Crompton Corporation — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration APR 2 7 2001 Mr. Donald Hodder Ref. No. 01-0084 Crompton Corporation Benson Road Middlebury, CT 06749 Dear Mr. Hodder: This is in response to your letter dated March 29, 2001, requesting clarification on the applicability of the Hazardous transport of a combustible liquid. Specifically, you ask if a combustible liquid that also meets the definition of a marine pollutant is excepted from the HMR under § 173.150 (f) (2) when transported by highway, rail, or aircraft in a non-bulk packaging. The answer is yes. Section 173.150 (f) (2) specifies that the HMR do not apply to a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste or a marine pollutant. The requirements specific to marine pollutants do not apply to a non-bulk packaging transported by motor vehicle, rail car or aircraft (§ 171.4(c)). Therefore, a combustible liquid that is not a hazardous or a hazardous waste but is a marine pollutant as defined in § 171.8, is not subject to the HMR when transported in a non-bulk packaging by motor vehicle, rail car, or aircraft. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 2Crompton Corporation Crompton Benson Road Middlebury, CT 06749 March 29, 2001 (203) 573-3702 BAH Mr. Edward Mazullo, Director U.S. Department of Transportation §171.4. Hazardous Materials Standards 400 Seventh Street, S.W. Marine Washington, DC 20590 Claritication Pollutant Subject: Clarification of the 49CFR DOT Regulations 01-0084 Dear Mr. Mazullo: I am confused about sections of the regulations regarding Combustible Liquids and Marine Pollutants. §171.4 (c) Marine Pollutants reads as follows: I copiers percept when transported aboard vessel the requirements of this transported by motor vehicles, rail cars or aircraft. $173.150 (f)(2) Combustible liquid reads as follows: The requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, hazardous waste, or a marine pollutant. My concern regarding the interpretation of the regulations brings up the following question. Why would a combustible liquid in a non-bulk packaging be regulated if it is a marine pollutant IF a marine pollutant is NOT regulated if it is in a non-buik packaging? Please review this question and advise your response to the above "letter head" address. If you need to contact me I can be reached at 203-573-3702. Your assistance in this matter is greatly appreciated. Sincerely; Catale Donald Hodder Hazmat Compliance Manager#