Determination of Hazard Class

This is in response to your letter dated June 29, 1999, concerning the requirements for determining the hazard class of your product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for assistance in determining whether or not spent Alodine solution is forbidden from transportation under §§ 173.21 or 173.24, or carries a subsidiary hazard, and whether a motor carrier may carry the material to a hazardous waste treatment facility.

Sections 173.21(e) and 173.24 (e)(4) do not apply to the mixture of hazardous materials in the, manufacturing process, they apply to separate materials packaged or stored together in transportation. Section 177.848(c) applies to segregating packages of hazardous materials from other packages of hazardous materials. According to your letter, you are shipping a hazardous material in an authorized packaging, and are not packaging it or mixing it with other materials.

Regarding the subsidiary hazard for your material, it is the shipper's responsibility to class a material and determine whether a subsidiary hazard exists under the HMR. In your letter, you state that your material off-gasses a trace amount (0.36 Mg/M3 (0.33 ppm)) of hydrogen cyanide vapor. Based upon this information, this Office agrees that your material is properly classed and does not meet the definition for a Division 6.1 subsidiary hazard. Therefore, your product may be transported as "Waste Corrosive Liquid, Inorganic, N.O.S. (Chromic Acid, Nitric Acid), 8, UN3264, PG 11" by an appropriately licensed motor carrier to a waste treatment facility.