Dangerous Goods of America — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration APR 2 9 2016 Mr. Fred A. Romero Instructor Dangerous Goods of America P.O. Box 520487 Miami, FL 33152-0487 Reference No. 15-0186 Dear Mr. Romero: This is in response to your August 25, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition and selection of a proper shipping name for a hazardous substance. Your questions are paraphrased and answered as follows: Q1. Are all of the materials listed in Appendix A to § 172.101 considered a hazardous substance that must be declared as a hazardous material or are they only hazardous materials when packaged in quantities which equal or exceed its RQ listed? Al. The materials listed in Appendix A to § 172.101 are hazardous substances only when packaged in quantities which equal or exceed its RQ listed. Under § 171.8, a hazardous solutions, that: (1) is listed in the Appendix A to § 172.101 of the HMR; (2) is in a quantity, substance (other than radionuclides) is defined as a material, including its mixtures and § 171.8. A material must meet all of these conditions in order to be a hazardous substance. For materials listed by name or in both the § 172.101 Hazardous Materials Table (HMT) and Appendix A to § 172.101 the materials must be described with the proper shipping name in the HMT even when not meeting the definition of a hazardous substance. If the material also meets the criteria for a hazardous substance (see above paragraph), the letters "RQ" must be entered on the shipping paper in association with the basic description and marked on a package in association with the proper shipping name. Q2. If a hazardous substance does not meet the definition of any other hazard class or division, should the substance be assigned to Class 9 and identified as "UN3077, Environmentally hazardous substances, solid, n.o.s." or "UN3082, Environmentally hazardous substance, liquid, n.o.s."?#

Page 2A2. The answer is yes. If a hazardous substance is not more appropriately described by another proper shipping name in the § 172.101 HMT and does not meet the definition of any Class 1 through 8, then it must be offered for transportation under the most appropriate of the two Class 9 entries: "UN3077" or "UN3082." Generic shipping name entries that have the symbol "G" in column 1 of the HMT require the technical name of the hazardous material in parentheses in association with the basic description. Hazardous substances meeting only the Class 9 definition may be described as "RQ, UN3077, Environmentally hazardous substances, solid, n.o.s., 9, PG III (insert technical name)" or "RQ, UN3082, Environmentally hazardous substances, liquid, n.o.s., 9, PG III (insert technical name)." I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 3• Wiener DANGEROUS GOODS OF AMERICA ® §172.101 PO BOX 520487 • MIAMI, FL 33152-0487 USA Phone (305-801-7788 HMT 15-0186 E-mail: into@dga4u.com Web: www.dga4u.com August 25, 2015 Standards and Rulemaking Division Pipeline and Hazardous Material Safety Administration Att: phh-10 US Department of Transportation East Bldg, 1200 New Jersey Avenue S.E., Washington, DC 2059001 Re: Appendix A to §172.101 Dear Chief; Please clarify the following: According to §171.8 the definition of Hazardous Materials, the term includes Hazardous Substances. And defined: Hazardous substance- for the purposes of this subchapter, means a material, including its mixtures and solutions that- 1) is listed in the appendix A to §172.101 of this subchapter; ) Is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in th opendix A to $172.10- Question: Is all that are listed in appendix A to §172.101 considered hazardous substance and must be declared as a hazardous material or Only when it is packaged in quantities equal to or exceeds the reportable quantity indicated in the reportable quantity column of appendix A to §172.101? Office & Training Facility • 10400 NW 33 Street Suite 230 • Doral, FL 33172 + USA#

Page 4DANGEROUS GOODS OF AMERICA ® PO BOX 520487 • MIAMI, FL 33152-0487 USA Phone (305-801-7788 E-mail: into@dga4u.com Web: www.dga4u.com If so and if the substance or material does not meet the definition of any other class or division, should this hazardous substance be assigned to class 9 and identified as UN3082 or UN3077? Your kind and prompt attention to this matter is greatly appreciated. Thank you If possible please send your response via email to fred@dga4u.com Instructor Dangerous Goods of America Office & Training Facility • 10400 NW 33 Street Suite 230 • Doral, FL 33172 • USA#