{"operation":"document","citation":"13-0227","title":"Shane Havoc Consulting, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-07-30","effective_on":null,"summary":"13-0227 response to Shane Havoc Consulting, LLC concerning 173.136, 173.137.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0227.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0227.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0227","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/130227.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUL 3 0 2014\nGregory Sutherland Ph.D. (DGSA)\nShane Havoc Consulting, LLC\n1905 English Ivy Ct.\nMount Pleasant, SC 29464\nRef. No. 13-0227\nDear Mr. Sutherland:\nThis is in response to your November 22, 2013 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the classification of\nClass 8 (corrosive material). Specifically, you request guidance on authorized methods for\ndetermining the corrosivity of a solid substance.\nFor purposes of the HMR, a Class 8 (corrosive material) means a liquid or solid that causes\nfull thickness destruction of human skin at the site of contact within a specified period of\ntime (see § 173.136). A liquid, or a solid which may become liquid during transportation,\nthat has a severe corrosion rate on steel or aluminum based on the criteria in §173.137(c)(2)\nis also a corrosive material. Whenever practical, in vitro test methods authorized in\n§173.137 of the HMR should be used to determine whether a material is corrosive.\nThe corrosivity of a solid substance must be determined using data obtained from tests\nconducted in accordance with the Organization for Economic Cooperation and Development\n(OECD) Guideline for the Testing of Chemicals, Number 430, \"In Vitro Skin Corrosion:\nTranscutaneous Electrical Resistance Test (TER)\" or Number 431, \"In Vitro Skin Corrosion:\nHuman Skin Model Test\" or Number 404, \"Acute Dermal Irritation/Corrosion.\" For a solid\nsubstance, testing protocol varies depending on the method used but, generally, requires that\na solid substance be slightly wetted once in place for testing. The OECD Guidelines can be\ndownloaded at the following link:\nhttp://www.oecd.org/env/ehs/testing/oecdguidelinesforthetestingofchemicals.htm\nI trust this information is helpful. Please contact us if you require further assistance.\nSincerely,\n_I. Allenn Fist\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nStevens\n3172.101\nDrakeford, Carolyn (PHMSA)\n$173.137 c(2)\nSent:\nFrom:\nBillings, Delmer (PHMSA)\n$173.136\nTo:\nDrakeford, Carolyn (PHMSA)\nMonday, November 25, 2013 1:54 PM\nClassification\nSubject:\nAttachments:\nFW: Corrosive Solids Class 8\nUN 18th Class 8.pdf; 13533.pdf; 9045d.pdf\n13-0227\nPlease log for response and assign to a specialist.\nThanks\nDel\nFrom: Gregory Sutherland [mailto:grsuthe@attglobal.net]\nSent: Friday, November 22, 2013 4:15 PM\nTo: Billings, Delmer (PHMSA)\nSubject: Corrosive Solids Class 8\nHow are you doing, Washington appears to be a confused place at this time.\nI have been looking for a test that determines if a solid is corrosive or not. This is to\nreview if a material should be classified as such.\nThe 49 CFR States\n49 CFR §173.136 Class 8--Definitions.\n(a) For the purpose of this subchapter, \"corrosive material\" (Class 8) means a liquid or\nsolid that causes full thickness destruction of human skin at the site of contact within a\nspecified period of time. A liquid, or a solid which may become liquid during\ntransportation, that has a severe corrosion rate on steel or aluminum based on the\ncriteria in §173.137(c)(2) is also a corrosive material. Whenever practical, in vitro test\nmethods authorized in §173.137 of this part or historical data authorized in paragraph\n(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\nless than indicated by the results of the tests specified in paragraph (a) of this section,\nPHMSA may revise its classification or make the determination that the material is not\nsubject to the requirements of this subchapter.