{"operation":"document","citation":"12-0179","title":"Dysol & MagChem — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-01","effective_on":null,"summary":"12-0179 response to Dysol & MagChem concerning 173.158, 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0179.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0179.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0179","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120179.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 0 1 2012\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Danny Gehlhausen\nQuality and Compliance Manager\nDysol & MagChem\n2901 Shamrock A venue\nFort Worth, TX 76107\nRef. No.: 12-0179\nDear Mr. Gehlhausen:\nThis responds to your initial August 13, 2012 email, and subsequent follow-up email\ncorrespondence on August 29,2012 with a member of my staff~ seeking clarification ofthe\nHazardous Materials Regulations (HMR: 49 CFR Pmis 171-180) relating to the packaging\nrequirements for a material that you are classifying as \"UN 1796, Nitrating acid mixtures,\"\ncontaining approximately 20 percent Nitric acid and 40 percent Sulfuric acid. Your\nquestions are paraphrased and answered below.\nQl. Does§ 173.158(a), which restricts Nitric acid exceeding 40 percent\nconcentration from being packaged with any other material, infer that materials that\ncontain less than 40 percent Nitric acid concentration do not have to comply with the\npackaging requirements listed in§ 173.158(b) through§ 173.158(h)?\nA 1. The answer is no. Nitric acid mixtures that contain less than 40 percent Nitric\nacid concentration must comply with the packaging requirements listed in\n§ 173.158(b) through§ 173.158(h), as appropriate. Paragraph (a) of§ 173.158 is a\nspecific requirement for Nitric acid exceeding 40 percent and does not provide any\nexception for materials that contain less than 40 percent Nitric acid concentration.\nQ2. Is § 173.1 58(f)(l) the correct paragraph to find the requirements for packaging\ncontaining \"UN 1796, Nitrating acid mixtures'' with approximately 20 percent Nitric\nacid and 40 percent Sulfuric acid in 5-gallon packagings?\nA2. The answer is yes. Section 173.1 58(f)(l) authorizes Nitric acid of 70 percent or\nless concentration, when offered for transportation or transported by rail, highway, or\nwater, to be packaged in composite packagings 6P A 1, 6P A2, 6PB 1, 6PB2, 6PC,\n6PD 1, 6PH 1, or 6PH2, as well as 6HH 1 and 6HA 1 composite packaging with plastic\ninner receptacles meeting the compatibility requirements § 173 .24( e) (e.g .. PF A\nTei1on). Section 173.158(t)(l) does not restrict the capacity ofthe packagings.\nIt should be noted that § 173 .158(f)( 1) is not the only authorized packaging\nconfiguration for Nitric acid of 70 percent or less concentration. As specified in\n\n<<<PAGE 2>>>\n\n§§ 173.158(±)(2) and 173.158(±)(3,) other configurations of composite packagings are\npermitted provided the requirements of these sections are met and the required inner\npackagings do not exceed 2.5 Leach.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, August 14, 2012 3:33PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Formal Letter of Interpretation\nl1-DJ19\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Danny Gehlhausen .,~.,'~'\"\"·'\"'''\"''-''\"\"\"·'e' .. C,,i_:.:\"~\"\"~'-'\"-·-'·:,;:cc\"'-'-'''''\"'-'\"\"~- .. :.c.:,).\nSent: Monday, August 13, 2012 10:41 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Formal Letter of Interpretation\nWe !ike to an of instruction 1 Does this\nparagraph mean that materials that contain less than 40% Nitric Acid concentration and are not held to the\nrequirements listed in 173.158(b) -173.158(h).\nSpecifically we have a contains 20% Nitric Acid and 40% Acid. If we are to\na 5-gallon container of this mixture would we have to use one of the packages listed in 173.158(f)(1) or does the\nfact that it contains less than 40% Nitric allow us to ship in other types of packaging such as plastic?\nS~~is-t in prOOucu fur .:.t:Ero~»t<:sutf~t:e tre~tment a:rtd ptt~f}t1\\r~tion\nS~:.m'is~f:n prtJduif!.; dctraitetnent t't prt;?patt..tticmnit:£Utf-J$it'$d'<:~i£on\n1","truncated":false,"body_characters":4000}