{"operation":"document","citation":"15-0227R","title":"Artisan EHS Consulting, LLC. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-08-11","effective_on":null,"summary":"15-0227R response to Artisan EHS Consulting, LLC. concerning 171.8, 172.101, 172.202, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0227r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0227r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0227r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-08/15-0227R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 10, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. David M. Comen\nPresident\nArtisan EHS Consulting, LLC\n104 Knoxwood Court\nAnderson, SC 29621\nReference No. 15-0227R\nDear Mr. Comen:\nThis letter is a revised response to your November 18, 2015, email and subsequent conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the selection of a proper shipping name for a hazardous waste. You present a\ngeneral scenario where clarified slurry oil tank sediment of in-line filter/separation solids that do\nnot meet the defining criteria for hazard classes 1-8 are shipped domestically in bulk containers\nwith the following basic description, “RQ, NA3077, Hazardous waste, solid, n.o.s. (K170), 9,\nPGIII” or “RQ, NA3082, Hazardous waste, liquid, n.o.s. (K170), 9, PGIII.”\nRecently, follow-up questions regarding answers A5 and A6 were brought to our attention. As\nsuch, PHMSA is revising this response to further explain § 172.102, special provision 8 and the\napplication to “NA3077, Other regulated substances, solid, n.o.s.” and “NA3082, Other\nregulated substances, liquid, n.o.s.”\nWe have paraphrased and answered your questions as follows:\nQ1. As a hazardous waste, the K170 hazardous waste is a DOT hazardous material?\nA1. Per the definition of a hazardous substance from § 171.8, if the quantity of material\nmeeting the K170 waste code equals or exceeds the reportable quantity shown in\nAppendix A to § 172.101 in one package, the waste would be considered a DOT\nhazardous substance. A hazardous substance is a hazardous material per the definition of\na hazardous material in § 171.8.\nQ2. Since the quantity of waste meeting waste code K170 is greater than the reportable\nquantity shown in Appendix A to § 172.101, the waste as packaged is a DOT hazardous\nsubstance?\nA2. Yes. See answer A1.\n\n<<<PAGE 2>>>\n\nQ3. In accordance with § 172.203(k)(2)(i), the use of the EPA waste code K170 with the\nDOT proper shipping name or basic description is sufficient as the technical name for a\nhazardous material such as “RQ, NA3077, Hazardous waste, solid, n.o.s. (K170), 9,\nPGIII.”\nA3. This basic description is appropriate for the scenario described. It is important to note\nhowever that § 172.203(k)(2)(i) excepts “Hazardous waste, liquid or solid n.o.s.”\nmaterials classed as Class 9 from the requirement to provide a technical name provided\nthe EPA hazardous waste number is included on the shipping paper in association with\nthe basic description or provided the material is described in accordance with the\nprovisions of § 172.203(c).\nQ4. In accordance with § 172.203(c), the use of the EPA waste code K170 with the DOT\nproper shipping name or basic description is sufficient as the technical name for a\nhazardous material such as “RQ, NA3077, Hazardous waste, solid, n.o.s. (K170), 9,\nPGIII.”\nA4. Yes. Section 172.203(c) allows the waste code to be used to identify the hazardous\nsubstance.\nQ5. In accordance with § 172.102, special provision 8, may “NA3077, Other regulated\nsubstances, solid, n.o.s.” and “NA3082, Other regulated substances, liquid, n.o.s.” be\nused as proper shipping names for K170 hazardous waste (or any other RCRA hazardous\nwaste)?\nA5. No, as § 172.102 special provision 8 is assigned to column (7) of the § 172.101\nHazardous Materials Table (HMT) for the entries “UN3077, Environmentally hazardous\nsubstance, solid, n.o.s.”, and “UN3082, Environmentally hazardous substance, liquid,\nn.o.s.” to allow domestic shippers a choice of the alternative descriptions if the material is\nnot a hazardous waste. The entries referenced in Q5 should not be used to describe a\nhazardous waste, as there are more appropriate descriptions in the HMT—e.g., “NA3082,\nHazardous waste, liquid, n.o.s.”, or “NA3077, Hazardous waste, solid, n.o.s.”