Oakite Products, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation US. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration SEP - 6. 2000 Mr. Barry L. Dance Ref. No. 00-0186 Oakite Products, Inc. 13177 Huron River Drive Romulus, MI 48174 Dear Mr. Dance: This is in response to your letter of June 14, 2000, concerning the proper shipping description and markings for hazardous material packages according to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if the shipping description on the shipping paper must be identical to the marking on the package if optional text is allowed in the shipping description. You present the following example where the shipping paper description is "Corrosive Liquids, Toxic, N.O.S. (Chromic Acid, Sulphuric Acid) 8, UN2922, PG II" and the marking on the package is "Corrosive Liquids, Toxic, N.O.S. (Contains Chromic Acid, Sulphuric Acid, Phosphoric Acid) 8, UN2922, PG II." There is no requirement that the technical name text be identical on the package marking and shipping paper. However, it is recommended that the hazardous material description on the shipping paper and package marking be identical to minimize potential confusion by transporters and enforcement personnel. The requirements in § 172.203(k) allow for optional text, such as the word "contains" or listing additional constituents beyond the required two which contribute to the hazard the material exhibits. Section 172.301(a) and (b) require the shipping name, with technical names according to § 172.203(k), and identification number be marked on a package. I hope this satisfies your request. sincerely, Duban HE lips Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 000186 172.201#

Page 2Chemetall Oakite • Fax. (734) 941-2193 Tel. (734) 941-3800 Internet Address: http://www.oakite.com June 14, 2000 onuser $ 172.20. Mr. Del Billings 00-0186 Research and Special Projects Administration US Department of Transportation 400 7" Street SW DHM-11 Washington, DC 20590 Mr. Billings, I am writing for clarification of the necessity for proper shipping name marking on packages to match exactly the proper shipping name as depicted on shipping papers, when both proper shipping names are accurate and correct. It is our general practice to mark packages with the complete shipping description as shown on the accompanying shipping paper. For example, one of our products are described on shipping papers and marked as: Corrosive Liquids, Toxic, N.O.S. (Chromic Acid, Surphuric Acid) 8, UN2922, PG I| I understand this to be in accordance with all applicable regulations for shipping papers and marking. However, I wonder if I would be in compliance if: A. The shipping paper read: Corrosive Liquids, Toxic, N.O.S. (Chromic Acid, Surphuric Acid) 8, UN2922, II And B. The package was marked: Corrosive Liquids, Toxic. N.O.S. (Contains Chromic Acid, Surphuric Acid, Phosphoric Acid) 8, UN292?. My reading of 172.100 through 172.448 leads me to believe that since both are independently correct, even though the package marking carries more information than the shipping paper, the described use of the two variations of the shipping name is acceptable and in compliance. Your assistance is greatly appreciated Since Barry Dance Corporate Transportation Manager i × 491 1999: Oakite Products, Inc. • 13177 Huron River Drive • Romulus, MI 48174#