technical name

Q&A: Will “Proprietary Ingredient 1” suffice as a technical name in the shipping description?

Q&A: Will “Proprietary Ingredient 1” suffice as a technical name in the shipping description?

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!

Section 14 SDS Combustible Liquid Marine Pollutant

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.

Hazardous Materials Table entry for Combustible Liquid

  • “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).

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

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

The Exception From use of the Technical Name for Lab Pack Shipments of Hazardous Waste

Sometimes when shipping hazardous materials the proper shipping name does not adequately describe the contents of the shipment.  An example of this, found in the Hazardous Materials Table (HMT) at 49 CFR 172.101 is the proper shipping name of:  Flammable Liquids, n.o.s. This entry and others like it contain the letter ‘G’ in column 1 of the HMT.  The ‘G’ stands for generic and indicates that one or more technical names must be included with the proper shipping name on the shipping paper and on the package.

An earlier article I wrote addressed the requirement to use the technical name when shipping HazMat, you may read it here.  In this article I will address one of the exceptions for the shipment of hazardous waste in lab packs found in49 CFR 173.12.  The exception provides relief from the requirement to use technical names when shipping lab packs of hazardous waste.

The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

49 CFR 173.12(b) first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

  1. A material poisonous-by-inhalation
  2. A Division 6.1, Packing Group I material
  3. Chloric Acid
  4. Oleum (fuming sulfuric acid)

It goes on to identify the Class and Division of lab packed hazardous waste that are excepted as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel, they are:

  • Class 3 Flammable or Combustible Liquid
  • Division 4.1 Flammable Solid
  • Division 4.2 Spontaneously Combustible
  • Division 4.3 Dangerous When Wet
  • Division 5.1 Oxidizer
  • Division 5.2 Organic Peroxide
  • Division 6.1 Poison
  • Class 8 Corrosive
  • Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

  • not a prohibited material?
  • an authorized Class or Division?
  • to be shipped by highway, rail, or cargo vessel?
  • packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered yes to all of the above, then you may take advantage of the following exceptions:

  1. A generic description from the Hazardous Materials Table may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging.  This means that a combination packaging containing several containers of sulfuric, nitric, and hydrochloric acid can utilize the proper shipping name of:  Waste Corrosive Liquids, n.o.s.  Read here for an explanation of when to use the word “waste” with a proper shipping name.
  2. You need not include the technical name(s) on the shipping paper or on the package even if there is a ‘G’ in column 1 of the HMT for that proper shipping name.

But, as Columbo used to say, “Just one more thing…”  If the hazardous waste is also a hazardous substance(defined at 49 CFR 171.8), then it must be described as required in 49 CFR 172.203(c).  Which means you need to make sure the name of the hazardous substance and the letters ‘RQ’ are included with the proper shipping name on the shipping paper and the package.

To learn more about shipping hazardous waste, hazardous substances, hazardous materials, and all the requirements of a HazMat Employee, attend one of my training events.  My training also covers the US EPA training requirements for generators of hazardous waste.  You can complete both of these training requirements in one day.

Contact me to schedule on-site training!

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Use of the Technical Name with the Proper Shipping Name When Shipping HazMat

When determining a proper shipping name for your hazardous materials shipment it is important to select from the Hazardous Materials Table at 49 CFR 172.101 the most specific name that best describes the hazardous material to be shipped.  Proper shipping names should be selected in the following order:

  1. The chemical identity of the hazardous material:  its technical name.
  2. The name of a category or group of chemicals, e.g. “Alcohols, n.o.s.”
  3. The intended use of the material, e.g. “Resin Solution”.
  4. It describes the hazard(s) of the material, e.g. “Flammable Liquid, n.o.s.”

It is when the fourth option of the above is chosen that you must pay special attention to column 1 of the Hazardous Materials Table and see if the letter ‘G’ appears there.  The ‘G’ stands for Generic and means that the proper shipping name selected does not go far enough to describe the hazards of the material it represents.  It is necessary therefore to include the technical name of the hazardous material on the shipping paper.  Technical Name is defined at 49 CFR 171.8 and means a recognized chemical name used by science.  It does not allow for the use of trade names.

The regulations at 49 CFR 172.203(k) indicate the correct use of the technical name on the shipping paper; please continue for a summary of this information.

