Interpretation Response #21-0105

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

Interpretation Response Details

Response Publish Date: 11/17/2021

Company Name: Evonik Corporation

Individual Name: Robert Miller

Location State: PA Country: US

View the Interpretation Document

Response text:

November 17, 2021

Mr. Robert Miller
Evonik Corporation
7201 Hamilton Blvd
Allentown, PA  18195

Reference No. 21-0105

Dear Mr. Miller:

This letter is in response to your November 15, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of hydrogen peroxide aqueous solutions. You ask whether the hazardous materials descriptions for "UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary), 5.1 (8), PG II" and "UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary), 5.1 (8), PG II" could have the text "stabilized as necessary" in italics.

The answer is yes. As currently provided in § 172.101 of the Hazardous Materials Table (HMT), the HMR list the hazardous materials descriptions for "UN2014" as follows:

• UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary)
• UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary)

However, there was an inadvertent editorial error made when the HM-219C¹ final rule published in November 2020 that removed the italics from each description in the HMT. The Pipeline and Hazardous Materials Safety Administration (PHMSA) can confirm that this was an inadvertent editorial error and these descriptions should read as:

• UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary)
• UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary)

Thank you for bringing this issue to our attention and please note that PHMSA will correct this inadvertent editorial error in an upcoming rulemaking.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Shane C. Kelley
Director
Standards and Rulemaking Division

172.101

¹ See the HM-219C final rule titled "Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens" published on November 25, 2020 [85 FR 75680] at: https://www.govinfo.gov/content/pkg/FR-2020-11-25/pdf/2020-23712.pdf

Regulation Sections