New York University — Hazardous Materials Safety Interpretation

Page 1• .. - of Transportation U.S.Department Washinglon, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration AUG 1 2 1998 Mr. Elliot Greenberg Senior Safety Specialist Ref. No. 98-0220 New York University 64 West 3rd Street, Suite 210 New York, NY 10012-1423 Dear Mr. Greenberg: This is in response to your letter dated July 28, 1998, requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to shipments of manufactured products containing asbestos. Asbestos contained in manufactured articles, (e.g., vinyl floor tiles or roofing papers), or immersed or fixed in a natural or artificial binder material (e.g., cement or asphalt) is not subject to the HMR (S 173.216(b)). You stated in your letter that all of the asbestos containing materials that you offer for transportation are in manufactured products. products are not subject to the HMR. Therefore, these I hope this satisfies your 'request. Sincerely, Transportation Regulations Specialist Office Of Hazardous Materials Standards 172101(0) 173.216(6) ...#

Page 2BAH New York University 1 private university in the public service §172.101 (A) Asbestos Environmental Services 64 West 3rd Street, Suite 210 New York, NY 10012-1092 98-02201 Telephone: (212) 998-1423 Facsimile: (212) 673-9740 July 28, 1998 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards U.S. Department of Transportation Research and Special Programs Administration - - 400 7* Street SW Washington, DC 20590 Re: HMR 49 CFR Parts 171-180 Dear Mr. Mazzullo: This is in regard to a telephone conversation I had with Ms. Jodi George, of your office, on July 27, 1998, requesting written clarification of the Hazardous Materials Regulations 49 CFR Parts 171-180. The University periodically offers asbestos containing waste materials, as a result ot abatement, to a transporter for removal to an approved landfill sight located in another state. The materials being offered for transportation can consist of a mixture of asbestos containing floor covering, roofing materials and/or pipe insulation, depending on the nature of the abatement project. The waste materials vary in percentage of asbestos content. The question we have is: since all of the asbestos containing materials are in manufactured products (floor tile, pipe insulation, roofing papers) would their transportation be excepted from the requirements of the HMR 49 CFR Parts 171-180 based on 49 CFR subchapter C, - Part 173.216(b). Your written response to this question will be greatly appreciated. Elliot L. Greenberg Senior safety Specialist#