# Compliance Plus Servicves, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 15-0072
- **title:** Compliance Plus Servicves, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2015-08-27
- **effective on:** Not available
- **summary:** 15-0072 response to Compliance Plus Servicves, Inc. concerning 172.101, 173.158, 173.202, 173.242, 173.3.
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- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-15-0072
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150072.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
1200 New Jersey Avenue SE
Washington, DC: 20590
Pipeline and Hazardous
Materials Safety
Administration
AUG 2 7 2015
Denise E. Ernest, CRCM
roject Manage
Compliance Plus Services. Inc
PO Box 186
Hatboro, PA 19040
Ref. No.: 15-0072
Dear Ms. Ernest:
This is a response to your April 6, 2015 email requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to offering and
transporting non-bulk packages containing various amounts of nitric acid. In your email,
you state that you understand it is the shipper's responsibility to properly classify a
hazardous material and that the Pipeline and Hazardous Materials Safety Administration
(PHMSA) does not perform this function, but that you would appreciate PHMSA's
guidance with the following issues. Your questions are paraphrased and answered as
follows:
Q1. What packaging section is one referred to when shipping "UN3264, Waste
Corrosive liquid, acidic, inorganic, n.o.s. (multiple technical names), 8, PG II" if
nitric acid is one of multiple constituents causing the final solution to meet the
definition of a Class 8 (corrosive) material?
A1.
Assuming the shipper has properly classified the solution as "UN3264, Waste
Corrosive liquid, acidic, inorganic, n.o.s. (multiple technical names), 8, PG IT" then
the packaging section it should select from the § 172.101 Hazardous Materials Table
(HMT) is § 173.202 (non-bulk packagings for liquid hazardous materials in Packing
Group (PG) II.
Q2.
The shipping description, "UN2031, Nitric acid other than red fuming with not more
than 20 percent nitric acid, 8, PG II," specifies not more than 20% nitric acid in the
solution. Is this intended to be a range of 1%-20%? Is there a minimum percentage
to be included in this shipping description (ex. anything <1%)?
A2.
In order to utilize the HMT entry of "UN2031, Nitric acid other than red fuming
with not more than 20 percent nitric acid, 8, PG II," you must meet the following
two conditions:
1

<<<PAGE 2>>>

(1) Nitric acid must be the predominant hazardous material in the solution that
creates the corrosive hazard. The PG II corrosive hazard must be solely due to
the concentration of nitric acid present in the solution and not from any other
acidic materials in the solution. If the solution is a mixture of nitric acid with
other acidic materials and they only meet the PG II corrosive hazard criteria due
to the combination of the individual components present, then the proper
shipping name should be "UN3264, Corrosive liquid, acidic, inorganic, n.o.s.
(technical names of acids)"; and
(2) The amount of nitric acid must not exceed 20 percent.
Q3.
Would a material with the shipping description, "UN2031, Nitric acid other than red
Juming with not more than 20 percent nitric acid, 8, PG II" (that does not contain
sulfuric acid or hydrochloric acid as impurities), containing at least 1% nitric acid,
be subject to the authorized packaging requirements listed in § 173.158?
A3.
Please see A2. If a shipper has properly classified a solution as "UN2031, Nitric
acid other than red fuming with not more than 20 percent nitric acid, 8, PG II," then
the § 172.101 HMT directs the reader to § 173.158 as the appropriate packaging
section for nitric acid in non-bulk packagings. Additionally, the § 172.101 HMT
directs the reader to § 173.242 as the appropriate packaging section for nitric acid in
bulk packagings.
Q4.
After having been placed in transportation, if a package containing a hazardous
waste of nitric acid that is subject to § 173.158 is not contained in one of the
authorized packages listed in § 173.158 and the material cannot be safely transferred
into one of the appropriate authorized packages, would it be appropriate for the
material to be placed into a salvage drum?
A4.
The answer is yes. As provided by § 173.3(c), packages of hazardous materials that
are damaged, defective, or leaking; packages found to be not conforming to the
requirements of Subchapter C of the HMR after having been placed in
transportation; and, hazardous materials that have spilled or leaked may be placed in
a metal or plastic removable head salvage drum that is compatible with the lading
and shipped for repackaging or disposal under the conditions listed in (c)(1) through
(7) of § 173.3.
Q5.
If one can place the material referenced in Q4 into a salvage drum, must the salvage
drum be made of stainless steel to comply with § 173.158(b)(1)?
A5.
As provided by § 173.3(c)(1), the salvage drum must be a UN 1A2, 1B2, 1N2 or
1H2 tested and marked for PG III or higher performance standards for liquids or
solids and a leakproofness test of 20 kPa (3 psig), and a capacity may not exceed
2

