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Interpretation Response #10-0125

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

Interpretation Response Details

Response Publish Date: 04-13-2011
Company Name: Anitox Corporation    Individual Name: Kurt Richardson, Ph.D.
Location state: GA    Country: US

View the Interpretation Document

Response text:

April 13, 2011




Kurt Richardson, Ph.D.
Research Director
Anitox Corporation
1055 Progress Circle
Lawrenceville, GA 30043

Reference No. 10-0125

Dear Mr. Richardson:

This is in response to your letter, forwarded to us by Ms. Patricia De la Fuente, Manufacturing and Engineering Coordinator, Anitox Corporation, requesting clarification applicable to the classification and shipping description of your company"s product, "Termin-8®," under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed a material safety data sheet (MSDS), dated October 15, 2009, that identifies the product as "RQ, UN 3082, Environmentally hazardous substances, liquid, n.o.s. (Formaldehyde solutions), Class 9 (miscellaneous), PG III." The MSDS also states Termin-8 contains 33 percent formaldehyde, has a flash point of 130-134 ºF (54-57 ºC), and does not state all the ingredients in the solution to preserve their status as a trade secret, as defined in 29 CFR 1910.1200. We apologize for the delay in responding and any inconvenience this may have caused.

Section 173.22 requires a shipper to properly class and describe a hazardous material for transportation in commerce. This Office does not perform that function. However, based on the information you provided, it appears your determination is not correct. Under the HMR, a material with a 130-134 ºF flashpoint meets the definition of a Class 3 (flammable liquid) at the Packing Group III (PG; minor) degree of danger. See §§ 173.120(a) and 173.121(a). Further, in accordance with the Hazardous Materials Table (§ 172.101) entry "UN 2209, Formaldehyde, solutions, with not less than 25 percent formaldehyde, 8, PG III," a solution that contains 25 percent or more of formaldehyde meets the definition of a Class 8 (corrosive) PG III material. Therefore, based on the precedence of hazard prescribed in § 173.2a, this material must be assigned a primary hazard Class 3 with a subsidiary hazard Class 8, and a more appropriate proper shipping name would be "UN 2924, Flammable liquids, corrosive, n.o.s. (Formaldehyde solutions), 3, 8, PG III."

You also asked if Termin-8 meets the definition of a hazardous substance under the HMR. A hazardous substance is defined as a material, including its mixtures and solutions, that"(1) is listed in the appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in that appendix; and, for formaldehyde, (3) when in a mixture or solution""is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material. See § 171.8. For formaldehyde to meet the definition of a hazardous substance, the amount of formaldehyde in one package must meet or exceed 100 pounds (45.5 kg), and when in solution must meet or exceed a concentration by weight of 2,000 ppm or 0.2 percent. The MSDS you provided states Termin-8 has a reportable quantity of 300 pounds (135 kg) but does not provide the packaging size or configuration. Based on this information, and the fact that materials contained in the solution are concealed as a trade secret, it is impossible to know the total quantity of formaldehyde in a complete package or if other materials in the solution also meet the definition of a hazardous substance or other hazard class. Therefore, this Office recommends your company perform a review of the other ingredients in the solution similar to the one you performed for formaldehyde to ensure Termin-8 is being transported in full compliance with the HMR.

I hope this satisfies your request.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

cc: Ms. Patricia De la Fuente
Manufacturing and Engineering Coordinator
Anitox Corporation
1055 Progress Circle
Lawrenceville, GA 30043

173.22, 172.101, 173.2a

Regulation Sections

Section Subject
§ 173.2a Classification of a material having more than one hazard