{"operation":"document","citation":"16-0189","title":"CTI and Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-05-04","effective_on":null,"summary":"16-0189 response to CTI and Associates, Inc. concerning 172.101, 172.102, 173.124, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160189.pdf","body":"<<>>\n\nCIl and Associates, Inc.\n28001 Cabot Drive\nSuite 250\nNovi, MI 48377\nReference No.16-0189\nDear Ms. Zick:\nThis letter is in response to your November 30, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification\nof waste rags and wipers. You provide a scenario in which containers are filled with waste rags\nand wipers that are classified as Environmental Protection Agency (EPA) hazardous waste D001.\nThe waste rags and wipers are primarily a solid, with some free liquids on the bottom of the\ncontainer that would meet the definition of a D001 EPA hazardous waste. You note that special\nprovision 47 in § 172.102 of the HMR authorizes use of \"UN3175, Solids Containing Flammable\nLiquids, n.o.s., 4.1, PG II\" for mixtures of non-regulated materials and flammable liquids even if\nthey do not meet one of the three criteria for Class 4.1 defined in § 173.124, provided there are\nno free liquids visible at the time the container is closed or shipped.\nSpecifically, you ask if it is appropriate to use the proper shipping name \"Waste Solids\nContaining Flammable Liquids\" to describe a D001 EPA hazardous waste provided there is no\nvisual indication of liquid on the top of the waste, or if the assignment of waste code D001 (due\nto the presence of free flammable liquids) conflicts with the intended use of this proper shipping\nname.\nAs specified in § 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial and select the proper shipping name that most accurately reflects the material being\nshipped. However, it is the opinion of this Office that the proper shipping description \"UN3175,\nSolids Containing Flammable Liquids, n.o.s., 4.1, PG II\" would only be appropriate for the\nmaterial you describe in your letter if there is no free liquid around the rags or on the bottom of\nthe drum.\nUnder special provision 47, the phrase \"no free liquid\" describes the physical state when a liquid\nhazardous material is completely absorbed onto a solid material such that no free liquid is visible\naway from the solid material at the time the material is closed within the package. Provided\nthere is no free liquid visible when the packaging is closed and at the time the rags are loaded,\nthe proper shipping names listed above may be used to describe the used cleaning rags. In\n\n<<>>\n\nUsing the proper shipping name \"UN3175, Solids Containing Flammable Liquids, n.o.s., 4.1,\nPG II\" should not conflict with use of the D001 EPA hazardous waste code. However, it is\nrecommended that you contact EPA on any issues that may conflict with their hazardous waste\nmanifesting requirements.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nTen Post\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nAtIn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001Pipeline and Hazardous Materials Safety Administration\nVia: phmsa.hm-infocenter@dot.gov\nRe: Applicability of Solids Containing Flammable Liquids shipping name and free liquids determination\nFrequently, waste generators classify solid wastes such as rags and wipers as D001 hazardous waste\nbased on known or suspected presence of free flammable liquids in the waste container. The waste,\nwhile predominately a solid, retains the likelihood for free liquids within the waste mass or on the bottom\nof the container which would meet the definition of a D001 hazardous waste (40 CFR 261.21(a)(1)). As\nthe presence of free liquids cannot always be visually assessed or confirmed by viewing the waste at the\ntop of the full container, the assignment of hazardous waste code D001 (flammable liquids) is often made\nas a conservative measure or definitively using data from a paint filter test.\nSpecial provision 47 (49 CFR 172.102) appears to authorize the use of the shipping name \"Solids\nContaining Flammable Liquids\" for mixtures of non-regulated materials (such as rags, mop heads, wipers,\netc.) and flammable liquids even if they do not meet one of the 3 criteria for Class 4.1 defined in 49 CFR\n173.124 provided there are no free liquids \"visible\" at the time the container is closed or shipped. This\nauthorization does not appear to require further evaluation of free liquids beyond a visual inspection of the\ntop, or other visible areas of the containerized waste.\nIs it appropriate to use the shipping name \"Waste Solids Containing Flammable Liquids\" to describe a\nD001 flammable liquid so long as there is no visual indication of liquid on the top of the waste, or does the\nassignment of waste code D001 (due to the presence of free flammable liquids) conflict with the intended\nuse of this shipping name?\nThank you for your assistance in clarifying this matter.\nTerri Zick\nCTI and Associates, Inc.\nCland Associates, Inc. * 28001 Cabot Drive, Ste. 250, Novi, MI 48377 • 248.486.5100 Phone\nwww.cticompanies.com\n\n<<>>\n\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. I spoke with Ms. Zick.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Terri Zick [mailto:tzick@cticompanies.com]\nSent: Wednesday, November 30, 2016 1:01 PM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation of Special Provision 47 related to rags and wipers\nPlease accept the attached inquiry regarding the application of proper shipping names for waste materials known to\ncontain free (flammable) liquids. Please feel free to contact me at any time if there are questions regarding this request\nfor interpretation.\nThank you for your time in reviewing and responding to this inquiry.\nTerri Zick\n313-300-7401 cell\nPlease visit our new website at www.cticompanies.com\nTerri Zick\nDirector, Compliance Services\nCTI and Associates, Inc.\n28001 Cabot Drive, Ste. 250, Novi, MI 48377\n248.560.0732 Direct | 313.300.7401 Mobile\n1.800.CTI.TODAY | 248.486.5050 Fax\nHealth and Safety - Our Highest Priority\nCTI and Associates, Inc. This message contains confidential information and is intended only for the individual(s) addressed in the\nmessage. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. If you are not the intended\nrecipient, you are notified that disclosing, distributing, or copying this e-mail is strictly prohibited.","truncated":false,"body_characters":6380}