{"operation":"document","citation":"12-0014","title":"Billco Manufacturing — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-24","effective_on":null,"summary":"12-0014 response to Billco Manufacturing concerning 173.150, 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120014.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAUG 2 4 2012\nMs. Katie M. Barthlow\nMarketing and Promotions Manager,\nReplacement Pmis\nBillco Manufacturing, Inc.\n100 Halstead Boulevard\nZelienople, PA 16063-9799\nReference No. 12-0014\nDear Ms. Barthlow:\nThis is in response to your January 13,2012 e-mail and subsequent telephone\nconversations with a member of my staff requesting clarification on how to properly\ndescribe and transport a two-bottle titration kit that your company manufactures and wants\nto ship in the United States, to Canada, and internationally under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). You state the product is used to measure the\nconcentration level of detergent in a wash tank. You ask that we focus our response on\nregulations issued in the final rule under Docket No. PHMSA-2009-0126 (HM-215K) (see\n76 FR 3308, 1/19/2011), which eliminate the \"Consumer commodity, ORM-D\" exception\nunder the HMR.\nYou describe the kit as one outer non-bulk packaging that contains two solutions in\nseparate bottles and other non-hazardous materials, such as beakers and test tubes. You\nstate the first solution is placed in either a 1,500 ml or 500 ml bottle; contains 0.001 to\n1 percent phenolphthalein, 2-3 percent methanol, 43-53 percent water, and 47-57 percent\nethyl alcohol; has t1ash point of a 24 oc (75 °F); and is described as \"UN 1987, Alcohols,\nn.o.s., 3 (f1ammable liquid), PG III, LTD QTY.\" You state the second solution is placed in\na 500 ml bottle, contains less than one percent of \"UN 1824 Sodium hydroxide solution,\n8 (corrosive), PG II\" with water as the remaining ingredient, and is unregulated under the\nHMR. You enclosed the material safety data sheet (MSDS) for each solution.\nThe titration kit you describe may be transported as a limited quantity (LTD QTY)\nt1ammable liquid under § 173 .150(b) of the HMR. The limited quantity provisions for\nClass 3 materials in§ 173.150(b)(3) authorize exceptions from labeling, except when\ntransported by air, and from specification packaging requirements when packaged in\ncombination packagings according to the provisions in this section. Each package must\nconfonn to general packaging requirements in subpart B of 49 CFR Part 173 and may not\n\n<<<PAGE 2>>>\n\nexceed 30 kg (66 pounds) gross weight. Flammable liquids in Packing Group III may be\npacked in inner packagings not over 5.0 L (1.3 gallons) net capacity each and packed in\nstrong outer packagings. In addition, placarding of the transport vehicle is not required.\nUnder the Docket No. HM-215K final rule, the Pipeline and Hazardous Materials Safety\nAdministration revised the HMR requirements for limited quantity hazardous materials to\nmake them more compatible with existing international requirements. Under the new\nrequirements, a package that 1) contains a limited quantity hazardous material, 2) bears the\nwhite square-on-point limited quantity marking prescribed in § 172.315( a)(2) on at least\none side or one end, and 3) is transported by motor vehicle, or railcar is not required to be\naccompanied by a shipping paper and marked with the proper shipping name and\nidentification number of each hazardous material it contains (see §§ 172.200(b )(3) and\n172.315(a)). When intended for transportation by vessel, the exterior of a cargo transport\nunit that contains only limited quantity hazardous materials must be marked on one side or\none end with the limited quantity mark that is identical to those on the packages it contains\nbut the mark's dimensions must measure a minimum of250 mm (9.8 inches) on each side.\nThis final rule also states under § 172.315( d) that as an alternative to the marking\nrequirements in existing § 172.315( a) and (b), for transportation by aircraft until\nDecember 31, 2012, and for transportation by all other modes until December 31, 2013, a\npackage containing a limited quantity may continue to be marked in conformance with the\nsquare-on-point with Identification Number requirements prescribed in § 172.315 in effect\non October 1, 2010. Section 172.315 in the 2010 edition of the HMR states that a proper\nshipping name is not required to be marked on a package containing a limited quantity\nwhen the outer package is marked on at least one side or one end with an identification\nnumber displayed inside a white square-on-point configuration that is sized to be readily\nvisible on the package. This section also requires that the border forming the square-on-\npoint of this marking must be at least 2 mm in height and the identification number must\nbe at least 6 mm in height.