Classification of Formaldehyde Solutions

This responds to your October 16, 2001 letter requesting clarification on the proper shipping name and hazard class of forrnaldehyde solution with less than 25% formaldehyde under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the proper shipping name should be "Aviation regulated liquid, n.o.s." for formaldehyde solutions with a variety of percentages of less than 25% formaldehyde. Additionally, you ask if there is a concentration at which a formaldehyde solution would not be subject to the HMR.

It is the shipper's responsibility to properly class and describe a hazardous material in accordance with § 173.22. This Office does not normally perform that function. However, it is the opinion of this Office that formaldehyde solutions with less than 10% formaldehyde mixed with non-hazardous materials do not meet the definition of a Class 9 hazardous material and, provided they do not meet any other hazard class, are not subject to the HMR. Formaldehyde solutions with 10% to 25% formaldehyde are regulated as Class 9 hazardous materials when shipped by aircraft due to its noxious odor. The preferred proper shipping name is "Aviation regulated liquid, n.o.s." The entry "Aviation regulated liquid, n.o.s." was added to the § 172.101 Hazardous Material Table in a final rule published March 5, 1999 (Docket HM-215C; 64 FR 10741) for alignment with the ICAO Technical Instructions and the UN Recommendations.

I hope this answers your inquiry.