Department of Environmental Quality — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washingtcn, D.C. 20590 400 Seventh Street, S.W Research and Special Programs Administration JN 25 1998 Mr. Daniel Schultz, Chief Ref. No.: Field Operations Section Department of Environmental Quality 98-0111 Environmental Response Division Knapps Centre PO Box 30426 Lansing, MI 48909-7926 Dear Mr. Schultz: This is in response to your letter dated May 13, 1998, concerning the appricability of the small quantity exception in 49 CFR 173.4 ! to soil samples derived from a u.s. Environmental Protection Agency (EPA) sampling technique. EPA's SW-846 Test Method 5035 which calls for the addition of Specifically, you ask about #... 25 ml of methanol to a 25-gram soil sample and whether the methano, and soil mixture meets the small quantity exception. You also ask if materials packaged under the small quantity exception have a 500 ml weight limitation. The quantity limitations in § 173.4 are imposed upon the entire contents of each inner receptacle. When classifying the material, the shipper must determine whether the material is a liquid or solid based on the definitions in $ 171.8. The 25 ml of liquid methanol added to 25 grams of soil is regulated as one 3011 material, not two separate materials. The total quantity of the mixed materials per inner receptacle must not exceed 30 ml for a liquid or 30 grams for a solid. soil mixture still meets the definition of a hazardous material Therefore, if the methanol and and is defined as a liquid, the total volume of material per inner receptacle must not exceed 30 ml to meet the small quantity exception. - - 113.4#

Page 2• i 2 Your second question concerns small quantity package weight 29 kg (S 173.4 (a) (8)). However, the Hazardous Materials A completed small quantity package must not exceed inner receptactes in Regulations (49 CFR Parts 171-185) do not restrict the number of small quantity package. I hope this satisfies your request. Sincerely, Iransportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3STATE OF MICHIGAN JOHN ENGLER, Governor REPLY TO: DEPARTMENT OF ENVIRONMENTAL QUALITY EAR ENA RESPONSE DISION HOLTER DU SONG T, ANG I 48027073 WNSING MI 48909-79 RUSSELL J. HARDING, Direct NTERNET www.doq.state.ml.u BAH May 13, 1998 File 173.4 Edward T. Mazzullo DHM-10 U.S.DOT/RSPA Director of Hazardous Material Standards 400 7th Street S.W. Washington, DC 20590-0001 Dear Mr. Mazzullo: SUBJECT: Small Quantity Shipping of Environmental Samples The State of Michigan, Department of Environmental Quality has recently instituted a new U.S. EPA Method 5035. A question has arisen regarding the applicability of 49 CFR Part 173.4 for the shipping of sampling technique for soils contaminated with volatile organic chemicals. The method is SW 846, such samples. In talking with Mr. Michael Stevens of your office, he indicated that you would be able to provide us with a written opinion on the applicability of the regulation to our situation. The sampling method calls for the addition of 25 ml of methanol (MeOH) to 25 grams of soil. It is our understanding that in order to qualify for the small quantity exemption, we need to ship in individual contain over 500 ml total of methanol (or a total of 20 samples in a single cooler). Thus, assuming all containers less than 30 ml of a flammable liquid. We also understand that the shipping package cannot applicable packaging and shipping requirements were complied with, our samples preserved in methanol samples. could be legally shipped under the small quantity exemption as we do the rest of our environmental However, a consultant has called us and claimed that DOT in another state has ruled that because the the 30 ml limit, which meant the sample no longer fits the definition of a small quantity. methanol was added to the soil sample, the total volume of material (liquid and solid together) was over understanding is correct, it would be very helpful. If you have any questions about our method or need If you would please clarify, as it relates to both the 30ml and 500ml exemptions, whether our further clarification, please contact myself or our lead technical contact on the method, Mr. Robert Delaney, at 517-373-7406. Sincerely, Daniel Schwet Daniel Schultz, Chief Environmental Response Division Field Operations Section 517-241-7706 Cc: Mr. Robert Delaney, MDEQ lov. 1/8 P 0101#