{"operation":"document","citation":"13-0222","title":"Dr. Matthew Williams — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-04-24","effective_on":null,"summary":"13-0222 concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0222.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0222.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0222","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130222.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\nAPR 2 4 2014\nDr. Matthew Williams\n3616 Londerry Drive\nTallahassee, Florida 32309\nReference No. 13-0222\nDear Mr. Williams:\nThis is in response to your November 4, 2013 letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to formalin, a\ntrade name for a type of formaldehyde solution. You note that a buffered 10% solution of\nformalin contains about 3-4% formaldehyde. You ask if a 10% buffered solution of\nformalin containing 3-4% formaldehyde is regulated under the HMR?\nAs required by § 173.22 of the HMR, it is the shipper's responsibility to properly class a\nhazardous material. This Office generally does not perform this function. Manufacturers\ngenerally have the knowledge to properly class the materials and products they produce,\nalthough it may be necessary to enlist an outside laboratory to assist in the classification\nprocess as testing may have to be conducted to determine how a product compares to the\ncriteria for the nine hazard classes. However, although you did not provide sufficient\ninformation, such as testing results or a Safety Data Sheet, the acute effects of formaldehyde\nsolutions have been well documented. Therefore, provided the solution does not meetthe\ndefinition of any other hazard class, a 10% buffered solution of formalin containing less\nthan 1 0% formaldehyde is not subject to the HMR (See § 1 72.1 02 Special Provision A 18 9).\nFor additional background information on the correct classification of formalin, please refer\nto the final rule entitled \"Hazardous Materials: Miscellaneous Amendments\" [Docket No.\nPHMSA 2009-0151 (HM-218F)], published on July 20,2011 [76 FR 43510].\nI hope this satisfies your request.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAndrews\nf317:l·IDI\n~ t73· Jt-fO\nTo Whom It May Concern:\nf\\pplicF:t~b~~?..J\nI am requesting a formal response to my question. Are there any regulations in regard to shipping 10%\nbuffered formalin. Ten percent formalin consist of 3-4% formaldehyde. Nowhere in the regulations does\nit state that solutions containing 3-4% formaldehyde are regulated. It states 10% or greater. Please see\nthe table I have inserted from the eCFR in regard to rules about formaldehyde. In addition to that I\ncalled PHSMA and inquired about the issue. I never got a clear answer and later received emails from\nPHSMA. I have attached copies of these emails. Two of the emails had an attachment. Each email had\nthe same exact attachment. Which consist of a letter that a corporation had sent to PHSMA in March of\n2011. It asked if 10% formalin was regulated and the reply from PHSMA was yes. This answer\ncontradicts the regulations. It is stated in the 49 CFR that solutions containing 10% or greater\nformaldehyde are regulated. Not less than 10%. 10% formalin consist of 3-4% formaldehyde which falls\nwell below 10% and does not qualify to be regulated. The only thing that 49 CFR states about formalin is,\n\"see formaldehyde\". Enclosed you will find emails that I sent, responses from PHSMA and the letter\nsent from the corporation that appears incorrectly answered. I would like someone to specifically\nanswer my question in regard to 10% formalin which contains 3-4% formaldehyde. Is it regulated? If so,\nplease cite the regulation where I can find it. If not, is this solution unregulated and not considered a\ndangerous material/solution.\nThank You,\nDr. Matthew Williams\n3616 Londerry Drive\nTallahassee, Florida 32309\n404-3947-7900","truncated":false,"body_characters":3688}