A question from a former customer June 18, 2020:

It’s been awhile, but I asked you a few questions in the past when I was working at <<Company>>. New job, new adventures.

I know I have come across this before, and I can’t remember the answer.

The following was copied into the email:

I have run into something I have never come across before so I am tapping you both to see if I can get some assistance.

We have a new item that one of our facilities is going to bring on-site that I am setting up in our system. The manufacturer SDS has some weird information in the shipping description that I wanted to get an expert opinion on.

The manufacturer lists the DOT classification as follows:

NA1993, Combustible Liquid, N.O.S. (Proprietary Ingredient 1). Marine pollutant (3-(2-methylpiperidno)propyl 3, 4-dichlorobenzoate).

Is it acceptable to ship a product with a generic shipping name and have it listed as a “Proprietary ingredient?” It seems odd to me when I think about an emergency response perspective.

Any insight is appreciated as I am at a loss here!

My reply that same day:

Thank you for contacting me. Please see below.

• Per 49 CFR 172.101(b)(4), a hazardous material with a ‘G’ in column 1 of the hazardous materials table requires the display of at least one of the technical names of the HazMat with the proper shipping name as a mark on the package and on the shipping paper.

• “Technical name” is defined at 49 CFR 171.8:

Technical name means a recognized chemical name or microbiological name currently used in scientific and technical handbooks, journals, and texts. Generic descriptions are authorized for use as technical names provided they readily identify the general chemical group, or microbiological group. Examples of acceptable generic chemical descriptions are organic phosphate compounds, petroleum aliphatic hydrocarbons and tertiary amines. For proficiency testing only, generic microbiological descriptions such as bacteria, mycobacteria, fungus, and viral samples may be used. Except for names which appear in subpart B of part 172 of this subchapter, trade names may not be used as technical names.

• In sum, a technical name is…
  • A recognized chemical name or microbiological name.
  • Generic descriptions are authorized only if they readily identify the general chemical or microbiological group. Acceptable generic chemical descriptions as technical names are:
    • Organic phosphate compounds
    • Petroleum aliphatic hydrocarbons
    • Tertiary amines
  • Trade names may not be used as technical names unless they are listed as a proper shipping name or shipping description in column B of the Hazardous Materials Table.
• (Proprietary Ingredient 1) does not fulfill this requirement. It must be replaced with a technical name.
• However, pursuant to 49 CFR 172.203(l) the HazMat is also described as a marine pollutant. This additional description includes the name of the marine pollutant in parenthesis after the words “Marine Pollutant”. It is possible that the inclusion of the name of the marine pollutant may suffice to also meet the requirement to include the technical name of the HazMat if it meets the requirements for a technical name described above. If the name of the marine pollutant is also used as the technical name of the HazMat, the text “(Proprietary Ingredient 1)” should be removed.

Further:

• The requirement to include the technical name of a HazMat as an additional description to the shipping description is at 49 CFR 172.203(k).
• The requirement to include the technical name of the HazMat as a mark on the package is at 49 CFR 172.301(b).

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