\nThe UN Class 8 section(attached) is about the same, but mentions water.\nWhat I get so far is that if it is a solid it doesn't not get metal coupon tests done. So do\nyou just put the solid on the test surface (membrane)?\nOr do you add water?\n1\n\n<<<PAGE 3>>>\n\nThe only process I can find is from the EPA.\nAny thoughts. (I am looking at a starch that has 25% Acetic Acid sprayed on it and is a\nsolid when done.)\nCall if you want to not write an e-mail.\nGregory Sutherland Ph.D. (DGSA)\nShane Havoc Consulting, LLC\n1905 English Ivy Ct.\nMount Pleasant, SC 29464\n(843) 849-1463\nFAX: (561) 423-3907\nCell: (260) 414-4335\n2\n\n<<<PAGE 4>>>\n\nPPC 9443.1992(01)\nCORROSIVITY CHARACTERISTIC AS IT APPLIES TO SOLIDS\nUnited States Environmental Protection Agency\nWashington, D.C. 20460\nOffice of Solid Waste and Emergency Response\nMarch 9, 1992\nCharles A. Licht, President\nCLEA, Inc., P.O. Box 315\nOlympia Fields, Illinois 60461\nDear Mr. Licht:\nI am writing in response to your letter of February 13, 1992\nto Sylvia Lowrance concerning clarification of the corrosivity\ncharacteristic as it applies to solids.\nThe current characteristic defines a corrosive waste as a\n2 or greater than or equal to 12.5 b) or is a liquid and corrodes\nsolid waste that: a) is aqueous and has a pH less than or equal to\nsteel at a rate greater than 6.35 mm per year. We have two methods\nin SW-846 for measuring the corrosivity of these liquids. One\nmethod is for aqueous liquids (Method 9040, pH electrometric\nmeasurement) and the other method is for non-aqueous liquids\n(Method 1110, corrosivity of steel).\nWe realize that the existing corrosivity characteristic has\ntwo problems: 1) it applies only to liquid wastes, thus corrosive\nsolids such as lye, solid acids, or in your case, baghouse dusts,\nare not covered and 2) the term \"aqueous\" (as in aqueous liquid)\nhas not yet been defined, thus, there is a chance that some users\nof our method for pH determination will incorrectly apply the\nmethod to certain non-aqueous wastes.\nWith respect to solids, the Office of Solid Waste has\ndeveloped a method that appears to be suitable for determining\ntheir corrosivity. This method, Method 9045 - Soil and Waste pH\n(copy attached), mixes a waste sample with water in a 1:1 ratio and\ndetermines the pH of the solution with a pH meter. Method 9045 will\nbe included in the proposal for the second update to the third\nedition of sW-846, \"Test Methods for Evaluating Solid Waste,\nRO 13533\n\n<<<PAGE 5>>>\n\nPhysical/Chemical Methods.\" We anticipate the proposal appearing in\nthe Federal Register sometime this spring, with promulgation\nsometime in 1993.\nPromulgation of Method 9045 would not by itself expand the\nscope of the corrosivity characteristic. This requires that the\nEnvironmental Protection Agency (EPA) draft regulatory language to\ninclude corrosive solids and to employ Method 9045 for their\ndetermination. We are not sure at this time when that will happen.\nIn the interim, we recommend the use of Method 9045 for the\ndetermination of corrosive solids.\nIf you have any additional questions, please call Ollie\nFordham of my staff at (202) 260-4778 or call the Methods\nInformation Communications Exchange (MICE) at (703) 821-4789. MICE\ncalls are recorded on an answering machine and, for the majority of\nquestions, responses are provided within 24 hours. I hope this\ninformation has sufficiently addressed your questions.\nSincerely yours,\nGail Hansen\nChief,\nMethods Section (OS-331)\nEnclosure\ncc: Alec McBride, Ollie Fordham, Kim Kirkland, Rafael DeLeon\n(OGC)\nRO 13533\n\n<<<PAGE 6>>>\n\nMETHOD 9045D\nSOIL AND WASTE pH\n1.0\nSCOPE AND APPLICATION\nThis method is an electrometric procedure for measuring pH in soils and waste\nsamples. Wastes may be solids, sludges, or non-aqueous liquids. If water is present, it must\nconstitute less than 20% of the total volume of the sample.