{"operation":"document","citation":"10-0224","title":"Corrigan Consulting, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-21","effective_on":null,"summary":"10-0224 response to Corrigan Consulting, Inc. concerning 173.136, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0224.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0224.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0224","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100224.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nDEC 2 1 2010 1 200 New Jersey Ave. SE\nWashington. D.C. 20590\nMr. Wendell Honeycutt\nCorrigan Consulting, Inc.\n12000 Aerospace Ave., Suite 450\nHouston, TX 77034\nRef. No.: 10-0224\nDear Mr. Honeycutt:\nThis responds to your October 12,2010 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). You describe an animal food product containing\nphosphoric acid and sulfuric acid and a pH < 2. You state that the product does not meet the\ndefinition of a hazardous substance, hazardous waste, or marine pollutant, as defined in § 171.8.\nFurther, your preliminary analysis of available data on the product leads you to believe that it may\nmeet the definition of a Class 8 (Corrosive) material because it may be corrosive to steel and\naluminum. You indicate that the animal feed product has not been tested to determine if it causes full\nthickness destruction of human skin. Specifically, you ask if the material described in your letter\nmeets the definition of a hazardous material, more specifically a Class 8 (Corrosive) material, under\ntheHMR.\nSection 173.22 requires a shipper to properly class and describe a hazardous material for\ntransportation in commerce. This Office does not perform that function. A Class 8 (Corrosive)\nmaterial is defined as a liquid or solid that causes full thickness destruction ofhuman skin at the site\nofcontact within a specified period oftime. A liquid, or a solid that may become a liquid during\ntransportation, that has a severe corrosion rate on steel or aluminum is also a Class 8 (Corrosive)\nmaterial. See § 173.136. Your letter does not include sufficient information or data on the animal\nfeed product to determine ifthe material meets the definition ofa Class 8 (Corrosive) material under\nthe HMR. Ifyour assertion that the material is corrosive to steel or aluminum (see § 173.137(c)(2))\nis correct, you then may be eligible for the exception in § 173.154( d). The exception states that a\nmaterial that is a Class 8 (Corrosive) material solely because of its corrosive effect on aluminum or\nsteel is not subject to the HMR if: (1) it is transported by highway or rail in a bulk packaging\nconstructed ofmaterial that will not react dangerously with or be degraded by the corrosive material;\n(2) it does not meet the definition of any other hazardous class; and, (3) it does not meet the\ndefinition of a hazardous substance, a hazardous waste, or a marine pollutant, as defined in § 171.8.\nI trust this satisfies your inquiry. Please contact us ifwe can be offurther assistance.\nSincerely,\n15U>. Sufi-\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nI EJehen (CA.uh\n. . &j; 17 . ~\nCORRIGAN CONSULTING, INC. . . I ~ JI ~ ./ p ,\n12000 Aerospace Ave., Suite 450 ~r/III /1 ht h'-lu / Q, lCt $i+\",ca.:hoYJ\nHouston, Texas 77034 LIIl :J. II\n(281) 922-4766 • Fax (281) 922-4767 . Octo ber 12, 2010 {O - 0 G -Z 7\nCertified Mail\nReturn Receipt Requested\nMr. Charles E. Betts\nChief, Standards Development\nu.s. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nOffice ofHazardous Materials Standards\nMail Code: PHH-lO\n1200 New Jersey Ave., SE\nWashington, DC 20590\nRe: Hazardous Materials Classification and Exemptions\nLiquid Animal Feed Products Shipped nn Bulk\nDear Mr. Betts:\nOn behalf of a client, Corrigan Consulting, Inc. (CCI) is requesting an evaluation from\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) regarding the\napplicability of hazardous materials requirements (Title 49 CFR Parts 105 to 180) to the\ntransportation of liquid animal feed products. Our questions concern whether the animal\nfeed meets the definition of hazardous materials as defined in 49CFR171.8 and whether\nthere are any exemptions or exclusions that apply if the animal feed is considered a\nhazardous material.\nThe feed product has a pH that is <2 and contains phosphoric acid and sulfuric acid at\nlevels that, when transported, would be below the hazardous substance reportable\nquantity., The feed product may be corrosive to steel and aluminum. The animal feed is\nshipped in bulk by tanker truck to distributors..\nOn behalf of our client, CCI has reviewed the regulatory requirements under 49 CFR\nParts 172 and 173. The animal feed product was evaluated to determine whether it is\nclassified as a hazardous material by reviewing the definition of hazardous materials at\n49 CFR 171.8 and by reviewing the defming criteria for hazard classes in 49 CFR 173,\nspecifically Class 8 compounds in 49CFR173.136. ·According to this citation, a corrosive\nmaterial is a material that causes full thickness destruction of human skin or is corrosive\nto aluminum or steel unless experience or data indicates that the material is less\nhazardous than indicated by testing results. Our first question concerns whether the\nanimal feed product meets the definition of a Class 8 material and subsequently a\nhazardous material since it is designed and manufactured as a product that is fed to\nanimals. Experience in the use of this animal feed product indicates that it is not\nhazardous to animals which consume it or to humans which consume animal products.\nIn the event that the animal feed is classified as a Class 8 material, we have evaluated\nexceptions that may apply to animal feed products. CCI identified several regulatory\nexceptions, most of which do not appear to apply to this animal feed product for various\n\n<<<PAGE 3>>>\n\nCORRIGAN CONSULTING, INc.\nreasons. These exceptions include §173.5, §173.6, and §172.500 of Title 49. CCl has\nidentified one exception that may apply to animal feed products provided that tlle\nexception criteria can be met. Under 40CFR172.l01, Hazardous Materials Table,\nexception 49CFR173.154 is listed for several corrosive materials. The first two\nexceptions under 49CFR173.l54(b) and (c) do not appear to apply to the animal feed\nproduct due to quantity limitations.\nHowever, CCl believes that the exception in 49CFR173.154(d) may apply to the animal\nfeed product. According to this exception, it is applicable if the material is not a\nhazardous substance, a hazardous waste, or a marine pollutant and the material is\nclassified as a Class 8, Group III material solely because it is corrosive to steel or\naluminum. Based on our review of information for the animal feed product, it is not\nclassified as a hazardous waste or marine pollutant and it is not a hazardous substance\nsince it is a mixture that has less than the concentrations of hazardous materials listed\nunder the definition of hazardous substance in 49CFR171.8. At this time, no skin tissue\ntesting information is available to determine whether the animal feed is corrosive to skin.\nIf testing is perfOlmed and demonstrates that the material is not corrosive to skin tissue as\noutlined in 49CFR173.l37(c)(2), CCl believes that the animal feed product is exempt\nfi'om the hazardous materials requirements under Title 49 CFR Parts 105 to 180.\nWe are requesting written concurrence on the applicability of the hazardous materials\nrequirements, whether the animal feed meets the definition of a hazardous material, and\nwhether any exceptions or exemptions apply to the transportation of the previously\ndescribed animal feed. If you have any questions regarding this matter, please contact me\nat (281) 922-4766 or at wendallh@conigan-consulting.com.\nSincerely,\nWend all Honeycutt, P.G.\nSenior Technical Associate\nWBH\n1....-\n____________\n12000 Aerospace Ave., Suite 450· Houston, Texas 77034. (281) 922-4766\n......\n__","truncated":false,"body_characters":7657}