Georgia Department of Public Safety — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. SE Washington, DC 20590 AUG 1 8 2009 Capt. Bruce Bugg Georgia Department of Public Safety Motor Carrier Compliance Division P.O. Box 1456 Atlanta, GA 30371 Ref. No. 09-0166 Dear Captain Bugg: This responds to your e-mail of July 16,2009, that requests we compare our response made to a January 9, 2007 letter (Ref. No. 06-0271) with the response we made in response to a similar inquiry presented to this Office in a September 8, 2000 letter (Ref. No. 00-0256) regarding the shipping paper and placarding requirements for materials poisonous by inhalation under the HMR (49 CFR; Parts 171-180). Specifically, the inquires pertained to whether the shipping paper requirements of 8 172.203(m) and the subsequent placarding requirements of § 172.505 apply to the description "Hydrogen fluoride, anhydrous, UN1052." Because anhydrous hydrogen fluoride meets the definition of a material poisonous by inhalation (PIH) in 5 17 1.8, shipments of "Hydrogen fluoride, anhydrous, LTN 1052" must conform to specific shipping paper, package marking, and placarding regulations applicable to PIH materials. Thus, the shipping paper must include the words "Poison - Inhalation Hazard, Zone C immediately following the shipping description prescribed in 9 172.203(m). Further, the package must be marked "Inhalation Hazard" in accordance with 5 172.3 13(a). Additionally, the transport vehicle or freight container must be placarded with a POISON INHALATION HAZARD placard in addition to any other required placards prescribed in 6 172.505(a). We apologize for the contradictory response in this matter. The original September 8, 2000 letter (Ref. No. 00-0256) regarding this matter is correct and remains valid. The specific hazard zone to which a material is assigned and its physical state are not relevant to whether the requirements of 55 172.203(m) and 172.505(a) apply. Our January 9, 2007 letter (Ref. No. 06-0271) on this matter will be amended accordingly as soon as possible. I trust this addresses your concerns satisfactorily. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Page 1 of 2 Drakeford, Carolyn (PHMSA) , . . .... . ,-~" ,,* .. ....-,,,, ~ ..,- From: INFOCNTR (PHMSA) Sent: Thursday, July 16, 2009 1:35 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Request for Written Clarification From: Capt. Bruce Bugg [mailto:obbugg@gsp.net] Sent: Thursday, July 16, 2009 1:08 PM To: IIVFOCNTR (PHMSA) Cc: Thomas Fuller'; 'R. C. Powell'; Capt. Bruce Bygg Subject: Request for Written Clarification Please compare the responses regarding Hydrogen Fluoride, Anhydrous in letter 00-0256 and Question 4 in letter 06-0271. 1 believe they conflict with each other. I request a new written clarification in this matter. Excerpt from 00-0256 http://www.phmsa.dot.qov/staticfiles/PHMSNDownloadableFiles/Files/lnter~retation Fi!.es!~oooLo~o2.56:.~df: This responds to your letter, dated September 8, 2000, concerning regulatory requirements for transporting hydrogen fluoride, anhydrous. Specifically, you ask about labeling and placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your understanding of the HMR requirements for hydrogen fluoride, anhydrous, is correct. Because it meets the definition of a material poisonous by inhalation (PIH) in 9 171.8, shipments of hydrogen fluoride, anhydrous, must conform to specific shipping paper, package marking, and placarding regulations applicable to PIH materials. Thus, the shipping paper must include the words "Poison - Inhalation Hazard, Zone C" immediately following the shipping description (9 172.203(m)(3)). Further, the package must be marked "Inhalation Hazard" (5 172.31 3(a)). In addition, the transport vehicle or freight container must be placarded with a POISON INHALATION HAZARD placard in addition to any other required placards (9 172.505(a)). Q4. T ~ ~ - H M T specifies that Hydrogen fluoride, anhydrous, UN 1052, PG I, is classified as a corrosive with a toxic subsidiary hazard. The special provisions provide that the material is poisonous by inhalation in Hazard Zone C. Does this material meet the requirements for description under 9 172.203(m)? If not, is the material therefore subject to 9 172.505? A4. In spite of the hazard class to which a material is assigned, for materials that are poisonous by inhalation (see 9 173.1 32 and 173.133), the words "Poison-Inhalation Hazard' or "Toxic Inhalation Hazard" and the words "Zone A , "Zone B", "Zone C", or "Zone D" for gases, or "Zone A or "Zone B" for liquids, as appropriate, shall be entered on the shipping paper immediately following the shipping description. In this case, if the material in question is a liquid and "Zone C", then it is not subject to 3 172.203(m); and therefore not subject to 5 172.505. However, in this case if the material in question is a gas and "Zone C", then it would be subject to 9 172.20(m) and 9 172.505. Capt. Bruce Bugg Georgia Department of Public Safety Motor Carrier Compliance Division P.O. Box 1456 - Atlanta, GA 30371 959 East Confederate Avenue, SE - Atlanta, GA 30316 voice: 404.624.7226 fax: 404.624.7295 e-mail: obbugg[at]gsp.net (replace "[at]" with "a")#