Interpretation Response #10-0024 ([ATMI] [Mr. James McManus])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: ATMI
Individual Name: Mr. James McManus
Location State: CT Country: US
View the Interpretation Document
Response text:
April 27, 2010
Mr. James McManus
ATMI
7 Commerce Drive
Danbury, CT 06810
Ref. No. 10-0024
Dear Mr. McManus:
This responds to your February 1, 2010 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the term "inappropriate" as used in § 172.101(c)(10)(A) and "significant change" as used in
§ 172.101(c)(10)(D).
Section 172.101(c)(10) specifies requirements for a mixture or solution not identified specifically by name in the Hazardous Materials Table (HMT) that consists of a hazardous material identified in the HMT by technical name and a non-hazardous material. In accordance with paragraph (c)(10)(A) of this section, such a material must be described using the proper shipping name of the hazardous material and the qualifying word "mixture" or "solution", as appropriate, unless the packaging specified for the named hazardous material in column 8 of the HMR is inappropriate to the physical state of the material. In this context, the term "inappropriate" means the packaging specified in column 8 authorized for the hazardous material in the mixture or solution is no longer appropriate for transportation because the characteristics of the material in solution differ from the characteristics of the pure hazardous material. For example, the pure hazardous material may be a solid, but the mixture or solution containing the material is a liquid. You are correct that § 172.101(c)(10)(A) would apply to a material for which the vapor pressure is dramatically reduced from the pure hazardous material, allowing the use of a lower pressure-rated receptacle.
In accordance with § 172.101(c)(10)(D), a mixture or solution consisting of a hazardous material identified in the HMT by technical name and a non-hazardous material may not be described using the proper shipping name of the hazardous material and the qualifying word "mixture" or "solution" if there is a significant change in the measures to be taken in the event of an emergency. In this context, the term "significant change" means that the hazard characteristics of the mixture or solution dictate emergency response measures that differ from measures that would be taken in the event of an emergency involving the pure hazardous material. You are correct that § 172.101(c)(10)(D) would apply where the properties of the mixture or solution are such that the initial isolation and protective action distances could be significantly reduced from those required for the pure hazardous material based on emission rate and dispersion model release data.
I hope this answers your inquiry. If you require additional assistance, do not hesitate to contact this Office at 202-366-8553.
Sincerely,
Charles. E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.101
Regulation Sections
| Section | Subject |
|---|---|
| 172.101 | Purpose and use of hazardous materials table |