Interpretation Response #10-0078 ([Reagent Chemical & Research, Inc.] [Mr. Robert Dritschel])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Reagent Chemical & Research, Inc.
Individual Name: Mr. Robert Dritschel
Location State: NJ Country: US
View the Interpretation Document
Response text:
May 4, 2010
Mr. Robert Dritschel
Regulatory Affairs Manager
Reagent Chemical & Research, Inc.
115 US Highway 202
Ringoes, NJ 08551
Reference No. 10-0078
Dear Mr. Dritschel:
This is in response to your March 30, 2010 letter concerning the use of a generic proper shipping name under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your material is "UN 1789, Hydrochloric acid, 8, PG II" that contains "UN 1805, Phosphoric acid solution, 8, PG III" as a contaminant in various concentrations from single digits in parts per million to 20,000 parts per million (2 percent). You ask what level of concentration the phosphoric acid must meet to identify the mixture as "UN 3264, Corrosive liquid, acidic, inorganic, n.o.s., 8, PG II or III."
The technical grade of a hazardous material may contain some impurities and additives that are themselves hazardous materials. If these impurities and additives are of such a low percentage that they do not alter the hazard characteristics of the entire product, then the presence of these impurities will not affect the selection of the proper shipping name. It is the shipper's responsibility to class and describe a hazardous material using appropriate test data and experience. This Office does not normally perform that function. However, it is the opinion of this Office that hydrochloric acid that contains up to 2 percent of phosphoric acid solution may be transported under the shipping name "UN 1789, Hydrochloric acid, 8, PG II." We recommend that you verify this determination by testing the mixture with its highest concentration of phosphoric acid in accordance with the applicable requirements prescribed in the HMR.
Also, please note that under the provisions of 49 CFR Part 172, Subparts C and D, a generic or n.o.s. description may require the technical name of one or more constituents that makes the product a hazardous material to be added to the shipping papers and package markings in association with the proper shipping name.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Reinvention and Review
Office of Hazardous Materials Standards
172.101, 172.202, 172, Subparts C and D