Hazardous wastes

(9) Hazardous wastes. If the word waste is not included in the hazardous material description in Column 2 of the Table, the proper shipping name for a hazardous waste (as defined in 171.8 of this subchapter), shall include the word Waste preceding the proper shipping name of the material. For example: Waste acetone. (10) Mixtures and solutions. (i) A mixture or solution meeting the definition of one or more hazard class that is not identified specifically by name, comprised of a single predominant hazardous material identified in the Table by technical name and one or more hazardous and/or non-hazardous material, must be described using the proper shipping name of the hazardous material and the qualifying word mixture or solution, as appropriate, unless (A) Except as provided in 172.101(i)(4) the packaging specified in Column 8 is inappropriate to the physical state of the material; (B) The shipping description indicates that the proper shipping name applies only to the pure or technically pure hazardous material; (C) The hazard class, packing group, or subsidiary hazard of the mixture or solution is different from that specified for the entry; (D) There is a significant change in the measures to be taken in emergencies; (E) The material is identified by special provision in Column 7 of the 172.101 Table as a material poisonous by inhalation; however, it no longer meets the definition of poisonous by inhalation or it falls within a different hazard zone than that specified in the special provision; or (F) The material can be appropriately described by a shipping name that describes its intended application, such as Coating solution, Extracts, flavoring or Compound, cleaning liquid.. (ii) If one or more of the conditions in paragraphs (c)(10)(i)(A) through (F) of this section is satisfied then the proper shipping name selection process in (c)(12)(ii) must be used. (iii) A mixture or solution meeting the definition of one or more hazard class that is not identified in the Table specifically by name, comprised of two or more hazardous materials in the same hazard class, must be described using an appropriate shipping description (e.g., Flammable liquid, n.o.s.). The name that most appropriately describes the material shall be used; e.g., an alcohol not listed by its technical name in the Table shall be described as Alcohol, n.o.s. rather than Flammable liquid, n.o.s.. Some mixtures may be more appropriately described according to their application, such as Coating solution or Extracts, flavoring liquid rather than by an n.o.s. entry. Under the provisions of subparts C and D of this part, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution may be required in association with the proper shipping name. (11) Except for a material subject to or prohibited by 173.21, 173.54, 173.56(d), 173.56(e), 173.224(c) or 173.225(b) of this subchapter, a material that is considered to be a hazardous waste or a sample of a material for which the hazard class is uncertain and must be determined by testing may be assigned a tentative proper shipping name, hazard class, identification number and packing group, if applicable, based on the shipper's tentative determination according to: (i) Defining criteria in this subchapter; (ii) The hazard precedence prescribed in 173.2a of this subchapter; (iii) The shipper's knowledge of the material; (iv) In addition to paragraphs (c)(11)(i) through (iii) of this section, for a sample of a material other than a waste, the following must be met: (A) Except when the word Sample already appears in the proper shipping name, the word Sample must appear as part of the proper shipping name or in association with the basic description on the shipping paper. (B) When the proper shipping description for a sample is assigned a G in Column (1) of the 172.101 Table, and the primary constituent(s) for which the tentative classification is based are not known, the provisions requiring a technical name for the constituent(s) do not apply; and (C) A sample must be transported in a combination packaging that conforms to the requirements of this subchapter that are applicable to the tentative packing group assigned, and may not exceed a net mass of 2.5 kg (5.5 pounds) per package. (12) Except when the proper shipping name in the Table is preceded by a plus (+) (i) If it is specifically determined that a material meets the definition of a hazard class, packing group or hazard zone, other than the class, packing group or hazard zone shown in association with the proper shipping name, or does not meet the defining criteria for a subsidiary hazard shown in Column 6 of the Table, the material shall be described by an appropriate proper shipping name listed in association with the correct hazard class, packing group, hazard zone, or subsidiary hazard for the material. (ii) Generic or n.o.s. descriptions. If an appropriate technical name is not shown in the Table, selection of a proper shipping name shall be made from the generic or n.o.s. descriptions corresponding to the specific hazard class, packing group, hazard zone, or subsidiary hazard, if any, for the material. The name that most appropriately describes the material shall be used, e.g., an alcohol not listed by its technical name in the Table shall be described as Alcohol, n.o.s. rather than Flammable liquid, n.o.s. Some mixtures may be more appropriately described according to their application, such as Coating solution or Extracts, liquid, for flavor or aroma, rather than by an n.o.s. entry, such as Flammable liquid, n.o.s. It should be noted, however, that an n.o.s. description as a proper shipping name may not provide sufficient information for shipping papers and package markings. Under the provisions of subparts C and D of this part, the technical name of one or more constituents that makes the product a hazardous material may be required in association with the proper shipping name. (iii) Multiple hazard materials. If a material meets the definition of more than one hazard class, and is not identified in the Table specifically by name (e.g., acetyl chloride), the hazard class of the material shall be determined by using the precedence specified in 173.2a of this subchapter, and an appropriate shipping description (e.g., Flammable liquid, corrosive n.o.s.) shall be selected as described in paragraph (c)(12)(ii) of this section. (iv) If it is specifically determined that a material is not a forbidden material and does not meet the definition of any hazard class, the material is not a hazardous material. (13) Self-reactive materials and organic peroxides. A generic proper shipping name for a self-reactive material or an organic peroxide, as listed in Column 2 of the Table, must be selected based on the material's technical name and concentration, in accordance with the provisions of 173.224 or 173.225 of this subchapter, respectively. (14) A proper shipping name that describes all isomers of a material may be used to identify any isomer of that material if the isomer meets criteria for the same hazard class or division, subsidiary risk(s) and packing group, unless the isomer is specifically identified in the Table. (15) Unless a hydrate is specifically listed in the Table, a proper shipping name for the equivalent anhydrous substance may be used, if the hydrate meets the same hazard class or division, subsidiary risk(s) and packing group. (16) Unless it is already included in the proper shipping name in the 172.101 Table, the qualifying words liquid or solid may be added in association with the proper shipping name when a hazardous material specifically listed by name in the 172.101 Table may, due to the differing physical states of the various isomers of the material, be either a liquid or a solid (for example Dinitrotoluenes, liquid and Dinitrotoluenes, solid). Use of the words liquid or solid is subject to the limitations specified for the use of the words mixture or solution in paragraph (c)(10) of this section. The qualifying word molten may be added in association with the proper shipping name when a hazardous material, which is a solid in accordance with the definition in 171.8 of this subchapter, is offered for transportation in the molten state (for example, Alkylphenols, solid, n.o.s., molten). (17) Unless it is already included in the proper shipping name in the 172.101 Table, the qualifying word stabilized may be added in association with the proper shipping name, as appropriate, where without stabilization the substance would be forbidden for transportation according to 173.21(f) of this subchapter.

Source

49 CFR § 172.101


Scoping language

in this subchapter
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