Interpretation Response #12-0179 ([Dysol & MagChem] [Mr. Danny Gehlhausen])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/01/2012

Company Name: Dysol & MagChem

Individual Name: Mr. Danny Gehlhausen

Location State: TX Country: US

View the Interpretation Document

Response text:

October 20, 2012

Mr. Danny Gehlhausen
Quality and Compliance Manager
Dysol & MagChem
2901 Shamrock Avenue
Fort Worth, TX 76107

Ref. No.: 12-0179

Dear Mr. Gehlhausen:

This responds to your initial August 13, 2012 email, and subsequent follow-up email correspondence on August 29, 2012 with a member of my staff, seeking clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the packaging requirements for a material that you are classifying as "UN 1796, Nitrating acid mixtures," containing approximately 20 percent Nitric acid and 40 percent Sulfuric acid. Your questions are paraphrased and answered below.

Q1. Does § 173.158(a), which restricts Nitric acid exceeding 40 percent concentration from being packaged with any other material, infer that materials that contain less than 40 percent Nitric acid concentration do not have to comply with the packaging requirements listed in § 173.158(b) through § 173.158(h)?

A1. The answer is no. Nitric acid mixtures that contain less than 40 percent Nitric acid concentration must comply with the packaging requirements listed in § 173.158(b) through § 173.158(h), as appropriate. Paragraph (a) of § 173.158 is a specific requirement for Nitric acid exceeding 40 percent and does not provide any exception for materials that contain less than 40 percent Nitric acid concentration.

Q2. Is § 173.158(f)(1) the correct paragraph to find the requirements for packaging containing "UN 1796, Nitrating acid mixtures" with approximately 20 percent Nitric acid and 40 percent Sulfuric acid in 5-gallon packagings?

A2. The answer is yes. Section 173.158(f)(1) authorizes Nitric acid of 70 percent or less concentration, when offered for transportation or transported by rail, highway, or water, to be packaged in composite packagings 6PA1, 6PA2, 6PB1, 6PB2, 6PC, 6PD1, 6PH1, or 6PH2, as well as 6HH1 and 6HA1 composite packaging with plastic inner receptacles meeting the compatibility requirements § 173.24(e) (e.g., PFA Teflon). Section 173.158(f)(1) does not restrict the capacity of the packagings.

It should be noted that § 173.158(f)(1) is not the only authorized packaging configuration for Nitric acid of 70 percent or less concentration. As specified in §§ 173.158(f)(2) and 173.158(f)(3,) other configurations of composite packagings are permitted provided the requirements of these sections are met and the required inner packagings do not exceed 2.5 L each.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

173.158, 173.24

Regulation Sections