\n2.0 SUMMARY OF METHOD\nsolution is measured.\n2.1 The sample is mixed with reagent water, and the pH of the resulting aqueous\n3.0\nINTERFERENCES\nSamples with very low or very high pH may give incorrect readings on the meter.\nFor samples with a true pH of >10, the measured pH may be incorrectly low. This error can be\nminimized by using a low-sodium-error electrode. Strong acid solutions, with a true pH of <1,\nmay give incorrectly high pH measurements.\n3.2 Temperature fluctuations will cause measurement errors.\nErrors will occur when the electrodes become coated. If an electrode becomes\ncoated with an oily material that will not rinse free, the electrode can (1) be cleaned with an\nultrasonic bath, or (2) be washed with detergent, rinsed several times with water, placed in 1:10\nHCI so that the lower third of the electrode is submerged, and then thoroughly rinsed with water,\nor (3) be cleaned per the manufacturer's instructions.\n4.0 APPARATUS AND MATERIALS\n4.1\npH meter with means for temperature compensation.\n4.2\nGlass electrode.\nconstant potential may be used\nReference electrode -- A silver-silver chloride or other reference electrode of\nNOTE:\nCombination electrodes incorporating both measuring and referenced functions are\nconvenient to use and are available with solid, gel-type filling materials that require\nminimal maintenance.\n4.4\nBeaker -- 50-mL.\n4.5\nThermometer and/or temperature sensor for automatic compensation.\n4.6\nAnalytical balance -- capable of weighing 0.1 g.\n9045D - 1\nRevision 4\nNovember 2004\n\n<<<PAGE 7>>>\n\n5.0 REAGENTS\n5.1 Reagent grade chemicals shall be used in all tests. Unless otherwise indicated, it\nis intended that all reagents shall conform to the specifications of the Committee on Analytical\nReagents of the American Chemical Society, where such specifications are available. Other\nto permit its use without lessening the accuracy of the determination.\ngrades may be used, provided it is first ascertained that the reagent is of sufficiently high purity\ndefined in Chapter One.\nReagent water. All references to water in this method refer to reagent water, as\nPrimary standard buffer salts are available from the National Institute of Standards\nand Technology (NIST) and should be used in situations where extreme accuracy is necessary.\nPreparation of reference solutions from these salts requires some special precautions and\nhandling, such as low-conductivity dilution water, drying ovens, and carbon-dioxide-free purge\ngas. These solutions should be replaced at least once each month.\n5.4\nSecondary standard buffers may be prepared from NIST salts or purchased as\nsolutions from commercial vendors. These commercially available solutions, which have been\nvalidated by comparison with NIST standards, are recommended for routine use.\n6.0 SAMPLE PRESERVATION AND HANDLING\nSamples should be analyzed as soon as possible.\n7.0\nPROCEDURE\n7.1 Calibration\n7.1.1 Because of the wide variety of pH meters and accessories, detailed\noperating procedures cannot be incorporated into this method. Each analyst must be\nacquainted with the operation of each system and familiar with all instrument functions.\nSpecial attention to care of the electrodes is recommended.\n7.1.2\nEach instrument/electrode system must be calibrated at a minimum of\ntwo points that bracket the expected pH of the samples and are approximately three pH\nunits or more apart. Repeat adjustments on successive portions of the two buffer\naccurate pH reading based on the conventional pH scale [0 to 14 at 25 • C] is required,\nsolutions until readings are within 0.05 pH units of the buffer solution value. If an\nthe analyst should control sample temperature at 25 ‡ 1 • € when sample pH approaches\nthe alkaline end of the scale (e.g., a pH of 11 or above).