Kajuligan Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington. D.C. 20590 MAP. 1 7 2011 Mr. Clifford Croft Director of Regulatory Compliance Kajuligan Corp. 1533 Kirkwood Drive, Geneva, IL 60134 Ref. No. 11-0019 Dear Mr. Croft: This responds to your letter requesting the proper classification of 10% buffered formalin under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you state your 10% Formalin solution contains 3.5-4% formaldehyde solution. You also state that based on the International Civil Aviation Organization entry, a formaldehyde solution that is less than 10% solution is not regulated as aviation regulated liquid, n.o.s. UN 3334. You ask whether a 10% buffered formalin with 3.5-9.9% formaldehyde solution is not regulated by any mode of transportation. As provided by § 173.22 of the HMR, it is the shipper's responsibility to properly class a hazardous material. This Office generally does not perform this function. Manufacturers, generally have the knowledge to properly class the materials and products they produce, although it may be necessary to enlist an outside laboratory to assist in the classification process as testing may have tobe conducted to determine how a product compares to the criteria for the various hazard classes. However, although you did not provide sufficient information, such as a Material Safety Data Sheet, the acute effects of Formaldehyde Solutions have been well documented. A 10% Formalin (3-5% formaldehyde solution), typicalJy used to preserve· biological samples, meets the definition for a Class 9 material in § 173.140 and is subject to regulation when transported domestically by air. The appropriate shipping description is "Other Regulated Substances, liquid, n.o.s. (formaldehyde), 9, NA3082, IlLfI Generally, solutions of less than a 10% formalin mixed with non-hazardous materials are not subject to the HMR, provided they do not meet the definition of a class 9 hazardous material or any other hazard class. 1 hope this satisfies your request. Sincerely, r~0L~~-··· T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Anrire1J)-.S ~ 11 ( .-.r( ~ /1'2. 101 ,. -==_K_a_ju_l_ig_a_n_C_o_r_p_o_ra_t_io_n __________~-A_+_pL-p /1 co/ad,.':5 1533 Kirkwood Drive, Geneva, IL 60134 II-{)O J1 December 28, 2010 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 There seems to be some confusion about the classification of a 10% Buffered Formalin. A 10% Formalin contains 3.5-4.0% Formaldehyde Solution. Based on the ICAO entry a formaldehyde solution less than 10% is not regulated as an Aviation regulated liquid, n.o.s. UN3334. I am requesting a letter to take to suppliers that a 10% buffered formalin with 3.5-9.9% formaldehyde solution is not regulated by any mode oftransportation. Ifyou require any additional information please let me know. Sincerely, Clifford Croft Director ofRegulatory Compliance Kajuligan Corp. Phone:63~215-4509 Fax: 913-339-9779 Phone: 913-522-1036#