Nalco Chemical Company — Hazardous Materials Safety Interpretation

Page 1: f Transportatic 5. Departmer 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Special Programs Administration JAN 1 9 2001 Mr. Everett Gauthier Ref. No. 01-0003 Manager Quality, Safety, and Training Nalco Chemical Company One Nalco Center Naperville, Illinois 60563 Dear Mr. Gauthier: This responds to your letter, dated January 5, 2001, requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for determining reportable quantities of hazardous substances. Specifically, you ask if you must consider the entire quantity of hazardous substance being transported in a multi-unit cargo tank motor vehicle (CTMV) to determine whether you have a reportable quantity. The answer is no. Hazardous substances are regulated under the HMR when the quantity in one package equals or exceeds the reportable quantity listed in Appendix A to § 172.101 for that material (see the definition for "hazardous substance" in § 171.8 of the HMR). For purposes of the HMR, each compartment of a multi-unit CTMV is considered a separate bulk packaging. Thus, in the example you provide in your letter, for a material that meets or exceeds the reportable quantity listed in Appendix A to § 172.101 in an amount of 18,000 pounds or more, if the amount of material in each compartment of a multi-unit CTMV is under 18,000 pounds, the material is not regulated as a hazardous substance even if the aggregate amount of material in all compartments of the CTMV meets or exceeds 18,000 pounds. Hazardous substances that do not meet the definition of another hazard class are regulated as Class 9 materials under the HMR. For domestic transportation, a Class 9 placard is not required. identification number displayed on a Class 9 placard, an orange panel, or a white square-on-point However, a bulk packaging containing a Class 9 material must be marked with the appropriate display configuration c 725 mament of temple uni Cr meets or excels the reportable quantity for that material, then the CTMV must be marked with the appropriate identification number in accordance with subpart D of part 172 of the HMR. However, if the amount of material in each compartment of the CTMV is under the reportable quantity for that 172.514 010003#

Page 2: material, then the material is not regulated as a hazardous substance and need not be marked with an identification number even if the aggregate amount of material on the CTMV meets or exceeds the reportable quantity. this office. I hope this information is helpful. If you have further questions, please do not hesitate to contact Sincerely, Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 301/05/01 FRI 08:21 FAX 630 305 2930 NALCO LOGISTICS Ø002 NALCO CHEMICAL COMPANY ONE NALCO CENIER U NAPEHVII LE, ILLINUIS 60S63•1198 " ALA borsku $172.514 Placarding 00-037° Edward Mazzullo 1-05-01 Director Office of Hazardous Material Standards US DOT -RSPA (DHM-10) 400 g' ST South West Washington, DC 20596-0001 Dear Mr. Mazzullo I have a question regarding the placarding of multi compartment trailers. The product we I can be contacted at Nalco Chemical Company, One Naico Center, Naperville, IL 60563-1198. The phone number (630) 305-1134 and the fax number is (630) 305- 2930. Thank you for your attention to this issue. Sincerely Earl Everett Gauthier Manager Quality, Safety and Training#