Interpretation Response #01-0235 ([Alliant Techsystems Inc.] [Mr. Christopher J. Widman])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Alliant Techsystems Inc.
Individual Name: Mr. Christopher J. Widman
Location State: MN Country: US
View the Interpretation Document
Response text:
February 6, 2002
Mr. Christopher J. Widman Reference No. 01-0235
Alliant Techsystems Inc.
Twin Cities Arsenal
New Brighton, MN 55112
Dear Mr. Widman:
This responds to your letter requesting an exception to transport waste water samples as “Not Regulated” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided copies of previous interpretations issued to other shippers of “identical materials,”
except for the size of the packaging and the volume of the preservative. You seek relief from the requirements under the HMR for packaging, marking, and labeling waste water samples as Class 8 (corrosive) materials.
Alliant Techsystems, Inc., currently transports “Waste Water Samples,” preserved with various amounts and concentrations of Class 8 (corrosive) materials. These materials are shipped as limited quantities under the exception for corrosive materials in § 173.154(a)(2), and are not eligible for the small quantities exception in § 173.4. In a subsequent telephone conversation with Helen Engrum, a member of my staff, you clarified that you are requesting an exception from the HMR for waste water samples: 1) In 40 ml, 500 ml, and 1000 ml inner containers; 2) In a volume of 1.0% concentration of preservative; and 3) With a pH range from 0 to 12. You asked that the materials listed below be excepted from the HMR. The materials are as follows:
Hazardous Materials Size of Inner Containers
Hydrochloric acid (HC1),in water at concentrations 40 ml, 500 ml, and 1000ml
of 1.0% by weight or less
Nitric acid (HN03) in water at concentrations 500 ml and 1000ml
of 1.0% by weight or less
Sulfuric acid (H2SO4) in water at concentrations 500 ml and 1000ml
of 1.0% by weight or less
Sodium hydroxide (NaOH) in water at concentrations 500 ml and 1000ml
of 1.0% by weight or less
You did not provide sufficient information (e.g., corrosivity data) to support an exception from regulation under the HMR. Based on the information you provided, it is our opinion that the preservatives in water solutions in the concentrations listed above meet the definition of Class 8 (corrosive) materials. In addition, waste water samples that have a pH range of 2 or less or 11.5 or greater are classified as a Class 8 (corrosive) in accordance with “OECD Guideline For Testing of Chemicals (See §§ 173.136 and 173.137). Therefore, the waste water samples indicated above, containing the various concentrations of corrosive materials, are subject to the HMR and may not be shipped “Not Regulated” for purposes of transportation.
I hope this satisfies your inquiry.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standard
173.136
Regulation Sections
| Section | Subject |
|---|---|
| 173.136 | Class 8-Definitions |