{"operation":"document","citation":"99-0259","title":"HB Fuller Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-12-09","effective_on":null,"summary":"99-0259 response to HB Fuller Company concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0259.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0259.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0259","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990259.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C\n400 Seventh Street, S.W.\n20590\nResearch and\nSpecial Programs\nAdministration\nDEC\n9 1999\nMr. Gene Secor\nRef. No. 99-0259\nHB Fuller Company\n25200 Malvina Ave.\nWarren, MI\n48089\nDear Mr. Secor:\nThis is in response to your letter dated August 25, 1999,\nregarding the definition of a hazardous substance under the\nexample given in your letter is a product that contains 11 pounds\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The\nof n-Butyl phthalate packaged in a 55-gallon drum at a 2.2%\nconcentration.\nUnder § 171.8, a hazardous substance\n(other than radionuclides)\nis defined\nthat: (1) Is listed in the appendix A to § 172.101 of the HMR;\nas a material, including its mixtures and solutions,\nreportable quantity (RO) listed in the appendix A to § 172.101 of\n(2) is in a quantity, in one package, which equals or exceeds its\nthe HMR; and (3) when in a mixture or solution, is in a\nconcentration by weight which equals or exceeds the concentration\ncorresponding to the RQ of the material, as shown in the table in\n$ 171.8.\nN-Butyl phthalate has an RQ of 10 pounds. To meet the definition\nof a hazardous substance, the quantity of n-Butyl phthalate in\neach package must equal or exceed 10\npounds, and the\nconcentration by weight must be equal to or greater than 0.02%\n(200 PPM). Therefore, based on your example, the n-Butyl\nphthalate\nmixture meets the definition of a hazardous substance\nunder § 171.8.\nIn addition, in your letter you state that you have heard\ntrainers state that the concentration exception under the\ndefinition of a hazardous\nsubstance under $ 171.8 only applies to\nbulk packages that weigh at least 50,000 pounds. This statement\nis true. For a material to exceed the RQ listed in Appendix A to\n8\n1\n990259\n\n<<<PAGE 2>>>\n\n$ 172.101 and be in a concentration by weight which does not\nequal\nmaterial in one package must be greater than 50,000 pounds.\nI hope this satisfies your request.\nSincerely,\nIransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n§1718\nAmericas\nEFTEC\nHazSub\nUS DEPARTMENT OF TRANSPORTATION\nAugust 25, 1999 99 oz59\nSTANDARDS DEVELOPMENT, DHM-11\nRSPA\n171.8\n400 SEVENTH ST., SW\nWASHINGTON, DC 20590-0001\nRe: RO's and the HAZARDOUS SUBSTANCE Definition in 171.8\nDiasce\nGentlemen:\nwants\nI know this particular item has been beaten to death but I feel some clarification on\nresponse\nhe subject will be worthwhile and is needed. Repeatedly, I have heard trainers i\nOT Hazmat make cavalier statements such as the concentration requirement\ncontained in the definition of a hazardous substance have minimal application and\napply primarily to Bulk packagings containing 45000 to 50000 pounds of hazardous\nmaterials.\nI completely disagree with this concept and agree with DOT's interpretation dated\nMay 1, 1992 on the same subject. My understanding of this requirement is that to\nhave an RQ'able product, it needs to have a component included in Appendix A to\n172.101, the quantity of that component must be in a single container in an amount\nequal to or greater than its RQ, AND the percentage concentration by weight of that\ncomponent must equal or exceed the concentration by weight given in the\nHazardous Substance definition in 171.8.\nBy way of example, a product is made that contains n-butyl Phthalate (RQ is 10\npounds) and is packaged into 55-gallon drums. By coincidence, the drums have a\nnet mass of 500 pounds and contain 11 pounds of n-butyl Phthalate. This is\nequivalent to 2.2% by weight nBP. It seems to me that, de facto, this product would\nbe a hazardous substance, Class 9, and be RQ'ed, thus each container and the\nshipping paper must be marked RQ for this particular material. There are a\nmultitude of industrial products in the market place that meet the hazardous\nsubstance definition and are packaged in either non-bulk packagings or smaller\nbulk packagings such as IBC's.\nThe disturbing thing to me is the presumption by some individuals that simply\ndividing the RQ by the concentration by weight percent given in the Hazardous\nsubstance definition gives the false illusion that RO's are for bulk containers only.\nWhen done in this fashion, one would assume that the minimum container size has a\nNet mass of product of 50,000 pounds, i.e., bulk, in every case. Obviously, non-bulk\ncontainers and IBC's can frequently be RQ'ed and the shipping community should\nbe aware of this. Trainers should be aware of this also.\nEFTEC North America, LL.C.\nTelephone 248.585.2200.\nNorth America\nEurope\n25200 Malvina\nTelefax\n8104171122\nLatin America\nAsia\nWarren, MI 48089\n\n<<<PAGE 4>>>\n\nIs my interpretation correct? If there are any questions feel free to call me at 1-248-\n526-4783.\nSincerely,\nGere Decor\nGene Secor\nEHS/Transportation Specialist\nHB FULLER COMPANY\n25200 MALVINA AVE\nWARREN, MI 48089\nPhone: 248-526-4783\nFAX: 810-447-1117\nFile: DOT/RQletter","truncated":false,"body_characters":4906}