{"operation":"document","citation":"05-0261","title":"General Chemical — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-04","effective_on":null,"summary":"05-0261 response to General Chemical concerning 172.101, 173.132.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0261.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0261.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0261","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050261.pdf","body":"<<<PAGE 1>>>\n\nf Transportatic\nS. Departmel\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nDEC\n1 2005\nMs. Kathleen Nese\nRef. No.: 05-0261\nManager, Product Stewardship and\nGeneral Chemical\nRegulatory Affairs\n90 E Halsey Road\nParsippany, NJ 07054\nDear Ms. Nese:\nThis is in response to your October 13, 2005 letter regarding determination of a proper\nshipping name for a sodium nitrite solution under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). According to your letter, the product you intend to offer for\ntransportation does not meet the definition of a Division 5.1 material as defined in § 173.127\nand is better classified as a Division 6.1 material and described as \"Toxic liquid, inorganic,\nn.o.s. (sodium nitrite), 6.1, UN3287, PGIII.\" Specifically, you ask this office for consent to\nmake this determination.\nIn accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial and assign it a proper shipping name from the hazardous material Table (HMT;\n§ 172.101). Such determinations are not required to be verfied by this Office. In accordance\nwith § 172.101(c)(12)(i), if it is specifically determined that a material meets the definition of\na hazard class, packing group or hazard zone, other than the class, packing group or hazard\nzone shown in association with the proper shipping name, or does not meet the defining\ncriteria for a subsidiary hazard shown in Column 6 of the Table, the material must be\ndescribed by an appropriate proper shipping name listed in association with the correct\nhazard class, packing group, hazard zone, or subsidiary hazard for the material. Provided the\nsodium nitrite you offer for transportation meets the definition of a Division 6.1 material,\nyour classification is the most appropriate.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nHothe z Mitchel\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173.132 (e)E)\n172./01\n050261\n\n<<<PAGE 2>>>\n\nPollack\n3113. 132(6)g)\n3lsificatiar\nENVIRONMENTAL MATTERS DEPARTMENT\n90 EAST HALSEY ROAD\n05 OCT 19 PN 5:19\nELEPHONE: (973) 515-184\nPARSIPPANY, NJ 07054\nACSIMILE: (973) 515-324\nOctober 13, 2005\nOffice of Hazardous Materials Standards\n05-0261\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nWashington, DC 20590-0001\nAttention: DHM-10\nRe: Re-classification of Sodium Nitrite Solutions\nTo Whom It May Concern:\nformulation and technical information for Sodium Nitrite Liquor solutions and determined that a re-\nGeneral Chemical, LLC is writing to inform the Department of Transportation that it has reviewed the\nclassification from Nitrites, inorganic, aqueous solutions, n.o.s., 5.1, UN3219, PGIII to Toxic liquid,\ninorganic, n.o.s. (sodium nitrite), 6.1, UN3287, GIII is appropriate based on the following statistics:\n• Sodium Nitrite solutions do not evolve oxygen until it is dried to a solid; therefore, the product\nis not an oxidizer which is one of the characteristics which must be present in order to meet the\ndefinition of a Class 5, Division 5.1 oxidizer as defined by the DOT criteria.\n• Our previous designation of our Sodium Nitrite solutions as a Class 5, Division 5.l. was based on\nthe criteria set-forth under 49 CFR 173.132 (c)(2); however, this information classifies the\nin the same concentration. We have now determined that 49 CFR 173.132 (c)(2) is not the most\nmixture based on the most hazardous constituent, i.e. Sodium Nitrite (5.1), as if it were present\naccurate way to classify the mixture since Sodium Nitrite solutions are not oxidizers as\nGeneral Chemical, LLC has data that supports a classification of Sodium Nitrite as a Class 6,\nclassified by 49 CFR 173.127.\nthe solutions based on the formula criteria set forth under 49 CFR 173.132 (c)(3). The formula\nDivision 6.1 toxic; therefore it is only appropriate that General Chemical determine the LDso of\nhas determined that the solutions have an LDso of 330 mg/kg and supports the ciassification as\nClass 6, Division 6.1 toxic under these criteria.\nWe trust that the re-classification will meet your approval. On the basis of the foregoing, General\nChemical, LLC will make the change to the classification of Sodium Nitrite as indicated above. If you\nhave any questions, please do not hesitate to contact me at (973) 515-1840.\nSincerely,\nKithle Rese\nKathleen Nese\nManager, Product Stewardship & Regulatory Affairs","truncated":false,"body_characters":4568}