WHY LEAD IS AND IS NOT
A HAZARDOUS MATERIAL

When is Lead regulated as a Hazardous Material?

To find out, check the Department of Transportation 49 CFR 172.101 Hazardous Materials Table, for pure “Lead” and not, for example; “Lead dross” which is listed as Class 8 corrosive. Since pure Lead is not listed in the 172.101 Hazardous Materials Table, then check Appendix A to 172.101, The Hazardous Substance and Reportable Quantities List, in which Lead with a ¢ is listed with a 10 lb “RQ”. (note; the ¢ means the RQ for these hazardous substances is limited to those pieces of the metal having a diameter smaller than 100 micrometers, or 0.004 \ inches). 

Then reference the definition in 171.8 for Hazardous substance, which means a material, including mixtures and solutions, that is listed in the appendix A to §172.101 of this subchapter and is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the appendix A to 172.101.

If it is regulated as a “RQ” Hazardous Substance

Ship as “RQ, UN 3077, Environmentally Hazardous Substance, Solid, N.O.S, 9, PG III, (Lead)”, because 172.203(c) Hazardous Substances states that if the proper shipping name for a material that is a hazardous substance does not identify the hazardous substance by name, the name of the hazardous substance or waste code must be entered in parentheses in association with the basic description. If the material contains two or more hazardous substances, at least two hazardous substances or waste codes, with the lowest reportable quantities (RQs), must be identified and the letters “RQ” must be entered on the shipping paper either before or after the basic description. For example: “RQ, UN 3077, Environmentally hazardous substances, solid, n.o.s., 9, III, (Adipic acid)”.

In Conclusion

The question to ask yourself when shipping pure Lead would be whether or not each container contained over 10 pounds of Lead particles less than 100 micrometers or 0.004 \ inches. If not, then it would not be considered a 49 CFR hazardous substance (ie; hazardous material).

This is why you can’t trust OSHA Safety Data Sheets (SDS), they are not for shipping materials they are for protecting workers, (see transportation information in the links in title). If you are not sure of when your chemical is a hazardous material, substance or waste under DOT, EPA or OSHA email me or better yet, sign up for our next seminar now!

Robert J Keegan
Publisher and President 
Hazardous Materials Publishing Company 
Transportation Skills Programs 
hazmat.tsp@gmail.com