{"operation":"document","citation":"08-0063R","title":"Disposal Safety Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-12-10","effective_on":null,"summary":"08-0063R response to Disposal Safety Incorporated concerning 172.101, 172.330, 179.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0063r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0063r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0063r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2008/080063R.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Ave .• SE\nu.s. Department Washington, DC 20590\nofTransportation\nPipeline and Hazardous Materials\nSafety Administration\nDecember 10,2009\nMr. Steven Amter\nSenior Scientist\nDisposal Safety Incorporated\n1001 Connecticut Avenue, NW, Suite 525\nWashington, DC 20036\nReference No. 08-0063R\nDear Mr. Arnter:\nThis letter clarifies my May 16, 2008 response and is in further reference to your\nMarch 7, 2008 letter and your March 14,26, and April 8, 2008 telephone conversations with a\nmember of my staff concerning a tank car that contains ortho-Toluidine (o-Toluidine). You\nasked if a warning label or sign may be placed near the tank car's unloading outlet under the\nHazardous Materials Regulations (HMR), 49 CFR Parts 171-180). You stated the image of\nthe sign or label had not been determined, but would likely take the shape ofa circle, square,\nor rectangle.\nOrtho-toluidine is listed as \"UNI708, Toluidines, 6.1, PO II,\" in the Hazardous Materials\nTable, § 172.101 in the HMR. The material is also listed as 0-Toluidine in Table 1 to\nAppendix A in § 172.101 and is regulated as a hazardous substance, as defined in § 171.8,\nwhen the quantity of 0-Toluidine in one package equals or exceeds its reportable quantity\n(RQ) value of 100 pounds. Ifthe quantity of material being transported in one package meets\nor exceeds the RQ for o-Toluidine, the letters \"RQ\" must be included either before or after the\nbasic description on the shipping paper. When transported in a tank car, the tank must be\nmarked on each side and each end with the identification number \"1708\" in accordance with\n§§ 172.330(a)(1 )(i) and 172.332.\nProvided the proposed sign or label by its color, design, shape, or content cannot be confused\nwith and does not conflict with a marking, label or placard prescribed in the HMR, the\nplacement of a label or sign near a tank car's unloading outlet is not prohibited under the DOT\nregulations. See the requirements in §§ 172.304(a)(4), 172.401(b), and 172.502(a)(2). A sign\nor label on a tank car must also comply with the tank car marking requirements in Appendix\nC ofthe Association of American Railroads Specifications for Tank Cars, which the HMR\nincorporates by reference in § 171.7. See § 179.22(a). The purpose of this latter requirement\nis to ensure that all tank car markings, including those required under the HMR, are placed in\na location that is consistent with the markings on other tank cars. This consistency makes it\neasier for railroad and emergency response personnel to identify a tank car in transport.\n1\n\n<<<PAGE 2>>>\n\nAlthough you submitted the proposed text of the label in your inquiry, this Office assessed the\ncontent of the label only to determine whether it would conflict with labeling requirements\nunder the HMR. Thus, our May 16, 2008 letter is in no wayan endorsement, ratification, or\nconfirmation of the truth of the statements on your label. Moreover, PHMSA does not have\nthe authority or the expertise to determine whether a material is a cancer-causing agent, and\nno such determination was intended by our letter.\nI hope this satisfies your request.\ns~\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nU.S. Department 1200 New Jersey Avenue. SE\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety MAY 16 2008\nAdministration\nMr. Steven Amter\nSenior Scientist\nDisposal Safety Incorporated\ntOOl Connecticut Avenue, NW, Suite 525\nWashington, DC 20036\nReference No. 08-0063\nDear Mr. Amter:\nThis is in response to your March 7, 2008 letter and your March 14,26. and April 8,2008\ntelephone conversations with a member ofmy staff concerning a tank car that contains \"RQ.\nUN 2929, Toxic liquids, flammable, organic, n.o.s., 6.1, 3, (o-Toluidine), PG n.\" You asked\nifyour company may place the following text (bullets added for emphasis) on a warning label\nor sign near the tank car's unloading outlet under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180):\nORTHO-TOLUIDINE\nDANGER\nCAUSES CANCER AND DEATH\n• Ortho-toluidine is extremely dangerous - exposure to ortho-toluidine has\nbeen shown to cause bladder cancer.\n• Do not breathe any vapor. Breathing any amount ofthis substance is\ndangerous.\n• Do not get any liquid on your skin. This chemical is readily absorbed by\nyour skin.\n• You must wear a supplied-air respirator and a fully-protective, chemicalresistant\nsuit and gloves.\nYou state the image ofthe sign or label has not been detennined, but your company is\nconsidering making it the shape of a circle, square, or rectangle.\n\n<<<PAGE 4>>>\n\nProvided the information on the sign or label represents a hazard of the material\ncontained in the package, the answer is yes. See §§ l72.304{a){4), 172.401 (a){2) and (b).\nand 172.502{a){2). The label must also comply with the tank car marking requirements\nin Appendix C ofthe Association ofAmerican Railroads Specifications for Tank Cars,\nwhich theHMR incorporates by reference in § 171.7. See § 179.22{a). The purpose of\nthis requirement is to ensure all tank car markings, including those required under the\nHMR, are placed in a location that is consistent with the markings on other tank cars.\nThis consistency makes it easier for railroad and emergency response personnel to\nidentify a tank car in transport.\nI hope this satisfies your request.\nfif-al'a~:;,...----Hattie\nL. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 5>>>\n\nEdmof)60Vl\n5'12.&D~\n1'IQ(arcilr13\nHattie L. Mitchell March 7, 2008 D~\" 0 0 h3\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n1200 New Jersey Avenue SE\nWashington, DC 20590\nDear Ms. Mitchell:\nThe industrial chemical ortho-toluidine is recognized by DOT regulations as \"Toluidines,\"\nHazard Class 6.1, and the \"POISON INHALA IION HAZARD\" placard is required.\nHowever, such DOT placarding does not infonn the reader that ortho-toluidine is also a\nrecognized cancer-causing substance for humans.\nOur query is as follows: If a tank car containing ortho-toluidine was labeled with the following\ninfonnation, would such a label conflict with any DOT regulation or standard? Please assume\nthat the fonnat of this label would be clearly distinguishable from the required DOT placard and\nthat it would be placed on the tank car so as not to interfere with or be confused with the placard\nor any other information required by the DOT.\nThe text of the proposed label is as follows:\nORTHO-TOLUIDINE\nDANGER\nCAUSES CANCER AND DEATH\nOrtho-toluidine is extremely dangerous - exposure to ortho-toluidine has been\nshown to cause bladder cancer.\nDo not breathe any vapor. Breathing any amount of this substance is dangerous.\nDo not get any liquid on your skin. This chemical is readily absorbed by your\nskin.\nYou must wear a supplied-air respirator and a fully-protective, chemical-resistant\nsuit and gloves.\nThank you for your help on this matter. Ifyou have any questions or require additional\ninfonnation, please call me at (202) 293-3993.\nSincerely,\nSteven Amter\nSenior Scientist\nDisposal Safety Incorporated\n1001 Connecticut Ave. NW, Suite 525\nWashington, DC 20036","truncated":false,"body_characters":7197}