Special Permits and Exceptions for Lab Packs

This is in response to your June 26, 2006 letter concerning the use of Special Permits (DOT-SP 8445 and DOT-SP 13192) and exceptions for lab packs in § 173.12 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). Your questions are paraphrased and answered as follows:

Q1. Special Permit DOT-SP 8445 authorizes combination packagings containing, certain hazardous wastes or hazardous substances in more than one hazard class. May a packaging prepared in accordance with DOT-SF 8445, which contains acetone, formic acid, and acrylamide, be described under one generic description from the § 172.101 table?

A1. No. Combination packagings containing individual receptacles with more than one class of hazardous material must be classed and described separately for markings and shipping papers.

Q2. How must a packaging prepared in accordance with DOT-SP 13192 containing various Division 6.1 cyanide materials be classed and described (i.e., individual descriptions or one generic description)?

A2. DOT-SP 13192 is not necessary for cyanide materials classed in Division 6.1. As provided by § 173.12(e), the provisions of § 177.848(c) do not apply to a cyanide material properly packaged in lab packs transported with Class 8 acidic material properly packaged in a lab pack or drums not exceeding 55 gallons when specific conditions are met (same restrictions specified in DOT-SP 13192). A lab pack containing various Division 6.1 materials may be described using a generic proper shipping name in accordance with § 173.12(b).

Q3. Copper cyanide and nickel cyanide are Division 6.1 PG II materials and sodium cyanide and potassium cyanide are Division 6.1, PG I materials. Is it true that copper cyanide and nickel cyanide may be offered for transportation and transported under the exceptions in § 173.12(b) and (e) but sodium cyanide and potassium cyanide may not?

A3. Your understanding is correct. The exception for waste materials in § 173.12(b) does not apply to materials classed as Division 6.1 PG I unless transported under the terms of a special permit (e.g., DOT-SP 13192). In addition, the exception in § 173.12(e) requires waste cyanides and waste cyanide solutions or mixtures to be packaged in accordance with § 173.12(b). Therefore, waste cyanides classed as Division 6.1, PG I may not take advantage of the exception from segregation requirements in § 173.12(e).

Q4. Sodium methylate is a Division 4.2 with a subsidiary hazard of Class 8, PG II and aluminum borohydride is a Division 4.2 with a subsidiary hazard of Division 4.3, PG I. Is it true that sodium methylate may be offered for transportation and transported under the exceptions in § 173.12(b) and (e) but aluminum borohydride may not?

A4. Your understanding is partially correct. The exceptions for waste materials in § 173.12(b) and (e) do not apply to materials classed as Division 4.2 PG I unless transported under the terms of a special permit (e.g., DOT-SP 13192). Section 173.12(e) provides an exception from segregation requirements for cyanides and acids; sodium methylate and aluminum borohydride are not considered to be cyanides or acids.