A question I received May 1, 2015 from a business associate within the community of hazardous material Shippers, Carriers, and Destination Facilities:

Hey Dan,

At work we had a discussion and really could not come to a conclusion.
I would like your input when you have a few moments.

• A customer has 1 pound of copper chloride to dispose of.
• We put it in a labpack for shipping.
• Copper chloride is in 172.101 as UN2802, copper chloride, 8, III
• But it is shown in column 1 with the RQ symbol.
• The RQ for copper chloride is 10 lbs with the @ symbol (not significant).

My understanding is that since we are shipping less than an RQ, the shipment is not subject to 49 CFR.

If I am correct, please cite the relevant regs.

If I am incorrect, please let me know how.

Thanks very much.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail International and Domestic Daniels Training Services 815.821.1550 Info@DanielsTraining.com https://www.danielstraining.com/

My reply on May 8, 2015:

First some clarification and my assumptions:

• Since it is being sent for disposal, the copper chloride is a solid waste and possibly a hazardous waste per the regulations of the USEPA if it is either Listed or exhibits a Characteristic and is not otherwise excluded from regulation.
• Copper chloride is identified by its technical name in column 2 of the Hazardous Materials Table (49 CFR 172.101) as a proper shipping name:

• Copper chloride is identified as a hazardous substance with a reportable quantity of 10 lbs (4.54 kg) in Table 1 of Appendix A to the hazardous materials table:

• I agree that the @ symbol does not impact copper chloride’s classification.
• Copper chloride is also identified as a severe marine pollutant (PP) in Appendix B to the hazardous materials table:

However, pursuant to 49 CFR 171.4(c) a marine pollutant is not subject to the HMR when transported by motor vehicle, rail car, or aircraft in a non-bulk packaging.

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My answer to your question:

I believe the copper chloride must be shipped as a hazardous material (i.e. it is subject to 49 CFR) because it is designated as hazardous in the hazardous materials table at 49 CFR 172.101 (see earlier in this article).  Its status as a hazardous material can be confirmed by determining if it meets the definition of a Class 8 Corrosive as is indicated in column 3 of the hazardous materials table.  If so, it is a hazardous material no matter if it is a Reportable Quantity of a hazardous substance or not.

I hope this helps.  Please don’t hesitate to contact me with any other questions.

I didn’t hear again from this person on this topic so I assume my answer was satisfactory.  I wouldn’t mind hearing from you, though.  So please contact me with any question you may have about the transportation of hazardous materials or hazardous waste.  I won’t use your letter as an article unless you approve.