Lawrence W. Bierlein, P.C. — Hazardous Materials Safety Interpretation

Page 1... ed DEPARTMENT OF TRANSPORTATION .. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION INTERPRETATION Int. No. 87-5-RSPA SOURCE: Gordon Rousseau Senior Technical Advisor Lawrence W. Bierlein, P.C. Washington, D.C. 20007 FACTS: Request for an interpretation of 49 CFR $ 173.12, regarding hom S 173.12 applies to hazardous substances and poisonous materials, particularly poisonous liquids that are toxic-by-inhalation. Paragraph (a) of S 173.12 states: "Waste material... are excepted from the specification packaging requirements of this subchapter if packaged in combination packagings in accordance with this section.... In addition, a generic proper shipping name from S 172.101 may be used in place of specifie chemical names, when two or more maste materials in the same hazard class are packaged in the same outside packaging ("labpacks"), provided the maste materials are chemically compatible." The request for interpretation involves four specific questions concerning S 173.12: (1) Does $ 173.12 provide an exception to the additional poison and hazardous substance identification requirements of S 172.203(c) and (k); (2) Does S 173.18 apply when additional requirements are imposed by other sections (eg., SS 172.203, 172.301(a), 172.324); (3) How is S 173.12 affected by the marking requirements adopted under HM-196 and HM-145F; and (4) When combinations of maste stream sources are contained in the same labpack are maste stream numbers for each source to appear on the outside packaging and shipping papers. INTERPRETATION: Section 173.12 provides exceptions for shipments of maste shippers of all the requirements of the Hazardous Materials Regulations (HMR], materials and allows the use of "labpacks." However, S 173.12 does not relieve and there are limitations on the use of the exceptions in that section. First, of either paragraphs (c) or (k) of $ 172.203. Second, S 173.12 does not grant relief S 173.12 is not intended to provide an exception from the description requirements from specific shipping paper and marking requirements such as those contained in SS 172.203, 172.301, and 172.324. Moreover, regardless of $ 173.12, materials that meet the toxic by inhalation requirements of S 173.3a pose extreme safety hazards and must be packaged as prescribed in $ 173.3a. Third, $ 173.12 does not provide exceptions from the requirements adopted under HM-198 and HM-145F. Under HM-145F, each hazardous substance contained in a "labpack" must be identified as required by S 172.324. Generic shipping names may be used only if the specific#

Page 2! : 2 chemical names required by SS 172.203 and 172.324 are included in the shipping abpack, each stream must be identified with the appropriate waste stream numbe escriptions. Last, If samples of different waste streams are contained within on the shipping papers and the outside packages. CD. Amete. for George w. Tenley. J7S22/ Office of the Chief Counsel Research and Special Programs UN 2 1987 Administration ! ISSUED: CERTIPIED MAIL - RETURN RECEIPT REQUESTED#

Page 3Interpretation 87-5-RSPA: ABSTRACT The exceptions in $ 173.12 do not relieve shippers of all the requirements of the Hazardous Materials Regulations [HMR] and there are numerous restrictions on use of the exceptions in that section. Initially, S 173.12 is not intended to provide an exception from the description requirements of either paragraphs (c) or (k) of S 172.203. Secondly, S 173.12 does not grant relief from specific shipping paper and marking requirements such as those contained in SS 172.203, 172.301, and 172.324. Moreover, materials that meet the toxic-by-inhalation requirements of S 173.3a must be packaged and accompanied by the communication paperwork prescribed in the HMR's. Thirdly, S 173.12 does not except the requirements that are adopted under Dockets HM-196 and HM-145F. Under HM-145F, each hazardous substance contained in a "Labpack" must be identified as required by S 172.324. Lastly, If samples of different waste streams are contained within a labpack, each stream must be identified with an appropriate number on the shipping papers and on the outside packages. • i#

Page 4Interpretation 87-5-RSP A: SECTIONS APPECTED 49 CFR $ 172.203 49 CFR $ 172.101 49 CFR $ 172.301(a) 49 CFR S 172.324 49 CPR S 172.203(c) 49 CFR S 172.203(k) 49 CFR S 173.12 Docket No. HM-196, 50 Fed. Reg. 41, 092 (1985) (to be codified at 49 C.F.R. Parts 172 & 173). Docket No. HM-145F, 51 Fed. Reg. 42,174 (1986) (to be codified at 49 C.F.R. Parts 172 & 173).#

Page 5... Interpretation 87-5-RSPA: KEY WORDS Exceptions-Packaging Labpacks Packaging Requirements Poisonous Materials Toxic-by-inhalation Waste Streams ...#