Dangerous Good of America — 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 JUL 1 2 2016 Mr. Fred A. Romero Instructor Dangerous Goods of America 10400 NW 33 Street, Suite 230 Doral, FL 3 3 1 72 Ref. No.: 16-0066 Dear Mr. Romero: This responds to your April 7, 2016 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek clarification of the definition of a hazardous substance in§ 171.8. You ask if all hazardous substances listed in Appendix A to§ 172.101 of the HMR must be declared as hazardous materials, or ifthe hazardous substances are only hazardous materials when packaged in quantities equal to or exceeding the reportable quantity in Appendix A. In addition, you ask if a hazardous substance that does not meet the definition of any other class or division should be assigned to Class 9 under the entries for UN3082 or UN3077. Under § 171.8, a hazardous substance (other than radionuclides) is defined as a material, including its mixtures and solutions, that: (1) is listed in the Appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which equals or exceeds its RQ listed in the Appendix A to§ 172.101 of the HMR; and (3) when in a mixture or solution, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the tablein § 171.8. A material must meet all of these requirements in order to be a hazardous substance. A hazardous substance that is not listed by name in the § 172.101 Hazardous Materials Table and is not more appropriately described by another proper shipping name may be assigned to Class 9 under the entries "UN3077, · Environmentally hazardous substances, liquid, n.o.s." and "UN3082, Environmentally hazardous substances, solid, n.o.s." in accordance with § 173. l 40(b ). I hope 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 2DANGEROUS GOODS OF AMERICA® PO BOX 520487 + MIAMI, FL 33152-0487 USA Phone (305-801-7788 w~~ ~ 17'2. /0\ )-\-NI l (o ~ 00<0~ E-mail: 1nt0Cd.ldga4u.com Web: www.dga4u.com April 7, 2016 Standards and Rulemaking Division Att: phh-10 East Bldg, 1200 New Jersey Avenue S.E., Washington, DC 2059001 Pipeline and Hazardous Material Safety Administration US Department of Transportation Re: Appendix A to §172.101 Second Request Dear Chief; On August 25, 2015 I asked to: 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; 2) Is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the appendix A to §172.101. 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 3DANGEROUS 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 Dangerous Goods of America Office & Training Facility • 10400 NW 33 Street Suite 230 • Doral, FL 33172 • USA#