Question (12.08.17):

Hi Daniel

We have about forty 1,000 pound super sacks that we need to ship for disposal before the end of the year.

They will ship as Environmentally hazardous Substance Solid nos UN 3077.

Waste codes D007 and D011 (due to toxic levels of chromium and silver, respectively).

Looking at the 172.101 table (the hazardous materials table at 49 CFR 172.101) we can ship using IP3 = flexible IBC must be sift-proof and water-resistant. (IP3 is a special provision code found in column 7 of the hazardous materials table).

Read: What are special provisions in the USDOT/PHMSA Hazardous Materials Regulations?

I think that is all we need. They do not need to be otherwise UN rated sack.

Am I right?

Thanks

Before I could answer he provided more information (12.08.17):

I was just told that since it is a hazardous waste that we should ship as a hazardous waste, not hazardous substance name so we are not allowed IP3 and must follow IB8.

Thoughts?

My answer (12.08.17):

I believe I have an answer to your question below.

• I do not believe the HazMat you describe can be classified as UN3077, Environmentally hazardous Substance, Solid, n.o.s. This is because special provisions code 146 in column 7 for that entry reads as follows (emphasis added):

This description may be used for a material that poses a hazard to the environment but does not meet the definition for a hazardous waste or a hazardous substance, as defined in §171.8 of this subchapter, or any hazard class, as defined in part 173 of this subchapter, if it is designated as environmentally hazardous by another Competent Authority. This provision may be used for both domestic and international shipments.

• Since this HazMat is a hazardous waste (USEPA hazardous waste codes D007 & D011) and will likely be an reportable quantity (RQ) of a hazardous substance for one or both, it can’t be shipped as UN3077, Environmentally hazardous substance, solid, n.o.s.
• Instead, I believe, it must be classified as: NA3077, Hazardous waste, solid, n.o.s., 9, PG III.
• Both UN3077 and NA3077 are subject to special provision code IB8 which indicates the need for specification packaging when shipping in an IBC (intermediate bulk container).
• UN3077 alone is subject to IP3 which is in addition to IB8 and not a replacement for it.
• Both UN3077 and NA3077 are subject to bulk packing instructions at 49 CFR 173.240. While these packing instructions allow for non-DOT specification rail cars (paragraph a), motor vehicles (paragraph b), and portable tanks and closed bulk bins (paragraph c), it requires specification packaging for IBCs (paragraph d).
• In short, this HazMat must be classified as NA3077, Hazardous waste, solid, n.o.s., 9, PG III and if shipped in an IBC must be packed in a DOT specification packaging.

I hope this helps. Please contact me with any other questions.

Conclusion:

That did it!