{"operation":"document","citation":"17-0078","title":"UL Supply Chain & Sustainability — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-05-13","effective_on":null,"summary":"17-0078 response to UL Supply Chain & Sustainability concerning 171.8, 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71426/170078.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAY 1 3 2019\nMr. Kevin Skerrett\nUL Supply Chain & Sustainability\nSenior Regulatory Specialist\n23 British American Boulevard\nLatham, NY 12110\nReference No. 17-0078\nDear Mr. Skerrett:\nThis letter is in response to your August 2, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of marine\npollutants identified as solutions. We apologize for the delay in responding and any\ninconvenience this may have caused.\nWe have paraphrased and answered your questions as follows:\nQ 1. You note that \"hypochlorite solutions\" was added to Appendix B of the § 172.101\nHazardous Materials Table (HMT) in the HM-215N final rule, published March 30, 2017\n[82 FR 15796]. You further note that the definition of\"marine pollutant\" in§ 171.8\ncontains criteria to use if there is a solution or mixture of one or niore listed marine\npollutants. Therefore, you ask if the 10% by weight marine pollutant and 1 % by weight\nsevere marine pollutant criteria for mixtures and solutions applies to \"hypochlorite\nsolutions\" since the name is listed as a solution.\nA 1. The answer is no. The 10% by weight marine pollutant and 1 % by weight severe marine\npollutant criteria for mixtures and solutions in the definition of \"marine pollutant\" in\n§ 171.8 do not apply to \"hypochlorite solutions.\" The addition of \"hypochlorite\nsolutions\" to Appendix B in HM-215N harmonized the HMR with the addition of \"P\" to\nthe International Maritime Dangerous Goods (IMDG) Code for UNI 791, which covers\nall concentrations of \"hypochlorite solutions\" that meet the classification criteria for\nClass 8. The International Maritime Organization classified these solutions as marine\npollutants based on the recommendation of the Joint Group of Experts on the Scientific\nAspects of Marine Environmental Protection (GESAMP) after evaluating the available\naquatic toxicity data. For reference, please see the GESAMP Hazard Evaluation of\nSubstances Transported by Ships (BLG .1/Circ.35).\nQ2. You ask if Answer Al should be considered a general rule for addressing other solution\nentries in Appendix B of the § 172.101 HMT ( e.g., \"Copper chloride solution,\" \"Cyanide\nsolutions,\" and \"Zinc chloride solution\") and the applicability of marine pollutant\nrequirements.\n\n<<<PAGE 2>>>\n\nA2. The answer is yes.\nQ3. You note that Answers Al and A2 apply only to domestic U.S. shipments and that\ninternational shipment is controlled by the provisions in 2.10 of the IMDG Code. You\nask if any material identified as \"UNI 791, Hypochlorite solution\" must be considered a\nmarine pollutant under the IMDG Code.\nA3. The answer is yes. A \"P\" is shown in column 4 of the IMDG Code Dangerous Goods list\nfor the entries for \"UNI 791, Hypochlorite solution.\" This indicates that solutions\nmeeting the classification criteria of this UN identification number are known marine\npollutants.\nQ4. In the event data is available to show that a diluted solution classified as \"UNI 791,\nHypochlorite solution\" no longer meets the marine pollutant criteria in 2.9.3 of the IMDG\nCode, you ask if a Competent Authority Approval Document from PHMSA is required to\nremove the marine pollutant designation for international shipment, or if a shipper could\nmake this determination without such an approval.\nA4. If a material is identified as a marine pollutant in the IMDG Code, but does not meet the\ncriteria for a marine pollutant in sections 2.9.3.3 and 2.9.3.4, it may be excepted from the\napplicable marine pollutant requirements if approved by the Associate Administrator (see\n2.10.2.6 of the IMDG Code).\nI hope this information is helpful. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely,\nA-c-· .·\nShane C. Kelley\nDirector\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nThursday, August 03, 2017 3:15 PM\nHazmat Interps\nFW: Request for formal interpretation to PHMSA - classification of hypochlorite\nsolutions as Marine Pollutants\nHi Alice,\nquestions.