{"operation":"document","citation":"18-0022","title":"Ercros — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-11-15","effective_on":null,"summary":"18-0022 response to Ercros concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0022","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70036/180022.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 1 5 2018\nDavid Nicolau Tous\nInternational Sales Manager\nErcros\nAvda. Diagonal 595 4a\nBarcelona 08014\nSpain\nReference No. 18-0022\nDear Mr. Nicolau Tous:\nThis letter is in response to your February 21, 2018, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to classification. Specifically, you ask if your paraformaldehyde mixture would be\nconsidered a Class 4.1 flammable solid material for transport under the HMR.\nSection 173.22 states that it is the shipper's responsibility to class and describe a hazardous\nmaterial in accordance with Parts 172 and 173 of the HMR. This Office does not normally\nperform that function. In your initial letter, you provided us with several tests for different\nconcentrations of your material. The tests were done in accordance with the Transport of\nDangerous Goods, Manual of Tests and Criteria - Section 33 paragraph 33.2.1.4 and showed that\nthe mixtures did not meet the definition of a Class 4.1 flammable solid. However, if the material\nor any component of the material meets the definition and criteria of another hazard class, it is\nthe shipper's responsibility to class and describe the hazardous materials.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nHenn Taster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n73*13\nINTERPRETATION LETTERS\nRequester\nDavid Nicolau Tous\nDate Received:\n2/21/2018\nCompany\nParaformaldehyde\nTracking\n18-0022\nPhone\n+34 93 439 30 09\nRevision Date:\n2/21/2018\nDate Assigned\n2/21/2018\nDate of Letter\n2/21/2018\nStaff\nWolcott\nFirst Draft Due:\n3/14/2018\nSection\n172.101\nFirst Draft Date\nSubject\nDefinitions\nConcurrence\nStatus\nPHH-10-Specialist\nStatus Date\n2/21/2018\nSign Date\nSignor\nComment\nHBP\nCopy to Docket [\nCopy to DHM-60\n:\n\n<<<PAGE 3>>>\n\nWalcott\n5172.101\nDefinitions\nDodd, Alice (PHMSA)\n18-0022\nFrom:\nINFOCNTR (PHMSA)\nSent:\nWednesday, February 21, 2018 3:06 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for interpretation\nHello all,\nPlease see the below LOI request.\nJust a heads up:\nRequestor has spoken to Diane and Eugenio here in the INFOCNTR. The requestor told them that his mixture does not\nmeet the definition of a 4.1 material, however, he is intent on keeping it classified as UN2213. Diane and Eugenio tried\nexplaining to the requestor that he must properly classify his mixture and assign it a UNID, since it may no longer meet\nthe definition of a 4.1, but it may meet the definition of another hazard class.\nWe think he is looking for something in writing to fully explain everything to him.\nRegards,\n-Breanna\nFrom: Nicolau Tous, David [mailto:dnicolau@ercros.es]\nSent: Wednesday, February 21, 2018 9:45 AM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for interpretation\nDear Sirs:\nWe are the Spanish company ERCROS, S.A. We export chemical products all around the world.\nWe address this letter to you because we export the product Paraformaldehyde to the US.\nBefore we started exporting Paraformaldehyde to the US we examined the country's applicable rules and regulations. We\nnoticed that the rule concerning road transportation in the US - 49 CFR §172.101 - classifies Paraformaldehyde (UN 2213)\nas flammable (4.1), like the ADR and the IMDG Code rules do in Europe.\nHowever, as indicated in its SDS (Safety Data Sheet), our product is not pure Paraformaldehyde, but a mixture. By virtue\nof the results of the hazardousness evaluation tests (Manual of Tests and Criteria Test N.1, The United Nations Document\n- Recommendations of the Transport of Dangerous Goods) that we conducted in accredited laboratories, we\ndemonstrated to the European competent authorities in Transportation that our product is not flammable.\nAs a result of that, we got the permission from those authorities to apply Special Provisions for both road (ADR - European\nAgreement concerning the International Carriage of Dangerous Goods by Road) and maritime transportation (IMDG Code)\nwhereby we were allowed to classify our product as non-flammable.\n\n<<<PAGE 4>>>\n\nOn Wednesday 14'h of February we got in contact with the HAZMET INFO CENTER on +1 800 4674 922 to get information\nregarding either the possibility to obtain a Special Provision for our product or the procedure to follow to modify our\nproduct's classification from 4.1 to non-flammable for road transportation.\nThe specialist at the HAZMET INFO CENTER made some questions to us. The critical point was the fact that the\nparaformaldehyde that we produce, as we indicate in its SDS, is a mixture. It is not pure paraformaldehyde.\nAs a result of that, the classification determined by the 49 CFR §172.101 doesn't apply to our product, as it applies to a\npure substance. Our product is a mixture, therefore its classification when it comes to transportation hazardousness is the\nresponsibility of the manufacturer (us in this case) and has to be based on the information that we have about the product.\nWe address this letter to you because we would like to have your written confirmation of the above interpretation so that\nwe can show our US customers that we are acting in compliance with the US rules and regulations.\nWe remain at your disposal to respond to any question or request that you may have.\nWe look forward to your reply.\nPS: please note that our contact email regarding this subject is dnicolau@ercros.es.\nSincerely,\nInternational Sales Manager\nDavid Nicolau Tous\nParaformaldehyde\nINTERMEDIATE CHEMICALS DIVISION\nERCROS\nAVDA. DIAGONAL, 595 4ª/ 08014 BARCELONA\nFAX. +34 93 232 14 60 / + 34 93 215 75 10\nTEL. +34 93 439 30 09\nMOB.: +34 626 37 48 01\nWeb: http://www.ercros.es/\nE-Mail: dnicolau@ercros.es\n2","truncated":false,"body_characters":5921}