{"operation":"document","citation":"20-0030","title":"ORBITAL ATK — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-03-29","effective_on":null,"summary":"20-0030 response to ORBITAL ATK concerning 173.22, 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0030","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74841/200030.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 29, 2021\nMr. Robert Weston\nORBITAL ATK\nPO Box 98\nMagna, UT 84044\nReference No. 20-0030\nDear Mr. Weston:\nThis letter is in response to your April 8, 2020, and May 4, 2020, emails requesting clarification\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to waste water\ncollected from washing down feed chutes that supplied fuel to test rocket motors. You state that\nthe waste water contains 75–95 percent “UN1442, Ammonium perchlorate, 5.1 (oxidizer),\nPacking Group (PG) II”; 5–25 percent water; and 0–1 percent trace amounts of “UN0226,\nCyclotetramethylenetetranitramine, wetted, 1.1D (explosive),” also known as “HMX (high\nmelting explosive), wetted.”\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether you may transport these drums using the associated safety data sheet\n(SDS) and description for the “UN1442, Ammonium perchlorate.”\nA1. In accordance with § 173.22 of the HMR, it is the shipper’s responsibility to properly\nclassify a hazardous material and assign it a proper shipping name from the Hazardous\nMaterials Table (HMT; § 172.101). This Office does not generally perform that function.\nHowever, while the previous material may have met the description for “UN1442,\nAmmonium perchlorate,” the characteristics of the waste water mixture may differ\nsignificantly from the ammonium perchlorate ingredient. In addition, all compositions\ncontaining any amount of explosive material, including compositions of diluted\n(desensitized) explosives or explosives combined or contaminated with other materials,\nmeet the definition of a new explosive and must be classified and approved by PHMSA.\nTherefore, given the trace amounts of HMX present in the waste water, it must be\nexamined in accordance with § 173.56.\n\n<<>>\n\nQ2. You ask whether you may use “generator knowledge” in this scenario along with the SDS\nto classify the waste water for disposal.\nA2. The answer is no. Please see Answer 1. The characteristics of the waste water mixture\nmay differ significantly from those of the ammonium perchlorate that are reflected on the\nSDS. Additionally, the waste water also contains a secondary explosive; therefore, the\nshipper must classify the material in accordance with the HMR (see § 173.56(a)(2)).\nQ3. You ask whether the material meets the definition of a “new explosive” as defined in\n§ 173.56, or whether you may ship these drums of waste water that contain trace amounts\nof “UN0226, Cyclotetramethylenetetranitramine, wetted, 1.1D (explosive)” using the\noriginal SDS for ammonium perchlorate.\nA3. The material meets the definition of a “new explosive,\n” so you may not use the original\nSDS as the basis for determining classification. A “new explosive” means an explosive\nproduced by a person who: (1) Has not previously produced that explosive; or (2) Has\npreviously produced that explosive but has made a change in the formulation, design or\nprocess so as to alter any of the properties of the explosive. The term “formulation” as\nused in the definition of a “new explosive” applies to the entire mixture and not just the\nexplosive components. See § 173.56(a). Compared to the original ammonium\nperchlorate, the waste mixture has been altered during the process you described and\ncontains a secondary explosive ingredient (HMX); therefore, the new mixture must be\nclassified and approved in accordance with the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Friday, April 10, 2020 2:46:26 PM\nAttachments: Weston_LOI.docx\nHello Alice and Ikeya,\nI hope all is well. Please see below for letter of interpretation request.\nThank you,\nKathryn (HMIC)\nFrom: Weston, Robert [US] (IS) \nSent: Wednesday, April 08, 2020 3:23 PM\nTo: INFOCNTR (PHMSA) \nCc: Cain, Phillip J [US] (IS) \nSubject: Letter of Interpretation Request\nHello,\nI am requesting a formal letter of interpretation for the following question with regards to shipping\nwet Ammonium Perchlorate that has trace amounts of HMX. The company I work for makes rocket\nmotors and after we cast a rocket motor there is a cleaning process to remove excess ingredients to\nprep for a new motor. This includes a wash down of each dry ingredient feed chute to collect wet\ningredients for recycle or disposal. The Ammonium Perchlorate chute is washed down into 55 gal\ndrums and tested to make sure each drum can be recycled. A sample was pulled and sent to our\ncompany lab, which can test for explosive amounts below 1 ppb. The lab results came back showing\nthat there is less than 1 ppm of HMX, about 50 micro grams (0.5 ppm) which would not change or\naffect the Ammonium Perchlorate and is considered non detect. I have been directed to send this\ndrum for disposal and I want to know, can I ship this drum using the associated SDS for the\nAmmonium Perchlorate?\nI just want to make sure that I am doing the right thing in this situation, so I called the DOT hotline\nand spoke with Sarah. She informed me that I can use generator knowledge in this case along with\nthe SDS for disposal. Therefore, I would follow 40 CFR 261.20 through 261.33 for the classification\nof the waste in question and under 70 FR 34549 “generators and other persons can use other\nappropriate methods or process knowledge in determining whether a particular waste is hazardous\ndue to its reactivity.”\nFollowing DOT hotlines guidance, this case does not meet the definition of 49 CFR 173.56 “new\nexplosive” and I can ship for disposal this drum of Ammonium Perchlorate according to the SDS. In\norder for me to proceed with the disposal of this drum according to the SDS, my company has\nrequested that I get this in writing to confirm that I will not be in violation of DOT. Sarah said if there\nwere any questions about this issues that I should have them call her. For this purpose I am\nrequesting a formal letter of interpretation for clarification in writing. Northrop Grumman’s goals\n\n<<>>\n\nare to follow the government regulations to protect human health and the environment.\nThank you\nRobert Weston | Environmental Services\nNorthrop Grumman Corporation | Space Systems\nO: 801-251-2303 | C: 801-657-1462 | robert.weston@ngc.com\nMailing address:\nAttn: Robert Weston\nORBITAL ATK\nPO Box 98\nMagna, UT 84044","truncated":false,"body_characters":6698}