\nThanks,\nJodi\nPlease submit this as a letter of interpretation. Mr. Skerrett spoke with Brianna. Please let me know if you have any\nFrom: Skerrett, Kevin [mailto:Kevin.Skerrett@ul.com]\nSent: Wednesday, August 02, 2017 4:38 PM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Request for formal interpretation to PHMSA - classification of hypochlorite solutions as Marine Pollutants\nI contacted the HMIC about this issue on 5/22/2017, but apparently it is causing difficulty with shipments at ports, so I\nwould like to request a formal letter of interpretation per 49CFR 105.20.\nQUESTION 1:\nOn March 30, 2017, PHMSA adopted HM215N as a Final Rule.\nIn \"Appendix B to §172.101- List of Marine Pollutants\", an entry was added for \"Hypochlorite solutions\".\nAs noted in the preamble to the Rule, this was to harmonize with Amendment 38- 16 of the IMDG Code, specifically the\naddition of \"P\" to column 4 for \"UN1791, HYPOCHLORITE SOLUTIONS, 8\", for both Packing Group II and Ill.\nApparently because the listing in Appendix Bis not \"hypochlorite\" but rather \"hypochlorite solutions\", the following\ninterpretations are occurring:\n(1) Anything classified as UN1791 must always be classified as a Marine Pollutant.\n(2) Anything describable as a \"hypochlorite solution\", regardless of concentration, must always be classified as a\nMarine Pollutant\nThe definition of Marine Pollutants at 49CFR 171.8, includes a calculation to determine whether a mixture or solution\ncontaining a Marine Pollutant must be classified as a Marine Pollutants:\n\"Marine pollutant, means a material which is listed in appendix B to §172.101 of this subchapter (also see §171.4) and,\nwhen in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds:\n(1) Ten percent by weight of the solution or mixture for materials listed in the appendix; or\n(2) One percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the\nappendix.\"\nCould you please confirm that even though the Appendix B listing is as \"Hypochlorite solutions\", the 10% MP/ 1% SMP\ntreatment of mixtures still applies, and is based on the component concentration?\nThe question is whether the weight% of the component still drives the classification as a Marine Pollutant, or whether\nlisting as a \"solution\" was intended to override this calculation.\nQUESTION 2:\nThe same problem could apply to other (preexisting) listings on Appendix B such as (but not limited to):\n1\n\n<<<PAGE 4>>>\n\nSodium hypochlorite solutions\nCopper chloride solution\nCyanide solutions\nZinc chloride solution\nCould you indicate whether the guidance above is a general rule covering all such listings?\nQUESTION 3:\nIt is understood that the questions above apply only to domestic US shipment by vessel, and that international shipment\nis controlled by the provisions in Section 2.10 of the IMDG code.\nAs Competent Authority for the US, could you clarify the following?\nSince UN1791 now carries \"P\" in column 4 of the IMDG Dangerous Goods List:\n(1) Does Section 2.10.2.4 of the IMDG code require that ANY material identified as UN1791 Hypochlorite Solution\nbe considered a Marine Pollutant under IMDG?\n(2) If data is available to show that a dilute solution classified as UN1791 no longer meets the Marine Pollutant\ncriteria in Section 2.9.3 of the IMDG code, is a Competent Authority Approval from PHMSA required to drop the\nMarine Pollutant designation for international shipment (per Section 2.10.2.6 of the IMDG code), or can the\nshipper make this determination without such official approval?\nThank you for your consideration of this matter. Since this is currently causing delays in shipment, it would be\nappreciated if this request could be expedited in any way.\nKevin Skerrett, DGSA\nSenior Regulatory Specialist, Chemicals & Formulated Products\nUL Supply Chain & Sustainability\n-------------------------------------------------------------------------------------\nUL\n23 British American Blvd.\nLatham, NY 12110, USA\nT:+15186409287\nW: www.ul.com\nhttp://ul-scs.com\nGet regulatory updates from UL Wercs in real-time:\nCheck out our Industry News or subscribe to our RSS feed!\nFor Google Chrome users, add this free Chrome RSS extension.\nNeed help with extension? Get step-by-step instructions here.\nThis e-mail may contain privileged or confidential information. If you are not the intended recipient: (1) you may not\ndisclose, use, distribute, copy or rely upon this message or attachment(s); and (2) please notify the sender by reply e-\nmail, and then delete this message and its attachment(s). 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