URS Corporation — Hazardous Materials Safety Interpretation

Page 1f Transportatio S. Departmen 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and Administration JUN 2 6 2001 URS Corporation Mr. Andrew N. Romach Ref. No. 01-0148 PO Box 13000 Research Triangle Park, NC 27560 Dear Mr. Romach: rhis is in response to your June 13, 2001, letter requesting clarification of marking requirements in $ 172.322 (d) (3)of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) 97,350 te applicable to the highway transportation of a placarded bülk packaging or transport vehicle containing a hazardous material that is also a marine pollutant. A packaging containing a marine pollutant must have the "Marine Pollutant" mark placed on each bulk and non-bulk packaging when transported by vessel. For transportation by highway, rail, or packaging that contains a marine pollutant, and each vehicle or air, the "Marine Pollutant" mark is required on each bulk "Marine Pollutant" mark. freight container that contains a package that requires the § 172.322 (d) (3), the "Marine Pollutant" mark is not required on a However, as provided by bulk package or transport vehicle that is already labeled or placarded in accordance with Subpart E or F of Part 172, except when transported by vessel. I hope this satisfies your request. Sincerely, 1e88 Transportation Regulations Specialist Office of Hazardous Materials Standards 172322 010148#

Page 2FROM: URS RADIAN FAX NO.: 9194611371 06-14-01 09:52A P.01 URS BAH. 5172.322 June 13, 2001 Marking 01-0148 Office of Hazardous Material Standards (DHM-10) Mr. Ed Mazzullo, Direotor Researon and Special Programs Administration U.S. Department of Transportation 400 7th Street, SW Washington, DC 20590-0001 FAX: (20Z) 366-3012 Dear Mr. Mazzullo: I am writing to you to request a written regulatory interpretation concerning "Marine Pollutant" marking requirements for a bulk quantity of a Marine Pollutant transported exclusively over the highway. The specific Marine Pollutant being transported is Nonylphenol (which meets the definition of a "Marine Specifically, my question concers the provision outlined in 49 CFR 172.322(d). Based on my reading of this provision, if a transport vehicle is placarded with Class 8 "Corrosive" placards as specified in Subpart F, then thai transport vehiole is not required to have the "Marine Pollutant" markings. Pollutant" appears on the HAZMAT Bill of Lading but the transport vehiole does not have the "Marine Transport vehicles carrying Nonylphenol have been stopped by Stale Police because the phrase "Marine placarded on all four sides with Class 8 "Corrosive" placards. It is my understanding that, if taking Pollutant" markings on all four sides of the vehicle--even though the transport vehicle is appropriately advantage of the exception provided in 49 CFR 172.322(d), the "Marine Pollutant" markings are not required. If you have any questions, you can call me directly at 919.461.1220 or you can FAX me at 919.461.1371. I appreciate your clarification of this matter. Regulatory Manager URS Corporation URS Corporation P.O. Box 13000 Research Triangle Park, NC 27709 Morrisville, NC 27560 1600 Parimeter Park Drive Fax: 919.461.1415 Tel: 919.461.1100 ฿33#