Copper Sulphate

This is in response to your letter dated September 17, 1997, regarding whether Copper sulphate can be shipped in flexible intermediate bulk containers (IBCs), designed and tested to Packing Groups II and III level performance tests, under the Hazardous Materials Regulations (HMR.; 49 CFR Parts 171-180).

You did not provide any information (such as a hazardous material proper shipping name; hazard class; physical form (i.e., liquid or solid); ingredients at certain concentrations; or whether aqueous solutions, etc.) on your product. Under the HMR, "Cupric sulphate" which is synonymous with "Copper sulphate" is listed in the Hazardous Substance Table in § 172.101, Appendix A, Table I, as a hazardous substance with a reportable quantity (RQ) of 10 pounds per package. If your product which contains "Cupric sulphate" meets the definition of a hazardous substance, in § 171.8, and does not meet the definition of any other hazard class, it would be described as either "Environmentally hazardous substances, liquid, n.o.s., 9, UN 3082, III," and packaged as prescribed in § 173.241, or as Environmentally hazardous substances, solid, n.o.s., 9, UN 3077, III," and packaged as prescribed in § 173.240.

Copper sulfate is a solid in normal form; however, if your product which contains "Copper sulfate" is in a solution or is a liquid, as specified in § 173.241(d)(2), FIBCs may rull be used for liquids or materials which may become liquid 'during transportation. The packaging requirements in § 173 .240(d)(1) prescribe FIBCs for certain low hazard solid materials (e.g., "Class 9"). Therefore, your FIBCs certified to a Packing Group II or III performance level may be used to ship "Copper sulphate" in solid form.