Interpretation Response #04-0166
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 4, 2005
Ms. Christine Arcari Reference No. 04-0166
Hogan & Hartson L.L.P.
555 13th Street, NW
Washington, DC 20004
Dear Ms. Arcari:
This responds to your e—mail requesting clarification of the packaging requirements for insoluble solids pack in liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts l71-180). Specifically, you ask whether an insoluble solid such as Phosphorus, white or yellow (UN1381) must be placed in a specification packaging (1A2, removable head steel drum) rated for both solids and liquids when packaged under water as prescribed in § 173.188. I apologize for the delay in responding and any inconvenience it may have caused.
The answer is no. As prescribed in § 173.188(a) (2;, white or yellow phosphorus may be placed in water in a removable head steel drum (lA2) with a capacity not over 115 L (30 gallons) As specified in the § 173.188 introductory text, the drum must be rated at the Packing Group I performance level and, because the drum contains a material that remains in a liquid phase when transported, the drum need only be tested for liquids. A drum containing a pyrophoric material such as white or yellow phosphorus must contain sufficient water so that the material remains covered in transportation regardless of orientation.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|White or yellow phosphorus