§173.136 Class 8—Definitions.

(a) For the purpose of this subchapter, “corrosive material” (Class 8) means a liquid or solid that causes irreversible damage to human skin at the site of contact within a specified period of time. A liquid, or a solid which may become liquid during transportation, that has a severe corrosion rate on steel or aluminum based on the criteria in §173.137(c)(2) is also a corrosive material. Whenever practical, in vitro test methods authorized in §173.137 of this part or historical data authorized in paragraph (c) of this section should be used to determine whether a material is corrosive.

(b) If human experience or other data indicate that the hazard of a material is greater or less than indicated by the results of the tests specified in paragraph (a) of this section, PHMSA may revise its classification or make the determination that the material is not subject to the requirements of this subchapter.

(c) Skin corrosion test data produced no later than September 30, 1995, using the procedures of Part 173, Appendix A, in effect on September 30, 1995 (see 49 CFR Part 173, Appendix A, revised as of October 1, 1994) for appropriate exposure times may be used for classification and assignment of packing group for Class 8 materials corrosive to skin.

[Amdt. 173–224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; Amdt. 173–234, 58 FR 51532, Oct. 1, 1993; Amdt. 173–241, 59 FR 67508, Dec. 29, 1994; Amdt. 173–261, 62 FR 24732, May 6, 1997; 69 FR 76155, Dec. 20, 2004; 71 FR 78631, Dec. 29, 2006; 76 FR 3372, Jan. 19, 2011; 85 FR 27880, May 11, 2020]