Shore Chemical Company — Hazardous Materials Safety Interpretation

Page 1400 Seventh Steer S.S90 Washington, D.C spect Programs Administratior MAY 1 7 2000 Mir. John Shore, Jr. Ref. No. 00-0135 Shore Chemical Company P.O. Box 1632 743 N. Tully Road Turlock, CA 95381 Dear Mr. Shore: This is in response to your letter dated May 3, 2000 regarding the definition of a hazardous substance under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Under § 171.8, a hazardous substance is defined as a material, including its mixtures and solutions, that: (1) is listed in Appendix A to § 172.101 of the HMR; (2) is in a quantity, in one package, which equals or exceeds its reportable quantity; and (3) is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the table under § 171.8. In your letter, you state that your company packages dichlorvos (4.65 percent concentration) in a package weighing 37.20 pounds (5 gallons). To meet the definition of a hazardous substance, the quantity of dichlorvos must equal or exceed 10 pounds and 0.02 percent concentration by weight. Your 5 gallon package contains only 1.73 pounds of dichlorvos and, therefore, does not meet the definition of a hazardous substance. I hope this satisfies your request. Sincerely, Transportation Regulations Specialists Office of Hazardous Materials Standards 171.8 000135#

Page 2CHEMICAL CO.; 209 667 0316; May-3-00 11:13AM; Page 1/1 PRODUCTS FOR AGRICULTURE AND INDUSTRY SHORE CHEMICAL COMPANY P.O. BOX 1632 - 743N. TULLY ROAD - TUALOCK, GALIFORNIA 85381 • (209) 839-2144 Gale 00-0135 TELEFAX Date:_May 3, 2000 Company: U.S. Department of TransportationTelefax No.: (202) 366-3012 Attn.: Edward T. Mazzulo - Total Pages Including This Cover: _1. From: John Shore, Jr. Ren your * ** Message: Dear Mr. Mazzulo, package torn ten e My question to you is, if I were hauling on the highways a 5-gal pail with * solution that has 4.65% Dichlorvos in it, would I be required to have RQ on the hazard déscription on the 5-gal pail? 1-gallon of this solution weighs 7.44 Los. 5-gal pail of this solution weighs 37.20 Ibs. 1, /bs Dichlorvos - Reportable quantity is 10 Ibs. I need a letter or fax from the Department of Transportation answering this question for a court appearance which is May 15, 2000. Thank you, IF TOTAL NUMBER OF PAGES ABOVE WAS NOT RECEIVED, PLEASE CALL (209) 634-2144 FACSIMILE (209) 667-0316#