Interpretation Response #02-0093 ([U.S. Environmental Protection Agency] [Henry L. Longest])
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. Environmental Protection Agency
Individual Name: Henry L. Longest
Location State: DC Country: US
View the Interpretation Document
Response text:
Feb 13, 2003
Mr. Henry L. Longest, II Reference No. 02-0093
Acting Assistant Administrator
U.S. Environmental Protection Agency
1300 Pennsylvania Ave, NW (8101R)
Washington, DC 20460
Dear Mr. Longest:
This is in response to your January 29, 2002 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to certain environmental samples. Specifically, you requested confirmation that environmental samples which are preserved at the Environmental. Protection Agency (EPA) prescribed guidance concentrations, even when reasonably over-preserved, are not corrosive materials subject to the HMR.
The answer is yes. According to your letter and test results submitted, four preservatives (three acids and one base: Nitric acid; Sulfuric acid; Hydrochloric acid; and Sodium Hydroxide) were each tested in an aqueous solution. The environmental samples were prepared by adding a preservative to distilled water. Preserved samples were tested for corrosivity in accordance with 49 CFR § 173.137.
Based on the test results, it is the opinion of this office that the environmental samples containing the following “upper limit” concentrations: 0.28 weight percent Nitric acid, 0.38 weight percent Sulfuric acid,0.15 weight percent Hydrochloric acid and 0.20 weight percent Sodium hydroxide, do not meet the definition of corrosive material in § 173.136, and, therefore, are not subject to the HMR.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
173.136
Regulation Sections
| Section | Subject |
|---|---|
| 173.136 | Class 8-Definitions |