Interpretation Response #02-0142 ([White House Sales] [Mark Frese])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: White House Sales
Individual Name: Mark Frese
Location State: CA Country: US
View the Interpretation Document
Response text:
Aug 6, 2002
Mr. Mark Frese Reference No. 02-0142
Assistant Manager
White House Sales
6959 Eastside Road
Redding, CA 96001
Dear Mr. Frese:
This is in response to your letter requesting clarification on proper segregation and separation of certain products under the Hazardous Materials Regulations (HMR1 49 CFR Parts 171-180). You state that your company was recently cited for failing to properly segregate a pail containing 15 pounds of Bromine tablets (a Division 5.1 oxidizer) from one or more 52-gallon drums containing a 12.5% Sodium hypochlorite solution (a Class 8 corrosive liquid).
We hope you understand that RSPA cannot substitute our judgment for that of a judge or magistrate that conducts a hearing on the citation your company received, and any opinion we provide is based solely on the information provided by you without an opportunity for the authority issuing the citation to present its views and any additional information.
Based on your letter and the enclosed pictures, we understand that the pail containing Bromine tablets was secured to the side gate of your truck with a bungee cord; behind the pail was a cardboard box; and behind the box (in the back comer of the truck bed) was one drum of Sodium hypochlorite solution, also secured to the side gate of the truck with rope. The pictures also seem to indicate that a second drum containing a corrosive material was also located in the opposite rear comer of the truck bed. You asked whether this arrangement meets the requirements of 49 CFR § 177.848(e)(3), which provides that a Class 8 corrosive liquid and a Division 5.1 oxidizer
may not be loaded, transported, or stored together in the same transport vehicle or stored together during the course of transportation unless separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials would not occur.
In the situation you present, it does not appear that the location of these packages on your truck, including the cardboard box in between the pail and one of the drums, would be sufficient to prevent the commingling of the two hazardous materials in the event of a failure of the primary containers of both of them (i.e., Bromine tablets were released from the pail and Sodium hypochlorite solution leaked from the drum(s)). In the event of leakage from the pail and a drum, the cardboard box (even if secured to prevent its movement) does not appear to provide a barrier that would prevent the Sodiumhypochlorite solution from mixing with the Bromine tablets. On the other hand, if one or more pails of Bromine tablets were placed in a secondary container (such as the tote bins shown in the pictures), and located away from drums containing a corrosive liquid, that arrangement would appear to prevent Sodium hypochlorite solution that leaked from a drum from mixing with Bromine tables that were released from the pail.
I hope you find this information helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
177.848(e(3)
Regulation Sections
| Section | Subject |
|---|---|
| 177.848 | Segregation of hazardous materials |