Department of California Highway Patrol — Hazardous Materials Safety Interpretation

Page 1i U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and AUG 28 2003 Administration Officer George Barber Department of California 2072 Third Street • Highway Patrol Ref. No. 03-0120 Oroville, CA 95965 Dear Officer Barber: This is in response to the requirements under the Hazardous Materials Regulations (HMR; • your letter requesting clarification of 49 CFR Parts 171-180) for the segregation and separation of Class being shipped by highway. The scenario you describe is as 8 (corrosive) and Division 5.1 (oxidizing) hazardous materials follows: Hazardous materials were being shipped in intermediate bulk containers by motor vehicle described as empty and last contained The motor vehicle pallets. also contaired 11,234 pounds of Class 8 liquids in drums on and the Division 5.1 hazardous materials, No tangible barriers were present between the Class 8 and the materials were offered by a single shipper. segregation can be accomplished by several inches of air space Specifically, you ask whether between the containers, and whether the two hazard classes may be loaded adjacent to each other if a barrier is placed between the two hazard classes. and Section 177.848 (e) (3) provides that a Class 8 corrosive liquid a Division 5.1 oxidizer may not be loaded, transported, or stored together in the same transport vehicle or stored together during the course of transportation unless separated in a manner that, in the event of leakage from packages under conditions normally incident to would not occur. transportation, commingling of hazardous materials Several inches of air space between containers of incompatible liquid hazardous materials does not satisfy the requirements of 177.848 030120 * :%#

Page 2$ 177.848 (e) (3). Air space liquid hazardous materials in the would not prevent commingling of the containers. Separation must be accomplished by a means of event of failure of the physical separation, such as non-permeable barriers, non-reactive packagings or elevating certain freight in a manner that prevents freight or non-combustible, non-reactive absorbents between the commingling of the liquid hazardous materials required to be separated. With respect to whether the two hazard classes may be loaded adjacent to each other when hazard classes, § 177.848 (e) (3) a barrier is placed between the two not be loaded above or adjacent to Class 5.1 materials. However, states that Class 8 liquids may the exception in $ 177.848 (e) (3) states that a shipper may load when it is known that the mixture of contents would not cause a truckload shipments of Class 8 and Class 5.1 materials together section, the term "truckload" means a shipment of hazardous fire or a dangerous evolution of heat or gas. As used in this materials loaded into a transport vehicle by a single shipper. Shipments of hazardous materials offered to a carrier by different shippers and loaded into a transport vehicle are not stated that the carrier had the same shipper. Therefore, provided it is known by the received the hazardous materials from shipper that the mixture of dangerous evolution of heat or gas, the Class 8 and Class 5.1 contents would not cause a fire or a materials may be loaded together. We note that the proper shipping name "Hypochlorite solution" is entered in parentheses on one of the shipping papers you provided. This is incorrect. The parentheses should be removed. I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office. Sincerely, Hothed. Militels Regulatory Review Hattie I. Mitchell, Chief Office of Hazardous Materials Standards and Reinvention#

Page 3State of California-Business, Transportation and Housing Agency GRAY DAVIS, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 11337 Trade Center Drive California Highway Patrol, Valley Division (916) 464-2556 EXT 13 Rancho Cordova, CA (800) 735-2922 (Voice) (800) 735-2929 (TT/TDD) MCIntyre $177.848 May 8, 2003 File No.: 0201.010665.OC segregation To: Research and Special Programs Administration 0/26 400 Seventh Street SW Washington, DC 20590-0001 From: Department of California Highway Patrol seND To 2072 Third Street Oroville, CA 95965 Officer George Barber 10665 Please provide a letter of interpretation on the following issue relating to segregation of incompatible hazardous materials transported in the same vehicle. liquid and Division 5.1. I discovered that the 5.1 materials and the Class 8 liquids were loaded adjacent While performing a vehicle inspection on a vehicle transporting hazardous materials classed as Class 8 to each other. The 5.1 material was an "Empty 330 Ga. Tote Bin Last contained Hydrogen Peroxide 35% UN2014, PGUI, ERG # 154". It was loaded next to " an "Empty 330 Ga. Tote Bin Last contained Sodium Tech Grade" shipped under the shipping description of "Hydrogen Peroxide, Aqueous Solution, 5.1, UN1791, PGIII, (sodium Hypochlorite 12.5%), ERG 154.". Additionally, the vehicle contained 11,234 Hypochlorite 12.5%, shipped under the shipping description of "RQ, (Hypochlorite Solution), 8, materials on pallets and the IBC's or between the IC's. pounds of corrosive liquids in drums on pallets. There were no tangible barriers between the hazardous 1) Could segregation of the above liquids be accomolished by "several inches of air space" between th (2) If a barrier is placed between the materials, can the shipper load the 5.1 and 8 liquids adjacent to each Thank you for your prompt assistance in this matter. Sincerely, 1BS G. Barber/CHIPO/10665 POWER#