PHMSA Response Letter

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October 3, 2008

Ms. Erin N. Jarman
Environmental Scientist
URS Corporation
1600 Perimeter Park Drive
Morrisville, NC 27560

Ref. No.: 08-0222

Dear Ms. Jarman:

This responds to your August 28, 2008 request for clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for further clarification of a letter of interpretation that was issued to Mr. Henry L. Longest II, Acting Assistant Administrator of the U.S. Environmental Protection Agency on February 13, 2003 (Reference No. 02-0093). In that letter, PHMSA stated:

“Based on test results, it is the opinion of this office that the environmental samples containing the following “upper limit” concentrations: 0.28 weight percent Nitric acid, 0.38 weight percent Sulfuric acid, 0.15 weight percent Hydrochloric acid and 0.20 weight percent Sodium hydroxide, do not meet the definition of corrosive material in § 173.136, and, therefore, are not subject to the HMR.”

Specifically, you ask if environmental samples preserved within the “upper limit” boundaries specified in the February 13, 2003 letter could be shipped as non-regulated materials, even when they are being shipped for reasons other than EPA testing.

The answer is yes. Samples preserved within the “upper limit” concentrations specified in the February 13, 2003 letter do not meet the definition of a corrosive material in § 173.136, and therefore, are not subject to the HMR. The interpretation applies to environmental samples being shipped for reasons other than EPA testing.

I hope this answers your inquiry.

Sincerely,

Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards

171.8, 173.136