{"operation":"document","citation":"13-0065","title":"Huntsman LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-06-28","effective_on":null,"summary":"13-0065 response to Huntsman LLC concerning 172.203, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0065.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0065.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0065","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130065.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 1 4 2013\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMike Stillwell\nTeam Lead, Transportation Safety and Rail Security Coordinator\nHuntsman LLC\n8600 Gosling Road\nThe Woodlands, TX 77831\nRef. No. 13-0065\nDear Mr. Stillwell:\nThis responds to your March 25, 2013 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 1 71-180) applicable to shipping papers.\nSpecifically, you ask about shipping a Class 8 material containing a marine pollutant under a\ngeneric shipping description such as \"UN2375, Corrosive Liquid, n.o.s.\" In your letter, you\npropose two different shipping descriptions and request that the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) clarify which description is correct based on the\nwording in § 172.203(k)(l ). The shipping descriptions listed in your letter are as follows:\nUN2375, Corrosive liquid, n.o.s. (corrosive component), 8, II marine pollutant (marine\npollutant component); or\nUN23 75, Corrosive liquid, n.o.s. (corrosive component, marine pollutant component), 8, II\nmarine pollutant.\nIn accordance with § 173.22, it is the shipper's responsibility to properly classify a\nhazardous material. This Office does not generally perform that function. However, based\non the information you provided, the appropriate method to describe the material in your\nscenario would be \"UN2375, Corrosive liquid, n.o.s. (corrosive component), 8, II, marine\npollutant (marine pollutant component).\" The intention of§ 172.203(k)(l) is for only the\ncorrosive component which makes the material a corrosive liquid be included in the\nshipping description in addition to the generic n.o.s. description.\nThank you for your continued interest in this matter. If you have any questions regarding\nthe handling of your request, please feel free to contact me directly at (202) 366-8553.\nSincerely,\nT. Glenn Foster\nChief~ Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n-------~-----------\n\n<<<PAGE 2>>>\n\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nI would like to get a written interpretation and clarification of 49 CFR 172.203 (k) (1)\nI have included the actual elements from the regulations with my understanding I\ninterpretation attached at the end of each entry\n172.203 (k) (1) Additional description requirements\n(1) If a hazardous material is a mixture or solution of two or more hazardous\nmaterials, the technical names of at least two components most predominately\ncontributing to the hazards of the mixture or solution must be entered on the\nshipping paper as required by paragraph (k) of this section. For example,\n\"Flammable liquid, corrosive, n.o.s., 3, UN 2924, II (contains Methanol,\nPotassium hydroxide)\".\nMy interpretation of the above is that materials that are classified as corrosive and using a\nn.o.s. designation will have the technical name(s) of the material parenthesis after the\nproper shipping name and that is all.\nI need clarification on the following.\nI have a mixture of chemicals which is classified as the following and stated this way on\nthe shipping document.\n(a) UN2375 Corrosive liquid, n.o.s. (corrosive component) 8, II marine pollutant (marine\npollutant component)\nThe change below is being requested\n(b) UN2375 Corrosive liquid, n.o.s. (corrosive component, marine pollutant component) 8,\nII marine pollutant\nI see this as a direct conflict with the excerpt 172.203(k)(1) above for two reasons\n(1) The current classification is based on one component driving the corrosive issue and\nthe other component is the marine pollutant and is clearly identifiable in example (a).\n(2) The second option implies the two components listed in example (b) are both\ncontributing to the corrosivity and both contributing to the Marine Pollutant.\n\n<<<PAGE 3>>>\n\nI appreciate your guidance in helping me ensure ongoing compliance for our company.\nSincerely,\nMike Stillwell DGSA\nTeam Lead Transportation Safety & Rail Security Coordinator\nHuntsman LLC\n8600 Gosling Road\nThe Woodlands, Texas 77381\nIf you have any questions, please contact me at 281-719-3027","truncated":false,"body_characters":4267}