\nQ6. Should special provision 8 be included in column (7) of the § 172.101 HMT for\n“NA3077, Other regulated substances, solid, n.o.s.” and “NA3082, Other\nregulated substances, liquid, n.o.s.?”\nA6. Special provision 8 is assigned to the “UN3077, Environmentally hazardous substance,\nsolid, n.o.s.”, or “UN3082, Environmentally hazardous substance, liquid, n.o.s.” entries\nto allow domestic shippers to choose the alternative shipping descriptions “Other\nregulated substances, solid, n.o.s.” and “Other regulated substances, liquid, n.o.s.” if they\nmeet the conditions specified. PHMSA understands that some shippers may not be aware\nof the special provision 8 instruction because of opting to select the domestic “NA”\nidentification numbers without first reviewing the “UN” identification number\ndescriptions. PHMSA may consider further clarification of the use or assignment of\nspecial provision 8 or whether the descriptions “Other regulated substances, n.o.s.”\nshould remain in use in a future rulemaking action.\n\n<<<PAGE 3>>>\n\nQuestions 7 through 10 concern the use of “UN3077, Environmentally hazardous substance,\nsolid, n.o.s.”, or “UN3082, Environmentally hazardous substance, liquid, n.o.s.” entries.\nQ7. Special provision 146 includes the phrase “…does not meet the definition for a hazardous\nwaste or a hazardous substance…”. If the K170 hazardous waste is at the same time a\nhazardous waste and a hazardous substance can “UN3077, Environmentally hazardous\nsubstance, solid, n.o.s.”, or “UN3082, Environmentally hazardous substance, liquid,\nn.o.s.”, be used to describe K170 hazardous waste solid or liquid?\nA7. Yes. Special provision 146 permits the use of the environmentally hazardous substance\nproper shipping names for a material that poses a hazard to the environment but does not\nmeet: (1) the definition for a hazardous waste or a hazardous substance (See § 171.8) of\nthis subchapter, or (2) any hazard class, (See part 173) if the material is designated as\nenvironmentally hazardous by another Competent Authority. This provision may be used\nfor both domestic and international shipments.\nAs what constitutes an environmentally hazardous substance may vary in different\ncountries, the intention of SP 146 is to address materials which do not meet the HMR\ndefinitions of hazardous waste, hazardous substance or a hazard class but have been\ndeemed environmentally hazardous by a Competent Authority other than the United\nStates. Specifically, SP 146 permits these materials to use the environmentally hazardous\nsubstance proper shipping names both domestically and internationally.\nQ8. Does the word “waste” have to be included as part of these DOT proper shipping names?\nIf so, should it precede the proper shipping name in the basic description, such as “RQ,\nUN3082, Waste environmentally hazardous substance, liquid, n.o.s. (K170), 9, PGIII”?\nCan the word “waste” be used anywhere else in the basic description?\nA8. Section 172.101(c)(9) of the HMR requires shippers to place the word “waste” in front of\nthe proper shipping name if the material is a waste as defined in § 171.8, and the\ndescription of the material does not already include the word “waste.” The HMR do not\npermit the use of the word “waste” preceding a proper shipping name if the material does\nnot meet the definition in § 171.8 for a hazardous waste. The requirement in\n§ 172.101(c)(9) is that the word “waste” precede the proper shipping name of the\nmaterial. No other location for the word “waste” is authorized.\nQ9. Is “K170” sufficient as the technical name for the hazardous material to include with the\nDOT proper shipping name or basic description, in accordance with 49 CFR\n§ 172.203(k), such as “RQ, UN3077, Waste environmentally hazardous substance, solid,\nn.o.s. (K170), 9, PGIII?”\nA9. Yes. See answer A3.