Interpretation Response #00-0182 ([U. S. Department of Labor] [Mr. John P. Seiler])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: U. S. Department of Labor
Individual Name: Mr. John P. Seiler
Location State: PA Country: US
View the Interpretation Document
Response text:
September 22, 2000
Mr. John P. Seiler Ref. No. 00-0182
Physical and Toxic Agents Division
U. S. Department of Labor
Mine Safety & Health Administration
P.O. Box 18233
Pittsburgh, Pennsylvania 15236
Dear Mr. Seiler:
This is in reference to your letter dated June 20, 2000, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the shipment of mine air samples from remote locations to your laboratory in Pittsburgh. Specifically, you propose to class and label your air samples as "Laboratory Samples- Non-hazardous."
According to your letter and enclosures, evacuated 50cc samples bottles are used to collect mine atmospheric air samples. The glass tip is broken then re-sealed with a plastic cap containing wax and shipped to the laboratory for analysis. An analysis is performed at the laboratory for oxygen, nitrogen, carbon dioxide, carbon monoxide, methane, hydrogen, acetylene, ethylene, ethane, and argon. Most of the time, the concentrations are around normal atmospheric conditions; however, during some mine fires, up to 60% methane can be found.
Under §173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not perform that function. According to your laboratory analysis, your gas samples could contain as much as 60 % methane which is a Division 2.1 flammable gas, as well as other flammable gases such as acetylene, ethylene, and ethane; carbon monoxide which is a Division 2.3 poisonous gas; and Division 2.2 non-flammable gases such as carbon dioxide, oxygen, nitrogen, and argon. If your gas samples meet the hazard class defining criteria in Part 173, they are subject to the HMR. Based upon your hazard class determination, possible shipping descriptions from the Hazardous Materials Table for describing your gas samples are as follows:
Gas sample, non-pressurized, flammable, n.o.s.,2.1, UN 3167 or
Gas sample, non-pressurized, toxic, flammable, n.o.s., 2.3, UN 3168 or
Gas sample, non-pressurized, toxic, n.o.s., 2.3, UN 3169
Section 173.306(a)(4) requires gas samples to be transported under the following conditions:
(1) a gas sample may only be transported as non-pressurized gas when its pressure corresponding to ambient atmospheric pressure in the container is not more than 105 kPa absolute (15.22 psia); (2) nonpressurized gases, toxic (or toxic and flammable) must be packed in hermetically sealed glass or metal inner packagings of not more than one L (0.3 gallons) overpacked in a strong outer packaging; (3) nonpressurized gases, flammable must be packed in hermetically sealed glass or metal inner packagings of not more than 2.5 L (0.5 gallons) overpacked in a strong outer packaging.
I hope this satisfies your inquiry.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.22
Regulation Sections
| Section | Subject |
|---|---|
| 173.22 | Shipper's responsibility |