting Director Office of Hazardous Materials Standards 172.202 990096 • 3" -i-#

Page 12AMERICAN TRUCKING ASSOCIATIONS ATAR 2200 Mill Road * Alexardria, VA * 22314-4677 Gale Driving Trucking's Success §172.202 Safety Policy April 8, 1999 990096 Mr. Delmar Billings Office of Hazardous Materials Standards Research and Special Programs Administration U. S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590 Re: Request for clarification regarding placement of an alpha-numeric waste code in shipping paper descriptions for hazardous wastes. Del Dear My Billings: Lately, transporters have been running into difficulty in several states regarding the placement of the alpha-numeric waste code in the description of a hazardous waste on hazardous waste manifests. Carriers are being cited for placing the waste code, in lieu of the complete waste stream information, between the proper shipping name and hazard class. States have cited as basic description. their reasoning that the waste code is not a technical name, and therefore must be placed after the We disagree. Section 172.203(c)(1) permits the use of the waste code in lieu of the technical name for hazardous wastes. Section 172.202(d) states that technical and chemical group names the basic description. Since section 172.203(c)(1) permits the use of the waste code in lieu of the may be entered in parentheses between the proper shipping name and hazard class or following technical name, placement of the waste code should be governed by the provisions of section 172.202(d), and be allowed to be placed, in parentheses, between the proper shipping name and hazard class. Additionally, because the alpha-numeric waste code specifically identifies the waste stream it should be considered to be a technical name by definition. This is affirmed by the fact that section 172.203(c)(1) permits its use in lieu of the full alpha technical name. situation in our favor. The waste code should be allowed to be placed, in parentheses either We believe that Research and Special Programs Administration (RSPA) should rectify this between the proper shipping name and hazard class or following the basic description. Thank you for your assistance in this matter. If you have any questions regarding this request, please contact me on 703-838-1849. Del Billings talent w/ Pacel. ten: ? waste n.o.5 Paul Bomgardner Director, Hazardous Materials Policy Answer letter HAT. str (703) 838-1847 * Fax: (703) 683-1934#