# Ohio Transportation Department — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 12-0122
- **title:** Ohio Transportation Department — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2012-08-06
- **effective on:** Not available
- **summary:** 12-0122 response to Ohio Transportation Department concerning 171.8, 172.101.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0122.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0122.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0122
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120122.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue SE
Washington. DC 20590
AUG 0 6 2012
Tom Forbes
Public Utilities Commission of Ohio
Transportation Department
180 East Broad Street
Columbus, Ohio 43215
Reference No.: 12-0122
Dear Mr. Forbes:
This responds to your May 23, 2012letter requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reportable quantities
(RQ) of hazardous materials. You state that you ship 24 one-pound pouches of Calcium
Hypochlorite as a consumer commodity. You ask whether the amount of Calcium
Hypochlorite in each individual pouch or the amount contained in the entire outer
packaging is to be used in determining whether a RQ is met.
As prescribed in§ 171.8, a hazardous substance is defined as a substance listed in
Appendix A of§ 172.101 and in a quantity, in one package, which equals or exceeds the
RQ listed in Appendix A to§ 172.101. A package or outside package is also defined as a
packaging plus its contents. Further, a combination package is defined as one or more
inner packagings secured in a non-bulk outer packaging. Based on the information,
pictures, and supporting information provided in your letter, it is the opinion of this Office
that the pouches of Calcium Hypochlorite are inner packagings of a combination package
thus making the entire package subject to the RQ for Calcium Hypochlorite.
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 2>>>

Drakeford, Carolyn (PHMSA)
From:
Sent:
To:
Subject:
Attachments:
INFOCNTR (PHMSA)
Thursday, May 24, 2012 4:55PM
Drakeford, Carolyn (PHMSA)
FW: HM RQ Question
1.JPG; 2.JPG
Andr-e w.s
tfJ 173 ~162 (aJ
~ /12 · !Of
p, eep h o tJ-S
!:< -t/122
Carolyn,
We received the following request for a formal letter of interpretation.
Thanks,
Victoria
From: Forbes, Tom [mailto:Tom.Forbes@puc.state.oh.us]
Sent: Wednesday, May 23, 2012 9:39 AM
To: PHMSA HM InfoCenter
Subject: HM RQ Question
Dear Sir or Madame:
I am requesting a written interpretation/clarification on the RQ requirements under the Hazardous Materials
Regulations (HMR 49 CFR Parts 171-180).
The situation at hand is a carrier is transporting Calcium Hypochlorite that has been reclassified as a Consumer
Commodity ORM-D as permitted by 173.152(c). The outer package contains 24- 1 pound pouches of Calcium
Hypochlorite for swimming pool treatment. The pouches are in a strong outer package as required. The total weight is
1 pound of Calcium Hypochlorite per pouch or 24 pounds of Calcium Hypochlorite per strong outer package. The RQ for
Calcium Hypochlorite is 10 pounds. The definition for hazardous substance states two conditions must be met 1) Is
listed in the Appendix A to 172.101 of this subchapter and 2) Is in a quantity, in one package, which equals or exceeds
the RQ listed in appendix A.
In determining what is meant by 11 in one package" I have reviewed the definition of package which also reference outer
package and packaging. I am unsure what is meant by the phrase in one package. Is it referencing the individual!
pound pouches which do not meet the RQ or is it referencing the strong outer package which would meet the RQ?
Photos of the pouches and strong outer package are attached.
Thank you for your assistance on this matter.
Tom Forbes
Public Utilities Commission of Ohio
Transportation Department
Hazardous Materails Specialist
{614) 644-0296
PUCO.ohio.gov
(j(J
This message and any response to it may constitute a public record and thus may be publicly available to anyone
who requests it.
1

<<<PAGE 3>>>

CONSUMER COMMODITY
FOR CHEMICAL EMERGENCY, SPILL, LEAK,
FIRE, EXPOSURE, OR ACCIDENT CALL:
ORM-D
CHEMTREC 1-800-424-9300
RQ (CALCIUM HYPOCHLORITE)
71428
GLB SUPER CHARGE 24X1LB
1 07 85336 71428 5
CONSUMER COMMODITY
ORM-D
FIRE EXPOSURE OR ARM
PORCHES FURORNOY SPILL LEAK

<<<PAGE 4>>>

H
K
GLB
Super Charge
SUPER CHLORINATION FOR POOLS - KILLS
BACTERIA, DESTROYS ORGANIC WASTE
AND CONTROLS ALGAE
NET WT 1LB-454G
Sold by weight, not volume
ACTIVE INGREDIENT:
INERT INGREDIENTS:
Calcium Hypochlorite
.35%
.65%
and First A
DANGER: See other precautions
on the back panel.
EEP OU
EACH OF
JILDREN
- **truncated:** false
- **body characters:** 4365