{"operation":"document","citation":"99-0176","title":"Kagan Aerospace Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-11-22","effective_on":null,"summary":"99-0176 response to Kagan Aerospace Corporation concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0176.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0176.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0176","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990176.pdf","body":"<<<PAGE 1>>>\n\nUS. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C.\n20590\nResearch and\nAdministration\nSpecial Programs\nNOV 2 2 1999\nMr. Gregory Maynard\nRef. No. 99-0176\nAdministrator, Environmental Affairs\nKaman Aerospace Corporation\nPost Office Box 2\nBloomfield, CT 06002\nDear Mr. Maynard:\nThis is in response to your letter dated June 29, 1999, concerning the requirements for determining the\nhazard class of your product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you ask for assistance in determining whether or not spent Alodine solution is\nforbidden from transportation under §§ 173.21 or 173.24, or carries a subsidiary hazard, and whether\na motor carrier may carry the material to a hazardous waste treatment facility.\nSections 173.21(e) and 173.24(e)(4) do not apply to the mixture of hazardous materials in the\nmanufacturing process, they apply to separate materials packaged or stored together in transportation.\nSection 177.848(c) applies to segregating packages of hazardous materials from other packages of\nhazardous materials. According to your letter, you are shipping a hazardous material in an authorized\npackaging, and are not packaging it or mixing it with other materials.\nRegarding the subsidiary hazard for your material, it is the shipper's responsibility to class a material\nand determine whether a subsidiary hazard exists under the HMR. In your letter, you state that your\nmaterial off-gasses a trace amount (0.36 mg/m' (0.33 ppm)) of hydrogen cyanide vapor. Based upon\nthis information, this Office agrees that your material is properly classed and does not meet the\ndefinition for a Division 6.1 subsidiary hazard. Therefore, your product may be transported as \"Waste\nCorrosive Liquid, Inorganic, N.O.S. (Chromic Acid, Nitric Acid), 8, UN3264, PG IT\" by an\nappropriately licensed motor carrier to a waste treatment facility.\nI trust this answers your question. If you have further questions, please do not hesitate to contact this\nOffice.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173,22\n990176\n\n<<<PAGE 2>>>\n\n-\n'Kaman Aerospace Corporation\nP.O. Box 2\nnelsory\n203) 242-446\nBloomfield, CT 0600%\nTELEX: 9-9326\n$173.22\nKAMAN\n99-0176\nJune 29, 1999\nMr. Edward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nDepartment of Transportation\nResearch and Special Programs Administration\n400 7h Street, S. W., Room 8422\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nKaman Aerospace Corporation (\"Kaman\") is a manufacturer of aircraft and aircraft sub-\nassemblies, which may be considered generically as fabricated metal products. To prevent\ncorrosion on aircraft parts, the surface of metal components are immersed and treated in various\nacidic and/or alkaline baths. One such bath, commonly used in the industry, is called alodine.\nAlodine is purchased as a powder. It is mixed with water and a small amount of nitric acid to\nform an acidic solution that is 99% water, 0.75% alodine, and 0.1% nitric acid. It should be\nnoted that the pure alodine powder contains approximately 60% chromic acid and between 10%\nand 30% potassium ferricyanide. When this solution becomes spent, it is offered for shipment\noff-site.\nCiting prohibitions in 49 CFR 173.21(e), 173.24(e)(4), and 177.848(c), one of our motor carrier\ncontractors has questioned the shipment of spent alodine solutions. Specifically, the carrier\nstates that this acidic solution cannot be shipped over the road because it off-gases a trace\namount (0.36 mg/m\" (0.33 PPM)) of hydrogen cyanide vapor. The carrier has stated that in\naddition to being a Class 8 acidic material, this waste solution may also carry a subsidiary Class\n6 hazard.\nKaman's hazard classification process for this material confirms the Class 8 designation,\nhowever, we do not believe that it carries a Class 6 subsidiary hazard, and we do not believe that\ntransportation of the material is prohibited by 49 CFR 173.21(e), 173.24(e)(4), or 177.848(c).\nTo the best of our knowledge, there is no data on human toxicity with respect to alodine\nsolutions. According to 49 CFR 173.132(a)(1), a material is presumed to be a Class 6, Division\n6.1 material if, in the absence of adequate data on human toxicity, it falls within the categories of\noral, dermal or inhalation toxicity when tested on animals. Kaman believes that none of these\ncategories are applicable to the alodine solution. Specifically,\n- Oral Toxicity:\nThis is not applicable. Based on the MSDS data for the alodine and the\ncomposition of the solution mixture, we have estimated that the solution's LDso is greater\nthan 500 mg/kg.\n\n<<<PAGE 3>>>\n\n- Dermal Toxicity: This is also not applicable, as there is no indication in any product\nliterature that any of the ingredients in the solution mixture have a dermal toxicity\ncomponent.\n-\nInhalation Toxicity:\nVe believe that Part B is also not applicable because the 0.33 PPM concentration of\nPart A is not applicable because the solution is not a dust or a mist.\nlydrogen cyanide vapors being emitted from this solution is less than one-fifth of LCso fo\n500 mg/m? and death in humans can occur at concentrations of 100 mg/kg.\nacute toxicity for hydrogen cyanide. According to published literature, the LCso for rats is\nBased on all of the above, it is Kaman's belief that the provisions of 49 CFR 173.21(e),\n173.24(e)(4), and 177.848(c) are not applicable to this material, and the spent alodine solution\ndoes not carry the subsidiary hazard of a Class 6, Division 6.1 material. Accordingly, we have\nassigned the following proper shipping name and hazard class for this material:\n- \"RQ Waste Corrosive Liquid, Inorganic, N.O.S. (Chromic Acid, Nitric Acid), 8, UN3264,\nBased on the information provided, can you confirm the following:\n1. That the provisions of 49 CFR 173.21(e), 173.24(e)(4), and 177.848(c) are not applicable to\n2. That this material does not carry a subsidiary hazard, and\nthis material,\n3. Kaman's classification is correct and a licensed motor carrier can ship the material over the\nroad to a hazardous waste treatment facility.\nIf Kaman's classification appears to be incorrect, please provide assistance in correctly\nclassifying this waste material.\nShould you have any questions or need additional information, please contact the undersigned at\nthe letterhead address or call (860) 243-7268.\nSincerely,\nBegory, Mayard\nGregory C. Maynard\nAdministrator, Environmental Affairs","truncated":false,"body_characters":6484}