<<<PAGE 3>>>

450 L (119 gallons). Depending on the characteristics and concentrations of the
nitric acid, these materials must be placed in a metal or plastic removable head
salvage drum that is compatible with the lading and shipped for repackaging or
disposal.
I hope this information is helpful. If you have any more questions, please do not hesitate to
contact this office.
Sincerely,
'Ann Faster
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 4>>>

Nickels
•
13.152
Goodall, Shante CTR (PHMSA)
authorized Packag
From:
15-0072
Sent:
Geller, Shelby CTR (PHMSA)
To:
Thursday, April 09, 2015 2:47 PM
Subject:
Hazmat Interps
Attachments:
FW: Request for a Formal Letter of Interpretation
PHMSA Request for Letter of Interpretation.pdf
Hi Shante and Alice,
Attached is a request for a formal letter of interpretation. Please let me know if you need any more information.
Thanks,
Shelby
From: Denise E. Ernest [mailto: desrtss@comcast.net]
To: PHMSA HM InfoCenter
Sent: Monday, April 06, 2015 3:15 PM
Cc: Cunningham, Brad; Logan, Mike
Subject: Request for a Formal Letter of Interpretation
Dear U.S. DOT, PHMSA Office of Hazardous Materials Standards:
Please find attached to this email, a Request for a Formal Letter of Interpretation.
If you have any questions regarding this request, please feel free to contact me at 215-734-1414, or
via electronic mail at dernest@CPS-2comply.com.
Thank you for your attention to this request.
Sincerely,
Denise E. Ernest
Denise E. Ernest, CRCM
Project Manager
Compliance Plus Services, Inc.
PO Box 186
Hatboro, PA 19040
PA Office 215-734-1414
PA Office Fax 215-734-1424
Cell Phone 856-981-5065
Site Address:
120 Gibraltar Road, Suite 210
Horsham, PA 19044
dernest@CPS-2comply.com

<<<PAGE 5>>>

COMPLANCE PUIS SERVICES
April 6, 2015
Via Electronic Mail
U.S. DOT
PHMSA Office of Hazardous Materials Standards
Attn: PHH-10
East Building
1200 New Jersey Avenue, SE.
Washington, DC 20590-0001
RE:
Request for a Formal Letter of Interpretation
To Whom It May Concern:
Compliance Plus Services, Inc. ("CPS"*) is a consultant to a variety of clients in respect to EPA,
DOT and OSHA regulations.
One of our clients has asked CPS to answer questions regarding the shipment of certain Waste
Corrosive Liquids, Inorganic materials. Therefore, we are requesting a clarification of the
applicable regulations as discussed in the sections below, in the form of a formal letter of
interpretation.
It is understood that it is the shipper's responsibility to properly classify a hazardous material,
and that the PHMSA Office does not perform that function. However, we appreciate your
guidance with the following questions.
In selecting authorized packaging for shipments of non-bulk packages (other than lab packs)
described as UN3264 Waste Corrosive Liquids, Acidic, Inorganic, N.O.S, 8, PG II., and
assuming the Offerer/Generator has properly described and classified their hazardous material;
• If one of the listed technical names is identified as nitric acid, but the material does not
contain sulfuric acid or hydrochloric acid, is it required to select an authorized
specification package from CFR 49 173.158 or 173.202(c)?
I am including the section from the Hazardous Materials Table applicable to this question, for
your reference.
G Corrosive liquid, acidic,
SUN3264 I 8A6, B10, T14, TP2,None201/243 0.5 2.5340
inorganic, n.o.s
TP27
I 8 B2, IB2, T11, TP2,154 202242 1 L|30 L)B 40
TP27
Ш83, T7, TP1, TP28|154 203/241 5 L|60 L A 40
Premier Industry Pravi. 5-Compleml and Safety Services
Hatboro, PA 19040
› 0. Box 186
Ph: 215-734-1414 Fax: 215-734-142+
1866.97(PLIS(7587)

