Interpretation Response #23-0069
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Elizabeth M. Richardson
Location State: DC Country: US
View the Interpretation Document
Response text:
November 6, 2023
Elizabeth M. Richardson
1900 N Street NW
Suite 100
Washington, DC 20036
Reference No. 23-0069
Dear Ms. Richardson:
This letter is in response to your July 24, 2023, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to organic peroxides. Specifically, you ask for clarification on the bulk packaging requirements for "UN3109, Organic peroxide, type F, liquid, 5.2, 8, (Peracetic acid ≤ 23% hydrogen peroxide)." Although this hazardous material is not listed in the § 173.225(g) Organic Peroxide Portable Tank Table, you seek confirmation of your understanding that it may be transported in cargo tank motor vehicles because the § 173.225(h)(2) provisions do not specify any particular organic peroxide authorized for transport.
Your understanding is not correct. Section 173.225(h) states that "bulk packagings are authorized—subject to the conditions and limitations of this section—if the organic peroxide is listed in the Organic Peroxide Portable Tank Table and bulk packagings are authorized, or if the organic peroxide is specifically authorized for transport in a bulk packaging by this paragraph (h)." UN3109, Peracetic acid ≤ 23% hydrogen peroxide is neither listed in the Organic Peroxides Portable Tank Table nor is it specifically authorized in bulk packages by § 173.225(h); therefore, it may not be transported in cargo tank motor vehicles without prior approval by the Associate Administrator.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.225(g), 173.225(h), 173.225(h)(2)