\nLimited quantity hazardous materials offered or intended for transportation by aircraft\nmust bear the white square-on-point limited quantity marking with the symbol \"Y\" in the\ncenter, as prescribed in § 172.315(b )(2), and must also conform to authorized substance\nand article provisions and the inner and outer package quantity limits in§ 173.27(f).\nProvided some or all of the package's transportation is by aircraft, after January 1, 2013,\nconsumer commodities that are Packing Group II and III flammable liquids may be\ndescribed in all modes of transport as \"ID 8000, Consumer commodity.\" Also, hazardous\nmaterials intended or offered for transportation in accordance with international standards\nauthorized in § § 171.12 and 171.22 through 171.26 must comply with the additional\nconditions and limitations noted in those sections.\nYou also ask how the HMR regulate limited quantity hazardous materials that meet the\ndefinition of a hazardous substance or hazardous waste, and what the terms \"hazardous\nsubstance\" and \"hazardous waste\" mean. The HMR define a hazardous substance as a\nmaterial listed in \"Table 1 to Appendix A\" ofthe Hazardous Materials Table(§ 172.101)\nthat is in an amount in one package that meets or exceeds the reportable quantity (RQ)\n2\n\n<<<PAGE 3>>>\n\nlisted in Table 1 for that material, and a hazardous waste as any material that is subject to\nthe Hazardous Waste Manifest Requirements of the U.S. Environmental Protection\nAgency specified in 40 CFR Part 262 (see§ 171.8). Limited quantities that meet the\ndefinition of a hazardous substance or hazardous waste must display the white square-on-\npoint limited quantity marking prescribed in paragraph § 172.315(b )(2). Also, limited\nquantity hazardous materials that contain a hazardous substance must continue to be\nmarked to denote the reportable quantity (RQ), including its technical name, in association\nwith the limited quantity marking as prescribed in § § 172 .315( c) and 172.3 24( c).\nAlthough you did not ask about limited quantity hazardous materials that meet the\ndefinition of a marine pollutant, for your information the Docket No. HM-215K final rule\nmentioned earlier also revised § 172.322( d)( 4) to except limited quantity materials from\nhaving to bear the marine pollutant mark prescribed in § 172.322( e)( 1) when marked in\nconformance with§ 172.315. In addition, the final rule revised§§ 172.312(c)(2) and (c)(3)\nto except package orientation markings from being placed on packages: 1) prepared in\naccordance with § 173.150(b) or (c) that contain flammable liquids in inner packagings of\none liter or less, unless they are offered or intended for transportation by aircraft, or 2) in\nwhich the flammable liquid is placed in inner packages containing 120 ml (4 fluid ounces)\nor less and packed with sufficient absorption material between the inner and outer\npackagings to completely absorb the liquid contents when offered or intended for\ntransportation by aircraft.\nI hope this satisfies your request.\n,Sincerely, \"\n\\\\u·· / ----?. o:///~;r·~\n! ;y ,-::: ·' \".\n( / . \"'~ '.Y,··· ; ~\n;v-'-T. Glenn Foster (\nChief, Regulatory Review an' Standards and Rulemaking Division\neinvention Branch\n3\n\n<<<PAGE 4>>>\n\nEdmonson\n~ 172. ~o!\nEdmonson, Eileen (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nKatie Barthlow [kbarthlow@billco-mfg.com]\nFriday, January 13, 2012 2:46 PM\nEdmonson, Eileen (PHMSA)\nUN1987, 500 ml Phenolphthalein\nmsds C579L67.pdf; MSDS Sodium Hydroxide.pdf\nHi Eileen,\nWe spoke a few months ago about my company shipping a quantity of 1, 500 ml bottle of phenolphthalein in a kit with\nanother bottle of sodium hydroxide (500 mL) with some beakers, test tube, etc. for a titration kit to measure the\nconcentration level of our detergent in a wash tank. We want to ship via UPS Ground. You stated that since this is a low\nhazard group that all we needed to do is mark the shipment with the following label:\nUN1987, Alcohols, NOS, PG111, LTD QTY\nDoes this still hold true, as I am getting some push back from shipping. They are concerned because we received these\nchemicals in large quantities and the boxes of course were marked hazardous. We are splitting up the chemicals into\nsmall kits so the risk is much more minimal when we ship the kits out. Please see attached MSDS for both chemicals\nthat will be in the kit, 500 ml of each.\nCan you please tell me that by placing the UN1987 sticker on the shipment that this will cover us from any HAZMAT\nrules? I also ordered the free CDs online and we have them in our shipping area.\nThank you in advance for your help!\nKatie M. Barthlow\nMarketing & Promotions Manager- Replacement Parts\nBillco Manufacturing, Inc.\n100 Halstead Blvd.\nZelienople, PA 16063-9799 USA\nP: 724.453.2303 II F: 724.453.23171/ kbarthlow@billco-mfq.com II www.billco-mfg.com\nInterested in receiving emails about special deals and promotions?\n1","truncated":false,"body_characters":9540}