# Fred Guimond & Associates — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 12-0271
- **title:** Fred Guimond & Associates — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2013-02-21
- **effective on:** Not available
- **summary:** 12-0271 response to Fred Guimond & Associates concerning 173.22.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0271.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0271.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0271
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120271.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
Mr. Fred Guimond
Fred Guimond & Associates
2838 Crater Lake Drive
Baton Rouge, LA 70814
1200 New Jersey Avenue, SE
Washington, D.C. 20590
~FB 2 1 20D
Reference No.: 12-0271
Dear Mr. Guimond:
This is in response to your December 3, 2012 letter posing several questions concerning the
applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17I-180) to the
metal, Selenium. Your questions are paraphrased and answered below:
Q I. Is Selenium (in shot fonn) with a diameter greater than 100 micrometers and a purity of
at least 99.95% classified as a hazardous material even though it does not meet or exceed the
reportable quantity (RQ) of a hazardous substance in § 172.101 Table I to Appendix A?
AI. As provided in§ 173.22, it is the shipper's responsibility to properly classify a
hazardous material. Such determinations are not required to be verified by this office.
However, based on your information that the diameter of the described Selenium shot is
greater than 100 micrometers and the RQ for Selenium is limited to those pieces smaller
than 100 micrometers in diameter, the entry for UN3077, Environmentally hazardous
substance, solid, n.o.s., class 9, would not be applicable in your case. Further, based on the
MSDS provided and industry standard test results for Selenium shot indicating the LDso for
acute oral toxicity is 6700 mg/kg, it is the opinion of this office that the described Selenium
shot does not meet the definition of a Division 6.1 material and, provided it does not meet
the criteria for any other hazard class, is not subject to the HMR
Q2. Can the hazard label be removed if it is on a package shipped to us?
A2. See A1. No person or carrier may offer or transport a package bearing a label unless the
package contains a hazardous material and the label represents the hazard of the material
(§ 172.401(a)). However, when offered for transportation, a package containing a hazardous
material shall be labeled in accordance with Part 172, Subpart E and as provided in
§ 173.22, it is the shipper's responsibility to properly classify a hazardous material.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
I
inserely,
elmer;~
Senior Regulatory Advisor
Standards and Rulemaking Division

<<<PAGE 2>>>

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Dec. 3, 2012 J Z .. DZ.~ /
Fred Guimond & Assoc.
2838 Crater Lake Drive
Baton Rouge, LA 70814
To: Dr. Magdy El-Sibaie
Assoc. Admin.-Haz. Matis. Safety
East Bldg. Second floor, E-24-446
1200 New Jersey Ave. SE
Washington, D.C. 20590
tel. (225)922-7400
fax (225)922-7409
e-mail
Dear Dr. El-Sibaie
This letter concerns your designation of the metal, Selenium. We trade worldwide in all the
metals in the Lead family, and this includes Se.
Right now, our suppliers are shipping us Se metal in the form of Shot. These are like shotgun
size pellets, or BB's, about 1/8 inch diameter. These are all solid metal of standard commercial
purity of99.95% min. Se content. They are NOT a compound ofSe.
The ONLY category ofSe in your lineup is for "Selenium-compound, solid, NOS". This calls
it a hazardous material, class 6.1, UN# 3283. Yet, in your addendum (cents sign) it says Se is
NOT hazardous if it is over 100 microns in size. This is basically Se powder that is under 100
microns. Se metal shot is OVER 100 microns in size.
Our question is: Is Selenium metal-shot hazardous???
If it is truly NOT; are we allowed to remove a hazardous label if it is on a drum/pail of Se-
shot shipped to us??
It seems to us that your main category of "Selenium-compound" is exclusionary. Why is
there no main category for "Selenium-metal, solid"??? You do this for LEAD, why not Se??
Your attention to this is important, as the metal producers right now are putting Haz. Labels
on Se metal-shot shipments, and we think this is wrong, and is not needed. Could you give us a
call after reviewing all this?? We would like to discuss it further.
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