{"operation":"document","citation":"12-0029","title":"Colorcon No Tox Products — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-30","effective_on":null,"summary":"12-0029 response to Colorcon No Tox Products concerning 171.8, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0029.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0029.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0029","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120029.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ::00 New Jersey Avenue, ~E\nof Transportation Nnshington, DC. 20590\n?ipeline and Hazardous\n:'IJ1aterials Safety\n:\\dministration\n;iAR 3 0 2012\nMr. Tim Jamison\nLogistics Manager\nColorcon No Tox Products\n171 New Britain Blvd.\nChalfont, P A 18914\nRef. No. 12-0029\nDear Mr. Jamison:\nThis responds to your January 23, 2012, request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180), According to your letter your product contains 24%\nor less alcohol by volume and contains no less than 50% water, as well as less than 3% of\nammonium hydroxide solution as a PH balancer. You ask whether your product meets the\nprovisions of the § 173 .150( e) exception for aqueous solutions.\nThe answer is no. It is the opinion of this office that the product you describe does not qualify\nfor the § 173 .150( e) exception for aqueous solutions because it contains other hazardous\nmaterial, i.e. ammonium hydroxide. The aqueous solution may not contain any other hazardous\nmaterial as defined in § 171.8. Section 173 .150( e) authorizes an aqueous solution containing\n24% or less alcohol by volume and no other hazardous material to be either reclassed as a\ncombustible liquid or excepted from regulation under the HMR if it contains 50% or more water.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n202-366-8553.\nSincerely,\n..,~~\n~ __ .\n7 lr\"\n__\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCoIo(con 9173. 150 Lt:;)\n~~\nEx cephons\nJanuary 23,2012\n,%.-(X)2~\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-I0\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nTo whom it may concern,\nI am requesting a written formal interpretation for 49FCR § 173 .150( e) Aqueous\nsolutions ofalcohol.\nMy company would like to utilize this exception for shipping a product that we think\nqualifies under the parameters set forth by said exception. Our product contains less\nthan 24% alcohol, and has more than 50% water. The need for the interpretation comes\ninto play due to the fact that the product also contains a small amount « 3%) of\nammonium hydroxide solution as a PH balancer. The finished product has a flash point\nof 11°C but does not possess any of the characteristics or attributes of the ammonium\nhydroxide ingredient (Class 8 corrosive liquid).\nI recognize that the exception in question, in addition to the alcohol and water volume\ndesignations, states \"and no other hazardous material\" as part of the overall qualifYing\nstipulati~:m.\nMy question is regarding that segment of wording \"no other hazardous material\". Is\nthis to be taken in a literal absolute sense of constituent ingredients or does it apply to\nthe profile ofthe finished product? I have reviewed several previous interpretations on\nthis subject and see that some former interpretations have unfavorably referenced the\ndefinition of\"hazardous material\" as defined in 49CFR § 1 71.8. The position on one of\nthose interpretations (ie ..Ref. No. 03-0022), refers the applicant to the §171.8 definition\nofhazardous material.\nNo-Tox® Products Division, 171 New Britain Boulevard, Chalfont, Pennsylvania 18914 P 267-695-7700 F 267-695-7799\nwww.colorcon.com\n\n<<<PAGE 3>>>\n\nCoIo(con\nI too would reference § 171.8 and ask one during consideration of this request to review\nthe established definition. It clearly states\"...when transported in commerce\". By\nasserting the fact that the material must be transported in commerce, does that not in\nfact mean that one must be referencing the actual finished goods that will be introduced\nonto our roads? If this is the intent and/or spirit ofthe regulation exception, than\nwouldn't our product qualify?\nAdditionally, the regulations state in many places that a material listed by name in the\nHMT that does not have the properties ofthe hazard classes or divisions as shown in the\ntable are not regulated under this subchapter (unless of course there is a \"+\" in column\none (1) ofthe HMT or applicable Special Provisions for the material in question. For\nthis finished product, there are no such applicable provisions therefore, even though we\nhave another material in the formula that is listed in the HMT, under this situation it\ndoes not meet the hazardous properties ofthat listed material and should not be\nregulated as a hazardous materiaL\nUltimately, the product that we would be introducing into the cycle oftransportation\nmeets the definition of a Class 3 Flammable Liquid. It demonstrates no other properties\nindicative of any other hazards or hazard classes. Being as its constituent ingredients\nmeet the volumetric parameters set forth in § 173 .150( e), I challenge the competent\nauthority to provide an interpretation specific to this inquiry.\nTim Jamison\nLogistics Manager\nColorcon No Tox Products\n171 New Britain Blvd.\nChalfont, P A 18914\n267-695-7718\nNo-Tox® Products Division, 171 New Britain Boulevard, Chalfont, Pennsylvania 18914 P 267-695-7700 F 267-695-7799\nwww.colorcon.com","truncated":false,"body_characters":5077}