Interpretation Response #22-0080
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Arkema – Health Environment and Safety
Individual Name: Steve Schulte
Location State: PA Country: US
View the Interpretation Document
Response text:
October 7, 2022
Steve Schulte
Arkema – Health Environment and Safety
900 First Ave., Building #2
King of Prussia, PA 19406
Reference No. 22-0080
Dear Mr. Schulte:
This letter is in response to your May 16, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to subsidiary labeling requirements for organic peroxides. Specifically, you ask whether your understanding is correct that a hazardous material—in your case "UN3103, Organic peroxide type C, liquid, 5.2, (tert-Butyl hydroperoxide, >79-90%)"—requires both a Division 5.2 hazard label and a Class 8 hazard label, when Column 8 (Notes) of the § 173.225 Table 1 to paragraph (c) - Organic Peroxide Table assigns a number "13."
Your understanding is correct. As indicated in § 173.225(c)(8), Column 8 specifies other applicable provisions, as set forth in the notes following the Table 1 to paragraph (c) - Organic Peroxide Table. Specifically, Note 13 states a corrosive subsidiary risk label is required. Therefore, any material listed in the table that is assigned "13" in Column 8 requires a Class 8 (corrosive) subsidiary hazard label, along with the primary hazard label.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.225, 173.225(c)(8)