{"operation":"document","citation":"13-0111","title":"Baker Hughes — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-07-31","effective_on":null,"summary":"13-0111 response to Baker Hughes concerning 173.21, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0111.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0111.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0111","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130111.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUL 3 1 201.3\nMr. Aubrey R. Campbell\nBaker Hughes\n2001 Rankin Road\nHouston, TX 77073\nRefNo.: 13-0111\nDear Mr. Campbell:\nThis is a response to your May 17, 2013 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 1 00-185) with regard to the segregation of hazardous materials\nby highway. Specifically, you seek clarification on the segregation requirements applicable to\nmaterials of the same hazard class in the same transport vehicle.\nIn your incoming letter you state that your company offers for transportation \"UN1908, Chlorite\nSolution, Class 8, Packing Group (PG) II;\" \"UN1791, Hypochlorite Solutions, Class 8, PG III;\"\nand \"UN1789, Hydrochloric Acid Solution, Class 8, PG II\" in separate intermediate bulk\ncontainers (IBCs). You correctly note that since these materials share the same hazard class,\nwith no subsidiary hazards, there are no segregation restrictions for motor vehicle transport in\naccordance with the segregation table in§ 177.848(d). However.. you provided data that\nindicates that the event of commingling, these materials would create Chlorine Dioxide gas.\n\"Chlorine Dioxide (not hydrate)\" is forbidden for transportation per the Hazardous Materials\nTable (HMT; § 172.101 ). You question the applicability of§ 173.21 (e) in this situation, which\nprohibits the transpmiation of materials in the same packaging, freight container, or overpack,\nthe mixing of which would cause a dangerous evolution of poisonous gases or vapors.\nBased on the classification of these materials, the segregation table found in § 177.848( d) does\nnot explicitly prohibit these products from being transported on the same vehicle by highway.\nHowever, as specified in § 173.21 (e), it is forbidden to offer for transpotiation or transport \"[a]\nmaterial in the same packaging, freight container, or overpack with another material, the mixing\nof which is likely to cause a dangerous evolution of heat, or flammable or poisonous gases or\nvapors, or to produce corrosive materials.\" Regardless of the segregation requirements in\n§ 177.848, if the hazardous materials offered or transported wil.l dangerously react when placed\ntogether in the same packaging, freight container or overpack they are forbidden. However, a\ntransport vehicle does not meet the definition of a packaging, freight container or overpack and\n\n<<<PAGE 2>>>\n\ntherefore § 1 73.21 (e) does not forbid the offering for transportation or transport of these\nmaterials in same transport vehicle.\nWe recognize the concerns that you have regarding the transport of Chlorite and Hypochlorite\nSolutions with Hydrochloric Acid in the same transport vehicle. However, we believe that the\npackaging requirements for these materials mitigates the potential for comingling and subsequent\ndangerous evolution of gas. If you believe that the current requirements in § 173.21 (e), should\nbe extended to include transport vehicles, you may submit a petition to amend the HMR in\naccordance with the procedures set forth in 49 CFR Part 106.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n2001 Rankin Road\nHouston, TX 77073\nPhone: (713)879~2658\n5ue~,al4\\\nt:s ( '7'7 .- 8 Lf~\ns es r.e. --9 a.+, oYl\nl3 ,oll r\nMay 17,2013\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration,\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building, 1200 New Jersey Avenue, St.\nWashington, DC 20590-0001\nRe: letter of Interpretation\nDear Office of Hazardous Materials Standards:\nBaker Hughes, Inc. (BHI} requests a letter of interpretation regarding the provisions in Title 49 Code\nof Federal Regulation (CFR} Part 177.848 applicable to segregation of hazardous materials during\ntransport by highway.\nSpecifically, BHI offers UN1908, Chlorite Solution, 8, PG II, UN1791, Hypochlorite Solution, 8, PG Ill,\nand UN 1789, Hydrochloric acid solution, 8, PG II, in separate Intermediate Bulk Containers {IBC's)\nfor transportation by truck. At the job site, these products are offloaded and mixed to form Chlorine\nDioxide, which is used in water treatment operations. Although no segregation restrictions exist to\ntransport the class 8 materials on the same vehicle according to 49 CFR Part 177.848, we are\nconcerned that, during a possible accident, these materials may leak from the !Be's and instantly\ncreate Chlorine Dioxide, a deadly poison gas forbidden for transport according to the HMR. This\ncondition could be detrimental to first responders and the public in such an event.\nOur chemical engineers have confirmed that leakage of either UN1908 or UN1791 comingled with\nleakage of UN1789 instantly creates Chlorine Dioxide in the form of a gaseous cloud. We have also\nreviewed 173.21(e}, which states, \"Unless otherwise provided in this subchapter, the offering for\ntransportation or transportation of the following is forbidden: A material in the same packaging,\nfreight container, or over-pack with another material, the mixing of which is likely to cause\ndangerous evolution of heat, or flammable or poison gases or vapors, or produce corrosive\nmaterials.\" In our opinion, this section does not apply because the materials are authorized\nhazardous materials in proper and separate containers and loaded in a trailer, not a freight\ncontainer or over-pack.\nFor clarity, please address the following questions:\n1. An> th~> ::1hovP stMPd matprl::1k (propPrlv and c;eparatPIV par.kagPd) allowed on the samg\nvehicle during transportation?\n\n<<<PAGE 4>>>\n\n2. Has PHMSA considered updating 177.848(c} to indicate that sodium chlorite and sodium\nhypochlorite may not be stored, loaded, and transported with Class 8 liquids?\nPlease see attached SDS' for the materials and information sheet on Chlorine Dioxide. Thank you for\nconsidering this important matter.\nSincerely.\nAubrey R. Campbell\nSenior Dangerous Goods Safety Advisor\nGlobal Products and Services and Chemicals (GPSC}, Baker Hughes","truncated":false,"body_characters":6224}