If the material is not a mixture or solution, than you need use only one technical name.  It must appear in parenthesis and be associated with the basic description.  It may appear thus:

“Corrosive liquid, n.o.s., (Octanoyl chloride), 8, UN 1760, II”, or

“Corrosive liquid, n.o.s., 8, UN 1760, II (contains Octanoyl chloride)”

Note that the use of the word “contains” is allowed, but not required.

If the hazardous material is a mixture or solution of two or more hazardous materials, then the technical names ofat least two hazardous components that contribute the most to the hazards of the material must be listed on the shipping paper as indicated above.  Note that you are required to list “at least two” of the most dangerous constituents, but no upper limit is set.  You may therefore list as many hazardous ingredients as you wish as long as the first two listed are the major contributors to the hazards of the material.  Also note that you are only required to list the hazardous constituents.  If you have a mixture of a hazardous material and non-HazMat, you are not required to list the non-HazMat.

Many people equate the presence of the “n.o.s.” (“not otherwise specified”) at the end of the proper shipping name to be synonymous in meaning with a ‘G’ in column 1, but this is not so.  There are several proper shipping names with “n.o.s.” – such as “Alcohols, n.o.s.” that lack a ‘G’ in column 1.  The regulations at 49 CFR 172.203(k) are clear that the technical name is required on a shipping paper only when a ‘G’ is found in column 1.

For organic peroxides which may qualify for more than one generic listing depending on concentration, the technical name must include the actual concentration being shipped or the concentration range for the appropriate generic listing.

Shipping descriptions for toxic materials that meet the criteria of Division 6.1, PG I or II (Poisonous Material) or Division 2.3 (Poisonous Gas) and are identified by the letter “G” in column 1 of the §172.101 Table, must have the technical name of the toxic constituent entered in parentheses in association with the basic description.

There are some situations where the use of a technical name is not required even if a “G” appears in column 1 of the Hazardous Materials Table.  If a material is a hazardous waste and is described using the proper shipping name of Hazardous waste, solid, n.o.s. or Hazardous waste, liquid, n.o.s. (class 9) it need not include the technical name provided the US EPA hazardous waste code is included near the basic description the same as the requirement for the technical name.  Or, if the material is a reportable quantity of a hazardous substance, you may describe it as required in 49 CFR 172.203(c) instead.

A technical name is also not required if you are shipping a sample of a material for analysis and the hazard class is not known.  Read my article about the US EPA and US DOT requirements for managing samples of hazardous materials.

49 CFR 172.203(k)(2)(iii-iv) allow for a relaxation of the requirement for a technical name in certain rare situations where the proper shipping name – though containing “n.o.s.” – is descriptive enough of the hazards of the material.  I suggest you read these two specific regulations to see if they apply to your operations.

Another exception for the use of the technical name can be found at 49 CFR 173.12 and applies solely to shipments of hazardous waste in lab packs.  I don’t have time to explain lab packs here, but suffice to say that as long as your lab pack shipment of hazardous waste meets the requirements of 49 CFR 173.12(b), then pursuant to 49 CFR 173.12(d) you need not include the technical name on the shipping paper or as a marking on the package.

All of the above is required to appear on the shipping papers, what about on the packaging as a marking?  49 CFR 172.301(b) specifies the requirements for including the technical name on a non-bulk packaging (<119 gallons) as the same as those required on a shipping paper.  Therefore the appearance of the technical name on the shipping paper should match its appearance on the packaging as a marking for non-bulk packages.

49 CFR 172.302 – General Marking Requirements for Bulk Packagings does not include a requirement for the proper shipping name on a bulk packaging unless it is a portable tank or a railroad tank car.  Therefore, the technical name is not required for bulk packagings except in the case of a portable tank or a railroad tank car.

Questions like these come up frequently at the HazMat Courses I hold nationwide and year-round.  My training events meet the regulatory requirements of the US EPA for RCRA training and those of the US DOT for HazMat Employees.  Both together in one day of training.  Please refer to my Schedule of Events to find a training event date and location convenient to you.  Or, contact me directly to schedule on-site training for all of your Hazardous Waste Personnel and HazMat Employees in one day of training for only $1,749.