# Avantor Performance Material, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 13-0208
- **title:** Avantor Performance Material, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2014-03-06
- **effective on:** Not available
- **summary:** 13-0208 response to Avantor Performance Material, Inc. concerning 172.401.
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- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-13-0208
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130208.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
MAR 0 6 2014
Dr. Donald R. Paulus
Global Dangerous Goods Specialist
A vantor Performance Materials, Inc.
3477 Corporate Parkway Suite #200
Center Valley, PA 18034
Ref. No.: 13-0208
Dear Mr. Toole:
This is in response to your letter dated October 22, 2013, requesting clarification of the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the display of
Globally Harmonized System of Classification and Labelling of Chemicals (GHS) markings
and labeling in co!liunction with hazardous materials labels. You present two specific
materials with differing HMR and GHS labeling and marking requirements and ask for
PHMSA's recommendation on how to address situations where classification differs
between HMR labels and GHS pictograms. The two commodities and the conflicting
marking and labeling requirements are as follows:
Material #1- UN 1230 Methanol, 3, PG II, which when offered domestically in accordance
with HMR requirements only requires a Class 3 flammable label. However, you note that
GHS guidelines specify that both flammable and toxic pictograms are required.
Material# 2- UN 2014, Hydrogen peroxide, aqueous solutions, 5.1, (8), PG II, which in
accordance with HMR requirements only requires the Division 5.1 oxidizer and Class 8
corrosive label. However, you note that the GHS guidelines specify that oxidizer, corrosive,
and toxic pictograms are all required.
The HMR prescribes the labeling requirements for transportation purposes. Only those
labels noted above as required for your materials (Class 3 for a domestic shipment of UN
1230 and Division 5.1 and Class 8 for UN 2014) are necessary to comply with the HMR.
Section § 172.401 (b) prohibits the transportation of a package bearing any marking or label
which by its color, design, or shape could be confused or conflict with a hazard warning
label prescribed in the HMR. The prohibition is intended to preserve the effectiveness of
Department ofTransportation's (DOT) hazard warning communication system by
preventing dilution ofthe distinctive DOT labels. However, § 172.401(c)(5) excepts
packages labeled in conformance with GHS requirements from this prohibition.

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One potential solution would be to label the shipments with those labels required for
transport under the HMR and to include a secondary GHS label including the additional
required GHS pictograrns. You may wish to contact the Occupational Health and Safety
Administration (OSHA), Directorate of Standards & Guidance or further guidance on the
appropriate GHS marking and labeling requirements for these materials at:
U.S. Department of Labor
Occupational Safety & Health Administration
Directorate of Standards & Guidance
200 Constitution Ave., NW
Washington, DC 2021 0
Please note that there are cases where the shipping container also houses the chemical in the
workplace. It is our understanding of OSHA's requirements that in such cases the container
must identify the hazards for the chemical user.
A relevant letter of interpretation by OSHA may be found at:
http:/ /www.osha.gov/pls/oshaweb/owadisp.show document?p table= INTERPRETATIONS
&p id=28646.
I trust this information is helpful. If you have further questions, please do not hesitate to
contact this office.
Sincerely,
·p [,~,J_ /·:{'
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

<<<PAGE 3>>>

Avantor Performance Materials, Inc
3477 Corporate Parh'/ay
Suite 112l'C'
Center Valley, PA 1SD3,;
U.S.A.
Tel: 1-610-573-2600
Fax: 1-610-573-2610
www.avantormaterials.com
October 22, 2013
U.S. DOT
PHMSA Office of Hazardous Materials Standards
Attn: PHH-10
East Building
1200 New Jersey Avenue, SE.
Washington, DC 20590-0001
Dear Sir/,t..1adam:
This letter is to seek advice on a recurrent issue we have had with one of the largest
courier companies in US when trying to transport certain hazardous materials containing
both hazardous materials labeling as specified under the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180) and pictograms as specified under the lJN Globally
Harmonized System of Classification and Labelling of Chemicals (GHS) recently
adapted by U.S. OSHA.
PHMSA previously released two interpretation letters (07-0156 and 13-0038) which state
that this is an acceptable practice according to HMR. In particular, the second letter
references 172.401(c)(5) which deals specifically with the HMR compliance of packages
that are labeled in conformance with GHS.
The specific materials we have had problems trying to ship by DOT ground regulations
are:
1. 2. Methanol, being shipped as UN 1230, Methanol, 3, PG II
30% Hydrogen Peroxide, being shipped as UN 2014, Hydrogen peroxide,
aqueous solutions, 5.1, (8), PG II.
We ground ship Methanol in the United States using the D designation listed in the
172.101 Table which only requires a class 3 flammable label; however, the GHS
guidelines specify that both flammable and toxic pictograrns are required. The Hydrogen
peroxide, aqueous solutions only require two labels according to the 172.101 Table -
hazard class 5.1 (oxidizer) and hazard class 8 (corrosive) labels; while, the GHS
guidelines specify that oxidizer, corrosive and toxic pictograrns are all required.
In both cases, GHS requires a toxic pictogram but HMR does not require a con·esponding
toxic label. The packages are compliant with the HMR because the restrictions of
Trademarks are owned by Avantor Performance Materials, Inc. or its affiliates unless otherwise noted.
© 2013 Avantor Performance Materials, Inc.

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PI5RFORMANC1;
hvani<,: PerformancE Materials, Inc.
34l! Corporate Parkway
Suite#200
C€nter Valley, PA 18034
U.S.A.
Tel: 1-610-573-2600
fax: 1-610-573-2610
www.avantormaterials.com
172.401(a) and (b) do not apply. The courier company stopped or delayed the shipment
because there were no hazard class 6.1 (toxic) labels on the packages and they deemed
the package "noncompliant". How does PHMSA recommends to handle situations like
these where the classification differs between HMR labels and GHS pictograms?
Regards,
Donald R. Paulus, Ph.D.
Global Dangerous Goods Specialist
Global Labeling and Packaging
A van tor Performance Materials, Inc.
Tel: 610-573-2600, Ext. 32551
E-mail: Donald.Paulus@avantormaterials.com
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