The Chemours Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 AUG O 3 2018 Mr. Randolph Martin Sr. Consultant, Hazardous Materials Distribution The Chemours Company 1007 Market Street, Rm 3088 Wilmington, DE 19899 Reference No. 18-0031 Dear Mr. Martin: This letter is in response to your February 2 7, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a Division 2.2 non-flammable, non-toxic gas. You provide a scenario in which a gas exerts a gauge pressure ofless than 200 kPa but is completely liquid at -50 °C, has a critical temperature of 138 °C, and exerts a gauge pressure of 163.3 kPa. Specifically, you ask whether the gas as described meets the definition of a Division 2.2 gas under the HMR. The answer is yes. As prescribed in§ 173.115(b), for the purposes of the HMR, a non-flammable, nonpoisonous compressed gas (Division 2.2) means any material (or mixture) which-(1) Exerts in the packaging a gauge pressure of200 kPa (29.0 psig/43.8 psia) or greater at 20 °C (68 °F), is a liquefied gas or is a cryogenic liquid, and (2) Does not meet the definition of Division 2.1 or 2.3. Thus, regardless of pressure, a liquefied gas that complies with § 173. l 15(b )(2) meets the definition of a Division 2.2 non-flammable, non-toxic gas. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, --vrd~~~ --- . . T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2~~ tls.115 ,~ - 0031 January, lkeya CTR (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Thursday, March 01, 2018 10:41 AM Hazmat Interps FW: Formal Interpretation Interp 11-0088.pdf; Interp 15-0234.pdf Hello all, Please see the below interp request. Regards, -Breanna From: Martin, Randy [mailto:RANDOLPH.MARTIN@chemours.com] Sent: Tuesday, February 27, 2018 3:53 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Formal Interpretation This is to request a formal interpretation of the hazardous materials regulations, under 49 CFR 173.115. We spoke with a member of your staff on Feb 26 concerning the transport of Div 2.2 materials. We are trying to determine if a material that exerts in the packaging a gauge pressure of less than 200 kPA at 20C would be correctly classified as non-hazardous for transportation. There are 2 previous interpretations (both attached) which seem to give conflicting answers. #11-0088, dated June 7, 2011, indicates that a material must meet only one of the three provisions in 173.llS(b)(l) to be considered a Division 2.2 material. But #15-0234, dated May 5, 2016, seems to indicate that a cylinder containing a Division 2.2 gas only needs to exerts a gauge pressure of less than 200 kPa at 20C to no longer meet the definition of a Division 2.2 gas. The material in question is entirely gaseous at -SOC with a critical temperature of 138C, is completely liquid at -SOC, and exerts a gauge pressure of 163.3 kPa at 20C. Thanks for your prompt attention to this request, and let me know if you have any questions. Randolph Martin Sr. Consultant, Hazardous Materials Distribution 302-773-2266 office 302-383-4174 mobile The Chemours Company 1007 Market Street, Rm 3088 Wilmington, DE 19899 1#

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