# Pilot Chemical Company — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 22-0083
- **title:** Pilot Chemical Company — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2022-11-04
- **effective on:** Not available
- **summary:** 22-0083 response to Pilot Chemical Company concerning 172.203, 173.225.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76926/220083.pdf
**body:**

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1200 New Jersey Avenue, SE
Washington, DC 20590
U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
November 4, 2022
Ms. Megan O’Connor
EHS Contractor
Pilot Chemical Company
9075 Centre Pointe Dr., Suite 400
West Chester, OH 45069
Reference No. 22-0083
Dear Ms. O’Connor:
This letter is in response to your August 12, 2022, email requesting clarification of the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping
description for organic peroxide formulations. Specifically, for a hazardous material classified
and described as “UN3109, Organic peroxide type F, liquid, 5.2” you ask whether a
concentration is required to be included in association with the technical name for “Peroxyacetic
acid, type F, stabilized” as listed in the § 173.225(c) organic peroxide table. You state your
belief that the addition of a concentration (i.e., ≤ 43%) for this organic peroxide formulation
would be redundant because any shipment using that technical name as part of the hazardous
materials description would by definition contain no more than 43% peroxyacetic acid.
The answer is no. The organic peroxide concentration is only required to be included with the
technical name for organic peroxides which may qualify for more than one generic listing. For
such instances, the technical name must include the actual concentration being shipped or the
concentration range for the appropriate generic listing. For example, “UN3102, Organic
peroxide type B, solid, 5.2, (dibenzoyl peroxide, 52-100%)” or “UN3108, Organic peroxide
type E, solid, 5.2, (dibenzoyl peroxide, paste, <52%)”. See § 172.203(k).

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Finally, please note that, while you are not required to indicate that the concentration of
peroxyacetic acid is not more than 43%, including the concentration in association with
the technical name would not be prohibited.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

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Casey
From: INFOCNTR (PHMSA)
To: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps
FW: Formal Letter of Interpretation Request - Organic Peroxide Concentrations
Monday, August 15, 2022 4:32:03 PM
Attachments: image001.png
22-0083
Hello Alice,
Please see the request for an LOI below. Thank you.
Rachel (HMIC)
From: Megan E. O’Connor <meoconnor@pilotchemical.com>
Sent: Friday, August 12, 2022 12:35 PM
To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>
Cc: Megan R. Landers <mrlanders@pilotchemical.com>
Subject: Formal Letter of Interpretation Request - Organic Peroxide Concentrations
CAUTION: This email originated from outside of the Department of Transportation (DOT). Do
not click on links or open attachments unless you recognize the sender and know the content
is safe.
Mr. Shane Kelley
Director, Standards and Rulemaking Division
U.S. DOT/PHMSA (PHH-10)
1200 New Jersey Avenue, SE East Building, 2nd Floor
Washington, DC 20590
Dear Mr. Kelley,
We are requesting a formal letter of interpretation to determine if concentration ranges of the
organic peroxide component are required in the technical name for Class 5.2 organic peroxides
whose technical name only appears once on the Organic Peroxide table from 49 CFR 173.225(c).
Specifically we are inquiring about the requirements of “UN 3109, Organic peroxide type F, liquid,
5.2, (Peroxyacetic acid, type F, stabilized).” Does the concentration range of peroxyacetic acid need
to be included in the technical name?
49 CFR 172.203(k) states:
“For organic peroxides which may qualify for more than one generic listing depending on
concentration, the technical name must include the actual concentration being shipped or
the concentration range for the appropriate generic listing. For example, “UN 3102, Organic
peroxide type B, solid, 5.2, (dibenzoyl peroxide, 52-100%)” or “UN 3108, Organic peroxide
type E, solid, 5.2, (dibenzoyl peroxide, paste, <52%)”
It gives the example of “Dibenzoyl Peroxide” which has 11 separate entries on the organic peroxide
table, some of which have the same UN number. The only way to distinguish between some of these
entries would be to give the concentration range. Our understanding is the concentration of the

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organic peroxide is required only to distinguish between two otherwise identical technical names.
Therefore the shipping name, “UN 3109, Organic peroxide type F, liquid, 5.2, (Peroxyacetic acid, type
F, stabilized, <43%)” would be redundant because any shipment using that technical name would by
definition contain peroxyacetic acid ≤43%. We believe the correct shipping name would be, “UN
3109, Organic peroxide type F, liquid, 5.2, (Peroxyacetic acid, type F, stabilized),” and the
concentration is not required in this case.
Please let us know if we are correct in our understanding. Thank you very much for your help.
Sincerely,
Name: Megan O’Connor
Organization: Pilot Chemical Company
Phone: 513-996-7927
Address: 9075 Centre Pointe Dr., Suite 400, West Chester, OH 45069
Email: meoconnor@pilotchemical.com
Megan E. O’Connor
EHS CONTRACTOR
Office: 1-513-996-7927
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