{"operation":"document","citation":"02-0093","title":"U.S. Environmental Protection Agency — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-02-13","effective_on":null,"summary":"02-0093 response to U.S. Environmental Protection Agency concerning 173.136.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0093.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0093.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0093","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020093.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nu.s. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\npeciai Programs\nIdministration\nFEB I 3 2003\nMr. Henry L. Longest, II\nActing Assistant Administrator\nRef No.: 02-0093\nU.S. Environmental Protection Agency\n1300 Pennsylvania Ave, NW (8101R)\nWashington, DC 20460\nDear Mr. Longest :\nThis is in response to your January 29, 2002 letter regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to certain environmental samples. Specifically,\nyou requested confirmation that environmental samples which are preserved at the Environmental\nProtection Agency (EPA) prescribed guidance concentrations, even when reasonably over-preserved,\nare not corrosive materials subject to the HMR.\nThe answer is yes. According to your letter and test results submitted, four preservatives (three acids\nand one base: Nitric acid; Sulfuric acid; Hydrochloric acid; and Sodium Hydroxide) were each tested\nin an aqueous solution. The environmental samples were prepared by adding a preservative to distilled\nwater. Preserved samples were tested for corrosivity in accordance with 49 CFR §173.137.\nBased on the test results, it is the opinion of this office that the environmental samples containing the\nfollowing \"upper limit\" concentrations: 0.28 weight percent Nitric acid, 0.38 weight percent Sulfuric\nacid, 0.15 weight percent Hydrochloric acid and 0.20 weight percent Sodium hydroxide, do not meet\nthe definition of corrosive material in §173.136, and, therefore, are not subject to the HMR.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nElevand 7: Mozalo\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n: 173.136\n020093\n\n<<<PAGE 2>>>\n\n• i\nJohnsen\nUNITED STATES ENVIRONMENTAL PROTECTION AGENCY\n$ 113.136\nWASHINGTON, D.C. 20460\nTOTAL PATENTE\nApplicab, ly\nJAN 29 2002\n02-00980\nRESEARCH AND DEVELOPMENT\nOFFICE OF\nMr. Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards (DHM-10)\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, SW\nWashington, DC 20590\nSUBJECT: Non Corrosivity of Acid/Alkali-Preserved Environmental Samples\nDear Mr. Mazzullo:\nSeveral months ago, David Friedman of my staff met with Mr. John Gale of the\nDepartment of Transportation's (DOT) Office of Hazardous Materials Technology to discuss a\nproblem that the Environmental Protection Agency (EPA) and the environmental analytical\ntesting community in general is facing when shipping environmental samples preserved to meet\nEPA requirements. Because the samples contain acids or bases regulated under the hazardous\nmaterials shipping regulations, confusion exists within the analytical community and, more\nimportantly, among the shipping community over the status of such samples relative to DOT's\nshipping regulations. While we believed such samples are not hazardous materials, since only a\nsmall amount of acid or base is added to the sample, the available DOT guidance (DOT letter of\nDecember 13, 1993) was too specific as to the preservative concentrations that were deemed to\nbe non-hazardous. While DOT had determined that samples preserved to meet EPA\nrequirements were not hazardous materials, the wording of the guidance was not broad enough to\nencompass typical field preservation situations. To that end, we met with DOT's Office of\nHazardous Materials Technology to discuss what to do to confirm our assessment that\nenvironmental samples, as they are typically preserved to meet EPA guidance, are not hazardous\nmaterials.\nFollowing this meeting, EPA reviewed the available literature and the DOT public docket\nrelative to the corrosivity of acids and bases at concentrations typical of those found in preserved\nenvironmental samples. As one might expect, insufficient data was found to definitely\ndemonstrate the non-corrosive nature of these materials. We, therefore, proposed to conduct a\nseries of tests to develop the information necessary to resolve the issue.\nRecycled/Racyclable • Printed with Vegetable Oll Based Inks on Recycled Paper (Minimum 20% Postconsumer)\nIntemet Address (URL) • http://www.epa.gov\n\n<<<PAGE 3>>>\n\n2\nAfter receiving Mr. Gale's review of the study plan and incorporating the additional tests\nthat DOI requested, we studied the corrosivity of the three acids (nitric acid, sulfuric acid and\nhydrochloric acid) and the base (sodium hydroxide) that EPA specifies to be used to preserve\nenvironmental samples of both human tissue, and steel and aluminum using the DOT specified\ntests. We tested the preservatives at the EPA recommended concentration and at higher\nconcentrations to determine the margin of safety in the event field personnel over-preserved the\nnon-corrosive and the point at which they become corrosive.\nsamples. Our plan was to identify the range of concentrations where the preserved samples are\nAfter reviewing the results of the studies described in the enclosed contractor report,\nDetermination of Corrosivity of Preserved Environmental Samples, it is our conclusion that\nenvironmental samples that are preserved at the EPA prescribed guidance concentrations even\namples do no represent a hazard when shipped commercially and, as such, are not corrosiv\nvhen reasonably over-preserved are non-corrosive dermally and to metals. Therefore, suc\nmaterials subject to the DOT hazardous materials regulations at 49 CFR Part 171 - 180.\nWe would appreciate your review of the enclosed report and, if DOT agrees with our\nconclusion, we would appreciate your written confirmation of our assessment. Namely, that\nunder the DOT regulations. These concentrations are:\nsamples preserved with up to the following amounts of acid or base are not corrosive materials\nNitric acid\nSulfuric acid\n0.4 weight percent\nHydrochloric acid\n0.4 weight percent\nSodium hydroxide\n.0.4 weight percent\n0.2 weight percent\nIf you have any questions or comments, please contact David Friedman at\n(202) 564-6662. Thank you for the help the Department has already provided.\nAny Rangest It\nEnclosure\nCC:\nDavid Friedman\nJohn Gale","truncated":false,"body_characters":6129}