\n\n<<<PAGE 4>>>\n\nQ10. Is “K170” sufficient as the technical name for the hazardous substance to include with the\nDOT proper shipping name or basic description, in accordance with 49 CFR §172.203(c),\nsuch as “RQ, UN3077, Waste environmentally hazardous substance, solid, n.o.s. (K170),\n9, PGIII?”\nA10. Yes. Section 172.203(c) allows the waste code to be used to identify the hazardous\nsubstance.\nQ11. If “UN3077, Environmentally hazardous substance, solid, n.o.s.”, “UN3082,\nEnvironmentally hazardous substance, liquid, n.o.s.”, “NA3077, Hazardous waste, solid,\nn.o.s”, or “NA3082, Hazardous waste, liquid, n.o.s.” can be used as proper shipping\nnames for K170 hazardous waste (solid or liquid), are the “NA3077, Hazardous waste,\nsolid, n.o.s.” or “NA3082, Hazardous waste, liquid, n.o.s.” proper shipping names\nconsidered more accurate for describing K170 hazardous waste?\nA11. For domestic transportation an offeror may use either the UN3077/UN3082 or\nNA3077/NA3082 HMT entries to ship hazardous waste that does not meet the definition\nof any other hazard class.\nQ12. Would the answer in Q11 change if the hazardous waste was being shipped\ninternationally instead of domestically?\nA12. For international transportation the UN3077/UN3082 entries should be utilized.\nQ13. With regards to ongoing efforts for harmonization with other dangerous goods\ntransportation regulations, would it be beneficial to consider “UN3077, Environmentally\nhazardous substance, solid, n.o.s.”, or “UN3082, Environmentally hazardous substance,\nliquid, n.o.s.” rather than “NA3077, Hazardous waste, solid, n.o.s.” or “NA3082,\nHazardous waste, liquid, n.o.s.” as proper shipping names for K170 hazardous waste?\nA13. As mentioned in answer A11 above, for domestic transportation it is up to the offeror to\ndetermine which proper shipping name to utilize.\nYou present a second scenario consisting of a mixture of K170 hazardous waste liquid\nand other chemicals. You present an example where benzene is present at levels that\nwould assign it to waste code D018, but not in sufficient concentration to make the\nhazardous waste flammable. In this situation, the hazardous waste would have the waste\ncodes D018 and K170, which you state would, for most states, be included on a\nhazardous waste manifest. According to the scenario you present the hazardous waste is\na DOT hazardous material, and for purposes of this example, is also a hazardous\nsubstance due to K170 and benzene/D018. It is unclear from the scenario that your\nmaterial does not meet any of the hazard classification criteria for classes 1-8, but for the\npurposes of these responses it is assumed to be as such.\n\n<<<PAGE 5>>>\n\nQ14. Should “'D018” or “benzene” be selected as the technical name with the DOT proper\nshipping name or basic description, such as “RQ, NA3082, Hazardous waste, liquid,\nn.o.s., (K170, D018), 9, PGIII” or “RQ, NA3082, Hazardous waste, liquid, n.o.s., (K170,\nbenzene), 9, PGIII”?\nA14. The use of either description you provide is appropriate and authorized by §172.203(c)\nand (k)(2)(i).\nQ15. If benzene, rather than D018, is included as a technical name with the DOT proper\nshipping name or basic description (and the mixture is not flammable), would this\npreclude the use of “NA3082, Hazardous waste, liquid, n.o.s.”, requiring instead a DOT\nhazard class 3 proper shipping name such as “UN1144, Waste benzene (K170”) or\n“UN1993, Waste flammable liquids, n.o.s. (benzene, K1700”, (as examples), since\nbenzene is a specifically listed hazardous material in 49 CFR §172.101?\nA15. The inclusion of the word “benzene” as a technical name for “NA3082, Hazardous waste,\nliquid, n.o.s.” would not automatically indicate the need for a Class 3 flammable liquid\nproper shipping name since “benzene” is a proper shipping name listed in § 172.101.\nOnly hazardous materials meeting the definition of a flammable liquid are required to be\nclassified as such and may be described and offered as Class 3 materials.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development\nStandards and Rulemaking Division","truncated":false,"body_characters":11870}