{"operation":"document","citation":"19-0038","title":"The Chemours Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-09-03","effective_on":null,"summary":"19-0038 response to The Chemours Company concerning 173.115, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72261/190038.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSEP O 3 2019\nRandolph Martin\nSr. Consultant, Hazardous Materials Distribution\nThe Chemours Company\n1007 Market Street\nRoom 518-3\nWilmington, DE 19899\nReference No. 19-0038\nDear Mr. Martin:\nThis letter is in response to your March 28, 2019, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of Division 2.2\n(non-flammable gas) and what constitutes an empty packaging of a Division 2.2 material.\nSpecifically, you state your company has several products classified as Division 2.2 which are\noccasionally in packagings that are unloaded from a transport vehicle and have a gauge pressure\nreading less than 200 kPa (29.0 psig) at 20 °C (68 °F).\nWe have paraphrased and answered your questions as follows:\nQI. You ask whether your understanding of the definition of Pivision 2.2 is correct in that\nthere appears to be three criteria, which must all be met, to qualify as Division 2.2. You\nstate the criteria are:\n(1) The gas exerts in the package a gauge pressure of 200 kPa (29 psig/43.8 psia) at\n20 °C ( 68 °F).\n(2) The material is a liquified gas or a cryogenic liquid.\n(3) The material does not meet the definition of Division 2.1 (flammable gas) or 2.3 (gas\npoisonous by inhalation).\nAl. The answer is no, your understanding is not correct. In accordance with§ 173.1 lS(b)(l)\nand (2), a gas is classified as Division 2.2 if it exerts in the packaging a gauge pressure of\n200 kPa (29.0 psig) or greater at 20 °C (68 °F) and it does not meet the definition of\nDivision 2.1 or 2.3; or the material is a liquified gas or cryogenic liquid, and it does not\nmeet the definition of Division 2.1 or 2.3. The first two criteria in your list are not\nrequired to be met together, but in either of those two instances, the material must not\nmeet the definition of Division 2.1 or 2.3.\n\n<<<PAGE 2>>>\n\nQ2. A2. You ask whether§ 173.29(b)(2)(iv)(B) states that the residue of a Division 2.2 non-\nflammable gas at a gauge pressure ofless than 200 kPa (29 psig/43.9 psia) at 20 °C\n(68 °F) is not subject to any other requirements and is not a hazardous material.\nYour understanding is correct. The packaging in your scenario would be considered\nempty in accordance with§ 173.29(b)(2)(iv)(B), and would not be subject to any other\nrequirements of the HMR.\nI hope this information is helpful. Please contact us ifwe can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n~ 7\n\\\nr , L .. } ·)_l_) ,1\n~ /73115(/J\n19-0o;?i)\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, March 29, 2019 11:05 AM\nHazmat Interps\nFW: Request for interpretation\nAlice and lkeya,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Martin, Randy [mailto:RANDOLPH.MARTIN@chemours.com]\nSent: Thursday, March 28, 2019 2:28 PM\nTo: INFOCNTR {PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for interpretation\nThis is a request for a formal interpretation of the hazmat regulations, specifically the definition of a Div. 2.2 non-\nflammable, nonpoisonous compressed gas.\nWe have several products properly classified as a Div 2.2 gas. Per 49 CFR 173.llS(b) there appears to be 3 criteria that\nqualify a material to be a Div 2.2 gas:\n• Exerts in the packaging a gauge pressure of 200 kPa (29 psig) or greater at 20 C\n• Is a liquefied gas or a cryogenic liquid, and\n• Does not meet the definition of Division 2.1 or 2.3\nMy question has to do with the correct classification of a Division 2.2 material when the packaging has been unloaded\nand the gauge pressure is now less than 200 kPa at 20 C.\nThere have been at least 5 interpretations issued on this subject going back to 2011, and in conversation with members\nof your staff on March 1 and March 15 of this year they suggested I ask for one more.\nThis is because it appears that the interpretations give conflicting answers, as I have outlined below.\nInterpretation response 11-0088, issued 6/7/2011, indicates to be a Div 2.2 gas a material must meet only 1 of the 3\nprovisions in 173.115{b)(1).\nInterpretation response 15-0157, issued 10/29/2015, indicates that the residue of a Div 2.2 gas exerting a gauge\npressure of less than 200 kPa {29 psig) at 20 C is not subject to the hazardous material regulations, per\n173.29{b)(2)(iv)(B).\nInterpretation response 15-0234, issued 5/5/16, indicates that the contents of a non-pressurized cylinder (a cylinder that\nexerts a gauge pressure of less than 200 kPa at 20 C) that previously contained a Division 2.2 gas, no longer meets the\ndefinition of a Division 2.2 gas and is not subject to the requirements of the hazmat regulations, per 173.115{b).\n1\n\n<<<PAGE 4>>>\n\nInterpretation response 18-0031, issued 8/3/2018, indicates that any liquefied gas that complies with 173.115(b)(2) (is\nnot a Div 2.1 or 2.3) is a Div 2.2 gas.\nInterpretation response 18-0054, issued 11/15/2018, seems to indicates that a material exerting a gauge pressure in a\ncylinder of less than 29 psig is not a Div 2.2 gas.\nAnd finally, 173.29(b)(2)(iv)(B) which (we believe) clearly states that the residue of a Division 2.2 non-flammable gas at a\ngauge pressure of less than 200 kPa (29 psig) at 20 C is not subject to any other requirements (is not a hazmat).\nPlease advise as to the correct interpretation, and call me on 302-773-226 I you have any questions.\nRandolph Martin\nSr. Consultant, Hazardous Materials Distribution\n302-773-2266 office\n302-383-4174 mobile\nThe Chemours Company\n1007 Market Street, Rm 518-3\nWilmington, DE 19899\nChemours·~\nLinkedln I Twitter I Chemours.com\nThis communication is for use by the intended recipient and contains information that may be privileged, confidential or\ncopyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use,\ncopying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail\nand delete this e-mail from your system. Unless explicitly and conspicuously designated as \"E-Contract Intended\", this e-\nmail does not constitute a contract offer, a contract amendment, or an acceptance of.a contract offer. This e-mail does\nnot constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data\nto third parties.\nFranca is Italiano Deutsch Portuges Espanol Japanese Chinese Korean\nhttps://www.chemours.com/Chemours Home/en US/email disclaimer.html\n2","truncated":false,"body_characters":6659}