<<<PAGE 6>>>

• The shipping description, Nitric acid other than red fuming with not more than 20
percent nitric acid, 8, UN2031, PGII, specifies not more than 20% nitric acid in solution.
Is this intended to be a range of 1%-20%? Is there a minimum percentage to be included
in this shipping description (ex. anything <1%)?
• Would a material with the shipping description, Nitric acid other than red fuming with
not more than 20 percent nitric acid, 8, UN2031, PGII (that does not contain sulfuric acid
or hydrochloric acid as impurities), containing at least 1% nitric acid, be subject to the
authorized packaging requirements listed in 173.158?
• If a package containing a hazardous waste of nitric acid that is subject to 173.158 is not
contained in one of the authorized packages listed in 173.158 and the material cannot be
safely transferred into one of the appropriate authorized packages, would it be
appropriate for the material to be over-packed into a salvage drum?
• If you can over-pack the material into a salvage drum, must the salvage drum be made of
stainless steel to comply with 173.158(b)(1)?
Again, a copy of the section from the Hazardous Materials Table applicable to these
questions follows for your reference:
Nitrating acid
8 UN1826 I 8,
A7, T10, None 158243 Forbidden
25LD 40,66
mixtures, spent with
5.1
TP2,
more than 50 percent
TP13
nitric acid
Nitrating acid mixtures 8 UN18261I8
A7, B2, None 158242 Forbidden
30 LD
40
spent with not more
IB2, T8,
than 50 percent nitric
TP2
acid
Nitrating acid
mixtures with more
801179618,
A7, T10, None 158243 Forbidden
2.5 LD 40, 66
5.1
than 50 percent nitric
TP13
TP2,
acid
Nitrating acid
U1796118
A7, B2, None 158242 Forbidden
30 LD
40
mixtures with not more
IB2, T8,
than 50 percent nitric
TP2,
acid
TP13
Nitric acid other than
8 UN2031 118,
A6, B2, None 158242 Forbidden
30 LD
66,
red fuming, with at
5.1
B47,
74,
least 65 percent, but
not more than 70
B53, IB2,
89,90
percent nitric acid
IP15, T8,
TP2
Nitric acid other than 8/UN2031|II8
A6, B2, None 158242 Forbidden
30 LD
44,

<<<PAGE 7>>>

red fuming, with more
B47,
66,
than 20 percent and
B53, IB2,
less than 65 percent
IP15, T8.
89,90
74,
nitric acid
TP2
Nitric acid other than
8UN203111
A6, B2, None 158242
30 LD
red fuming with not
B47,
more than 20 percent
nitric acid
B53, IB2,,
T8, TP2
+ Nitric acid, red fuming 8 UN2032 I 8,
2, B9, None 227244 Forbidden Forbidden D
40,
5.1, B32, T20,
6.1
66,
TP13,
74,
89,90
TP38,
TP45
Nitric acid other than
8UN2031I8,
A3, B47, None 158243 Forbidden
2.5 LD
red fuming, with more
5.1 B53, T10,
44,
66,
than 70 percent nitric
TP2,
acid
89,
TP12,
TP13
90,
110,
111
Thank you for your attention to this request. If you have any questions or concerns regarding the
questions posed, please feel free to contact me at your convenience at 215-724-1414.
Sincerely,
Denise E. Ernest, CRCM
Project Manager
Compliance Plus Services, Inc.
cc: Bradley Cunningham, Engineer, CPS
Michael D. Logan, VP, CPS
N:ILETTERS15200-5299\5210-PHMSA Letter to Request Formal Interpretation of Regulations Concerning Nitric Acid.docx
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