Applied Specialties, Inc. — Hazardous Materials Safety Interpretation

Page 1Transportatio S. Departmer 400 Seventh St., S.W. Washington, D.C. 20590 Research and special Programs dministratiol OCT 5 2001 Ms. Adrainne B. Scheurman Ref. No.: 01-0209 Compliance Manager Applied Specialties, Inc. 33555 Pin Oak Parkway Avon Lake, OH 44012 Dear Ms. Scheurman: This is in response to your letter requesting clarification of the placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked if a cargo tank that previously transported a Class 9 material in domestic commerce and was placarded "Class 9" must remain placarded when it is empty, but has not been cleaned. The answer is no. The requirements in § 172.514(b) that a bulk packaging must remain placarded when it is emptied apply only to required placarding. As provided in § 172.504(f)(9), placards are not required on a bulk packaging containing a Class 9 material in domestic transportation. However, a bulk packaging containing a Class 9 material must be marked on each side and each end with the appropriate identification number. I trust this satisfies your inquiry. Sincerely, Office of Hazardous Materials Standards 010209#

Page 2Corbin APPLIED SPECIALTIES INC. 172. 504 (F) (a) Phone Number 440/933-9442 Fax Number 440/933-9439 Placarding Mr. Edward T. Mazzullo 01- 0z09 Director of the Office of Hazardous Material Standards US DOT Flash RSPA (DHM-10) 400 7* Street SW Washington, DC 20590-0001 August 3, 2001 Letter of Interpretation Dear Mr. Mazzullo: Any assistance or direction in helping us determine the correct placarding requirement for the following scenerio would be very much appreciated. Is placarding required on an empty but not cleaned cargo tanker in domestic highway travel if it had previously held an Environmentally Hazardous Substance, Class 9? In our particular situation, our product contains a show that our product contains the reportable quantity once 133 gallons is exceeded in one container. When chemical listed in Appendix A of the 171.101 table that has a reportable quantity of 100 pounds. Calculations the tanker is filled to more than 133 gallons the tanker is placarded with the Class 9 placard and the proper shipping name "Environmentally Hazardous Substance Liquid, N.O.S., (Soduim Nitrite)" is used on the paperwork. The regulations clearly state that a container must remain placarded even after it is empty if it contained a hazardous material. In this case, however, after the delivery is made and before the tanker is washed, purged or filled with another product, the tanker only contains a residue of the original product and does not contain enough product to meet the requirements of an "Environmentally Hazardous Substance" according to the At this point, should the placards remain on the tanker or should they be removed? In order that we comply correctly with the regulations, please advise us of your opinion of this situation. Should you require any further information or clarification of the question, please do not hesitate to contact me at 800-933-9915. Thank you for your assistance in this matter. Respectfully, Adrainne B. Scheurman Compliance Manager 33555 Pin Oak Parkway Avon Lake, Ohio 44012#