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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0300 ([Spray Chern Chemical Company] [Mr. Cliff Jacobson])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Spray Chern Chemical Company

Individual Name: Mr. Cliff Jacobson

Location State: CA Country: US

View the Interpretation Document

Response text:

Jan 23, 2004


Mr. Cliff Jacobson                Ref. No.: 03-0300
Spray Chern Chemical Company
705 Keenan Court
Durham, CA 95938

Dear Mr. Jacobson:

This responds to your November 25, 2003 letter requesting clarification of the requirements under the Hazardous Materials Regulations (H1v1R; 49 CFR Parts 171-180) for the segregation and separation of Class 8 (corrosive liquid) and Division 5.1 (oxidizing) hazardous materials transported by highway. Specifically, you ask whether two empty Intermediate Bulk Containers (!BC) that contain the residue of a liquid Class 8 (corrosive) material and a Division 5.1 (oxidizing) material may be transported by highway in the same vehicle with several inches of air space between the two containers.

As provided by § 173.29, an empty packaging containing only the residue of a hazardous material generally must be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material. Section 177 .848( d) establishes segregation requirements for loading, transporting, or storing hazardous materials on a transport vehicle. The table in § 177.848(d) prohibits a Class 8 corrosive liquid and a Division 5.1 oxidizer from being loaded, transported, or stored together in the same transport vehicle unless the packages are separated so that,
in the event of leakage from the packages during transportation, commingling of the hazardous materials will not occur. Further, despite the method of separation employed, Class 8 liquids may not be loaded above or adjacent to Division 5.1 materials (see § 177.848(e)(3)). Packages containing residues of a Class 8 liquid and a Division 5.1 material must be loaded, transported, and stored in accordance with the segregation requirements in § 177.848(d).

Several inches of air space between containers of incompatible liquid hazardous materials does not satisfy the requirements of § 177.848(d). Air space would not prevent commingling of the liquid hazardous materials in the event of failure of the containers. Moreover, merely placing the packages on pallets to elevate them above the vehicle floor does not satisfy the separation requirements. Separation must be accomplished by a means of physical separation, such as by placing non-permeable barriers, non-reactive freight, or non-combustible, non-reactive absorbents between the packagings, or by elevating the freight in a manner that prevents commingling of the liquid hazardous materials required to be separated. Note, however, that § 177.848(e)(3) permits a shipper to load truckload shipments of Class 8 corrosive liquids and Division 5.1 oxidizer materials together when it is known that the mixture of contents would not cause a fire or a dangerous evolution of heat or gas. As used in this section, the term "truckload" means a shipment of hazardous materials loaded onto a transport vehicle by a single shipper. Shipments of hazardous materials offered to a carrier by different shippers and loaded into a transport vehicle are not truckload shipments.

You also ask whether an mc that has been rinsed is subject to the HMR. In accordance with
§ 173.29(b )(2)(ii), a packaging that is sufficiently cleaned of residue and purged of vapor to remove
any potential hazard is not regulated under the HMR. "Cleaned and purged" means that no residual material and no residual vapor remains in the interior of a container. The methods used are intentionally not defined because they vary greatly depending on the nature of the hazardous material and the type of packaging. In some instances, a packaging can be totally emptied of hazardous material, including residue, without undergoing a cleaning process, and may be considered to have been cleaned and purged. In other instances, an active cleaning process may be necessary to purge a packaging of hazardous residue.

I hope this information is helpful. Please contact us if you require additional assistance.



Susan Gorsky
Senior Transportation Regulations Specialist Office of Hazardous Materials Standards
cc: Paul Hogan, CHP

Regulation Sections

Section Subject
177.848 Segregation of hazardous materials