{"operation":"document","citation":"16-0150","title":"Entegris — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-04-18","effective_on":null,"summary":"16-0150 response to Entegris concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0150.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0150.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0150","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160150.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAPR l 8 2017\nMr. John Gaudreau\nEntegris\n10 Forge Park\nFranklin, MA 02038\nReference No. 16-0150\nDear Mr. Gaudreau:\nThis letter is in response to your September 9, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the proper hazard\nclassification of a product that you manufacture. You describe the product as being a pleated air\nfilter that contains chemically treated carbon granules that are suspended in a non-woven\npolymer fiber. In your email, you note that tests conducted in accordance with the United\nNations (UN) Manual of Tests and Criteria show that the polymer fiber qualifies for exemption\nfrom the HMR if it is transported in packages of not more than 450-liter volume. The chemically\ntreated carbon granule embedded in the filter, however, was assigned to \"UN3088, Self-heating\nsolid, organic, n.o.s., 4.2, PG II.\"\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask for confirmation of your understanding that the product as described is not\nsubject to the requirements of the HMR because the Division 4.2 hazard posed by the\ncarbon granules is negated in the product's final form.\nAl. In accordance with§ 173.22 of the HMR, it is the shipper's responsibility to properly\nclassify a hazardous material. This Office generally does not perform this function.\nHowever, you may rely on results from tests performed on the product in the form in\nwhich it will be offered for transportation rather than the hazard determination for\nindividual components of the product.\nQ2. You ask for confirmation of your understanding that nothing prohibits the use of an\noverpack of the item you described when contained in packages of 450 liters or less.\n\n<<<PAGE 2>>>\n\nA2. Your understanding is correct for the purposes of the HMR. The use of the term\n\"overpack\" is associated with shipping a hazardous material. If the shipment is not a\nhazardous material, it is not subject to the HMR and the method of package consolidation\nis left to the shipper's discretion.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nRivera, Jordan CTR (PHMSA)\nTuesday, September 13, 2016 5:22 PM\nHazmat Interps\nFW: Entegris AMC Interpretation request\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Gaudreau spoke with Eamonn. Please let me know if this email is a\nduplicate.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: John Gaudreau [ mailto:John.Gaudreau@entegris.com ]\nSent: Friday, September 09, 2016 2:25 PM\nTo: PHMSA HM InfoCenter\nCc: Michael Ryan; Michael Balko\nSubject: Entegris AMC Interpretation request\nDear Director of Hazardous Materials Standards,\nI am hoping that you can assist in determining the proper hazard classification of a product. Our situation concerns Class\n4.2 testing of our material.\nThe product being developed is a pleated air filter that contains filter media we manufacture. This media comprises of\nchemically treated carbon granule material suspended in non-woven polymer fiber. Our filter media was tested for\nclassification as a self-heating material in accordance with §173.125(c)(2} of the Hazardous Materials Regulations (HMR}\nand Test N.4 of the UN Manual of Tests and Criteria (Section 33.3.1.6}. The result was that the material is exempted if\ntransported in packages of not more than 450 liter volume (see Figure 33.3.1.3.3.1 and 33.3.1.6.4.2(c) in the UN Manual\nof Tests and Criteria). The chemically treated carbon granule material supplied to Entegris, on the other hand, was\nassigned to packaging group 11, UN3088, on the basis of these tests and criteria.\nBased on the result achieved on the Entegris filter media, we believe it is appropriate to consider this material, which\nrepresents the form of the material as offered for transport, as not subject to the requirements of the HMR for a\nDivision 4.2 material notwithstanding the classification of the coated carbon granule itself because the granular material\nis, in effect, diluted by the non-hazardous polymer fiber in which it is imbedded within the filter media. We ask that you\nconfirm our understanding in this regard.\nFurther, we understand that nothing in the HMR prohibits the over-packing of such exempted packages, and request\nyour confirmation of this understanding.\nSincerely,\nJohn Gaudreau\n1\n\n<<<PAGE 4>>>\n\nMgr, Product Design\nGMC Franklin Eng - Product Development\nT +1508 553 8339 M +1 508 446 4311 F +1508 553 3901\n~ Entegris\nentegris.com\n50 YEARS OF PURE ADVA!4TAGE\n10 Forge Park\nFranklin, Massachusetts 02038\nUSA\nGermany VAT Id-No.: DE145770542\nUI< VAT Id-No. GB923092440\nFrance VAT Id-No.: FR08538195801\nItaly VAT lei-No.: IT00145419990\nIreland VAT Id-No.: IE9809424S\nGeschaftsfUhrer: Dr·esclen HRB 25003\nBertrand Loy\nGregory Graves\nPeter Walcott\n2","truncated":false,"body_characters":5036}