Ammunition Surveillance Division — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration JUL 1 6 2015 James Gibson Ammunition Surveillance Division 6280 Sunny point RD Southport, NC 28461 Ref. No. 15-0091 Dear Mr. Gibson: This responds to your May 6, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the reportable quantity (RQ) of a hazardous material. You offer an explosive article containing 15 to 16 pounds of white phosphorus classified as, "UN0243, Ammunition, incendiary, white phosphorus." Your questions are paraphrased and answered as follows: Q1. Does the entry "phosphorus" in § 172.101 Table 1 to Appendix A apply to "white phosphorus"? Al. Yes. Materials and their corresponding RQs listed in Appendix A to § 172.101 are designated as "hazardous substances" under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This definition includes substances listed under section 311(b)(2)(A) of the Federal Water Pollution Control Act. 40 CFR 116.4 provides a list of materials designated as hazardous substances including section 311(b)(2)(A) materials. Table 116.4A lists the common name, "Phosphorus" with the associated synonyms, "black phosphorus, red phosphorus, white phosphorus, yellow phosphorus." Therefore, the "phosphorus" entry listed in § 172.101 Table 1 to Appendix A includes "white phosphorus." Q2. Does the explosive article described in this scenario meet the definition of a hazardous substance? A2. Yes. If a package contains a quantity of hazardous material that meets or exceeds the RQ, it meets the definition of a hazardous substance and must satisfy all#

Page 2applicable requirements. Based on the information you provided, each package containing the article as described, would exceed the one pound RQ for phosphorus; and meets the definition of a hazardous substance (see § 171.8). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, irk Der Kinde Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3liccarone §172.201 taper. Dodd, Alice (PHMSA) From: Geller, Shelby CTR (PHMSA) Sent: Wednesday, May 06, 2015 10:15 AM To: Hazmat Interps Subject: FW: Formal Letter of Interpretation Request Hi Shante and Alice, Attached is a formal letter of interpretation. Mr. Gibson spoke with myself about the issue and it was further discussed with Adam Lucas and Britain Bruner. Thanks, Shelby ---Original Message----- From: Gibson, James SCIV USARMY 596 TRANS BDE (US) [mailto:james.s.gibson4.civ@mail.mill Sent: Tuesday, May 05, 2015 4:19 PM To: PHMSA HM InfoCenter Subject: Formal Letter of Interpretation Request I would like to request a Formal Letter of Interpretation concerning shipping papers and the requirement to identify materials with a Reportable Quantity of a Hazardous Substance. When shipping Ammunition, incendiary, white phosphorus, 1.2H, UN0243, is there a requirement to identify the item as a Reportable Quantity? Specifically, this item is an explosive article (class 1) that contains upwards of 15 or 16 pounds of white phosphorus per 155mm projectile. The 49 CFR, 172.101, Table 1 to Appendix A (Hazardous Substances Other Than Radionuclides) states that Phosphorus is a Reportable Quantity if a package contains 1 pound or more. The term Phosphorus by itself is not listed in the HAZMAT Table, and the Hazardous Substance Table does not specify if the term Phosphorus includes the various types such as white or red. If the term Phosphorus includes white and red in the Hazardous Substance Table, does the Reportable Quantity requirement pertain to an ammunition item that uses the substance as a primary filler? Response can be sent by email or to the physical address listed below. James Gibson Ammunition Surveillance Division 6280 Sunny Point RD Southport, NC 28461 James.s.gibson4.civ@us.army.mil Cell: 910-200-2626#