\n7.2\nSample preparation and pH measurement of soils:\n7.2.1\nTo 20 g of soil in a 50-mL beaker, add 20 mL of reagent water, cover, and\ncontinuously stir the suspension for 5 min. Additional dilutions are allowed if working with\nhygroscopic soils and salts or other problematic matrices.\n7.2.2\nLet the soil suspension stand for about 1 hr to allow most of the\nphase for pH measurement.\nsuspended clay to settle out from the suspension or filter or centrifuge off the aqueous\n9045D - 2\nRevision 4\nNovember 2004\n\n<<<PAGE 8>>>\n\n7.2.3\nAdjust the electrodes in the clamps of the electrode holder so that, upon\nlowering the electrodes into the beaker, the glass electrode will be immersed just deep\nenough into the clear supernatant solution to establish a good electrical contact through\nthe ground-glass joint or the fiber-capillary hole. Insert the electrodes into the sample\nsolution in this manner. For combination electrodes, immerse just below the suspension.\n7.2.4\nsolution, the measured pH values must be corrected.\nIf the sample temperature differs by more than 2• € from the buffer\n7.2.5\nReport the results as \"soil pH measured in water at _•C\" where \"_•C\" is\nthe temperature at which the test was conducted.\n7.3 Sample preparation and pH measurement of waste materials\n7.3.1\nTo 20 g of waste sample in a 50-mL beaker, add 20 mL of reagent water,\ncover, and continuously stir the suspension for 5 min. Additional dilutions are allowed if\nworking with hygroscopic wastes and salts or other problematic matrices.\n7.3.2\nLet the waste suspension stand for about 15 min to allow most of the\nsuspended waste to settle out from the suspension or filter or centrifuge off aqueous\nphase for pH measurement.\nNOTE: If the waste is hygroscopic and absorbs all the reagent water, begin the\nexperiment again using 20g of waste and 40 mL of reagent water.\nNOTE: If the supernatant is multiphasic, decant the oily phase and measure the pH of\nthe aqueous phase. The electrode may need to be cleaned (Step 3.3) if it\nbecomes coated with an oily material.\nAdjust the electrodes in the clamps of the electrode holder so that, upon\nlowering the electrodes into the beaker, the glass electrode will be immersed just deep\nglass joint or the fiber-capillary hole. Insert the electrode into the sample solution in this\nenough into the clear supernatant to establish good electrical contact through the ground-\nmanner. For combination electrodes, immerse just below the suspension.\n7.3.4\nsolution, the measured pH values must be corrected.\nIf the sample temperature differs by more than 2• C from the buffer\n7.3.5\nis the temperature at which the test was conducted.\nReport the results as \"waste pH measured in water at _•€\" where \" •€\"\n8.0\nQUALITY CONTROL\n8.1\nRefer to Chapter One for the appropriate QC protocols.\n8.2 Electrodes must be thoroughly rinsed between samples.\n9.0\nMETHOD PERFORMANCE\n9.1\nNo data provided.\n9045D - 3\nRevision 4\nNovember 2004\n\n<<<PAGE 9>>>\n\n10.0 REFERENCES\nBlack, Charles Allen; Methods of Soil Analysis; American Society of Agronomy:\nMadison, WI, 1973.\nNational Bureau of Standards, Standard Reference Material Catalog, 1986-87, Special\nPublication 260.\n9045D - 4\nRevision 4\nNovember 2004\n\n<<<PAGE 10>>>\n\nMETHOD 9045D\nSOIL AND WASTE pH\nStart\neach instrument/\n7.1 Calibrate\nelectrode\nsystem.\nwater to 20 g soil:\n7.2.1 Add 20 mL\nstir continuously\nSoil\nIs the\n7.3.1 Add 20 mL\nfor 5 minutes.\nwater to 20 g waste;\nstir continuously\nfor 5 minutes.\n7.2.2 Let soil\nsuspension\nhour or filter.\nstand for 1\n7.3.2 Lot waste\nstand for 15\nsuspension\nminutes or filter.\nhydroscopic?\nls waste\nYes\n•\nRepeat experiment\nand 40 mL water.\nwith 20g waste\nNo\nelectrodes\nInsert\ninto sample\nNo\nsupernatant\nIs\nsolution.\nmultiphasic?\nYes\nDecant oily\nmeasure pH of\nphase;\naqueous phase.\nAqueous\nDo\nPhase\nmeasured pH\nCorrect\nYes\nand buffer\nsample\nvalues.\nsol'n temps\nvan by\nNo\nresults and\nReport\ntemperature\nStop\n9045D - 5\nRevision 4\nNovember 2004","truncated":false,"body_characters":15338}