Lead Industries Association, Inc. — Hazardous Materials Safety Interpretation

Page 1• f Transportatio S. Departmen 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Special Program: Administratio MAR 1 7 2000 Ref. Nos. 00-0055 00-0059 Mr. Jeffrey I. Miller Lead Industries Association, Inc. 13 Main Street Sparta, NJ 07871 Dear Mr. Miller: This is in response to your letter and subsequent telephone conversation with classification for lead compounds under the Hazardous a member of my staff concerning the Materials Regulations Specifically, you request clarification pertaining to the use (HMR; 49 CFR Parts 171-180). of the entry "Lead compounds, soluble, n.o.s." and whether you must consider the results of the solubility test in Special the definition of Division 6.1 under § 173.132 and that they Provision 138. You state that your lead compounds do not meet are not hazardous pollutants. wastes, hazardous substances, or marine Special Provision 138 does not apply in your situation. Your material does not meet the definition of Division 6.1; therefore, you may not use the entry, "Lead compounds, soluble, n.o.s." • Under the HMR, unless an entry is preceded by a plus (+) sign in Column (1) of the HMT, a material listed by name that does not meet the corresponding hazard class may not be described using that description. If you determine : that your material meets the definition of another hazard class, you must choose the most appropriate proper shipping name with a hazard class assignment applicable to the 000055#

Page 2material. If you determine that the material does not meet the definition of another hazard class and is not a hazardous material is not subject to substance, hazardous waste or marine pollutant, then the the HMR. office I hope this information is helpful. if you need additional Please contact this assistance. Sincerely, Hotte 2 Motell Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards#

Page 3FEB-17-2000 12:48 KING & SPALDING 202 626 3737 P.02 : Lead Industries Association, Inc. 13 Main Street • Sparta, NJ 07871 • Tel. 973-726-LEAD (5323) • Fax 979-726-448 www.leadinfo.com • Email: miller@leadinfo.con February 17, 2000 SP 138 Research and Special Programs Administration U.S. Department of Transportation DHM10 PeR phONE CALL". 00-0055 400 Seventh Street, S.W. Wants iN heitiNG Washington, DC 20590-0001 Attn: Mr. Edward Mazzullo O UsE of ENTRY Director of Hazardous Materials Standards EUSE of sy. prov. 138, Dear Mr. Mazzullo: This letter requests, on behalf of the Lead Industries Association, Inc. (LIA), clarification of the proper hazardous material description for lead compounds under the Hazardous Materials Regulations (HMR: 49 CFR 171-180). In question are changes made final in the Federal Register (64 Fed. Reg. 10141) on March 5, 1999 to "lead compounds, soluble, n.o.s." and Special Provision 138 which defines new solubility test criteria for such compounds. LIA is concerned that these changes may cause confusion and unintended consequences for the classification of lead-bearing materials. These concers led Jim Bandstra, Assistant office during the first week of January 2000. Those conversations were very helpful and we are Environmental Manager for Hammond Group, Inc. (an LIA member company), to contact your now requesting confirmation that the amendments were not intended to change hazardous materials standards in the United States, We further request confirmation of the Department's view, as expressed in the telephone conferences, that lead-bearing materials that do not meet the hazard class criteria for Division 6.1 poisons in 172.132 will not be regulated as hazardous materials under new Special Provision 138. LIA members manufacture and ship lead chemicals in domestic and international because they do not meet any of the hazard class definitions provided in Part 173; they are not markets. Some of these lead-bearing products are not currently regulated as hazardous matenals hazardous wastes, hazardous substances, or marine pollutants. Specifically, some lead-bearing chemicals do not meet the hazard class criteria for Division 6.1 poisons, Other lead-bearing chemicals are regulated as Class 9 miscellaneous hazardous materials. The new Special Provision 138, effective October 2000, may cause confusion because it now appears to define soluble lead compounds as Division 6.1 poisons if they fail the new solubility test, performed with hydrochloric acid. It is possible this change could be viewed a ringing currently non-regulated lead chemicals and certain Class 9 lead chemicals under regulation as Division 6.1 poisons due to their solubility alone. More specifically, there may be available for lead compounds. questions about whether the new special provision is to be used if no other toxicity data are Serving the industry since 1928#

Page 4• FEB-17-2000 12:48 KING & SPALDING 202 626 3737 P. 03 to nonhazardous lead-bearing materials or Class 9 miscellaneous hazardous materials, we would To avoid confusion and the unintended application of a Division 6.1 poison classification appreciate your confirming, as requested above, that the adoption of Special Provision 138 does not subject lead-bearing chemicals to new regulation under the HMR. Please call Jim Bandstra at 219/844-3980 or me at 973/726-5323 if you have questions. Sincerely, Jeffrey T. Milerie Jeffrey T. Miller Executive Director cc: Ms. Joan Mcintyre Mr. James D. Bandstra#