{"operation":"document","citation":"13-0205","title":"Reid laboratories LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-11-21","effective_on":null,"summary":"13-0205 response to Reid laboratories LLC concerning 173.136, 173.137, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0205.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0205.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0205","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130205.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\nNOV 2 1 2013\nMr. Scott Hopkins\nDirector of Marketing\nReid Laboratories LLC\n2141 Collins Road, Building 901\nDenton, TX 76208\nRef. No.: 13-0205\nDear Mr. Hopkins:\nThis is in response to your email dated October 28, 2013, requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the hazard\nclassification of a 1.35 percent caustic potash (potassium hydroxide) solution.\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. Absent the\navailability of test data conducted in accordance with§ 173.137, or historical test data\nconducted in accordance with§ 173.136(c), the caustic potash solution can only be\nappropriately classified by conducting the corrosion testing specified in§ 173.137.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane A. Pfund l'\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nMonday, October 28, 2013 3:14PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for formal reply to corrosive/non-corrosive label, DOT Class determination of\ndilute solutions containing a corrosive\nSDS 2350 MSDS revisions 10-24-13 to me converted to .pdf.docx\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Scott Hopkins [mailto:shopkins@reidlabs.com]\nSent: Monday, October 28, 2013 12:52 PM\nTo: INFOCNTR (PHMSA)\na corrosive\nSubject: Request for formal reply to corrosive/non-corrosive label, DOT Class determination of dilute solutions containing\nGood morning, I have gone thru all of the 173.137 and 137 regulation information regarding the determination of\nwhether something does or does not rise to the level of to be considered a corrosive material. I can't find any information\nthat speaks to how a solution, containing a small% of a known corrosive material is evaluated, short of the testing\nspecified. We're a small company and spending money, testing products for traits that we know from experience (skin\ncorrosion, etc.) don't exist is a real burden.\nThe cleaner/degreaser contains only 3% of a Caustic Potash 45% solution, giving the solution a level of caustic potash of\n1.35%. Surely there must be some interpretations that deal with solutions containing a corrosive ingredient in very small\namounts (very dilute form), that can eliminate the need for the Regulated, Class Ill, Packing Group 8 designation as well as\nthe Corrosive- H290- May be corrosive to metals, which in all of my testing over 8 months, I have found no evidence of.\nI'd really appreciate a formal reply, whether it's \"yes you still have to have this test performed\" or \"no test needed\nbecause we have exempted higher concentrations in the past\". Just let me know, please.\n§173.136 Class a-Definitions.\n(a) For the purpose of this subchapter, \"corrosive material\" (Class 8) means a liquid or solid that causes full thickness\ndestruction of human skin at the site of contact within a specified period of time. A liquid, or a solid which may become\nliquid during transportation, that has a severe corrosion rate on steel or aluminum based on the criteria in §173.137(c)(2) is\nalso a corrosive material. Whenever practical, in vitro test methods authorized in §173.137 of this part or historical data\nauthorized in paragraph (c) of this section should be used to determine whether a material is corrosive.\n(b) If human experience or other data indicate that the hazard of a material is greater or less than indicated by the\nresults of the tests specified in paragraph (a) of this section, PHMSA may revise its classification or make the determination\nthat the material is not subject to the requirements of this subchapter.\nThank you very much for your time and response in advance. You may reach me at the phone number below if you need\nany clarifications or additional details.\n1\n\n<<<PAGE 3>>>\n\nScott\nScott Hopkins\nDir. of Marketing\nReid Laboratories\nPhone: (815) 463-1561\n2","truncated":false,"body_characters":4323}