Shell Chemicals — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs JAN 18 2002 Administratior Ref. No. 01-0210 Mr. David Mashinski Shell Chemicals P.O. Box 2463 Houston, TX 77252 Dear Mr. Mashinski: This is in response to your August 1, 2001 letter requesting clarification of the shipping paper Material Regulations requirements under the Hazardous (HMR; 49 CFR Parts 171-180) pertaining to the shipping description "Residue: Last Contained, Flammable liquids, n.o.s., 3, UN1993, III, RQ (Ethylbenzene)." inconvenience that the delay in responding may have caused you. I apologize for any Specifically, you ask whether the letters "RO" must be removed from You state that prior to the return trip, the tank car will be the basic shipping description for the return trip, of a tank car. quantity of a hazardous unloaded and, therefore, will no longer contain the reportable substance. The answer is no. description on the shipping paper for In accordance with § 172.203 (e) (2), the residue of Last Contained * * *" before the basic description. If, when fully a hazardous material must include the phrase "Residue: loaded, the correct shipping description for the material in the are not required to be removed from the shipping paper description tank car required the letters "RO" to be included, the letters "RO" when the residue in the tank car no longer meets the definition of a hazardous substance. you need additional assistance. I hope this information is helpful. Please contact this office if Sincerely, nanaportation Regulations specialist Office of Hazardous Materials Standards 172,203 (es#

Page 2MCIntyre Shell Chemicals 5172. 203 (e)(1) Shipping Papers August 1, 2001 01-0210 Office of Hazardous Materials Standards - DHM-1 U.S. Department Of Transportation 400 gih Street, S.W. Washington, D.C. 20590-0001 Dear Mr. Billings, Shell Chemical Company seeks confirmation of a telephone conversation on July 30, 2001 with Mr.Ben Supko, a member of your staff. Our question to Mr. Supko concerned the description on a shipping paper for a tank car containing the residue of a hazardous material which, when fully loaded, contained a reportable quantity of a hazardous substance but after unloading does not. For example: a tank car containing a Class 3 material of which ethylbenzene is a component is described as follows when shipped from the manufacturing location: "Flammable Liquids, NOS (XXXXX, Ethylbenzene), 3, UN1993, III, RQ (Ethylbenzene)". After unloading, the residual product in the tank car contains much less than the 1000 pound 1 reportable quantity of ethylbenzene; however, the shipper's computer generated return Bill off. Lading would contain the following description: "Residue Last Contained: Flammable Liquids, NOS (XXXXX, Ethylbenzene), 3, UN1993, III, RQ (Ethylbenzene)". Technically speaking, since the car no longer contains a reportable quantity of a hazardous substance, the person returning the residue tank car would be required to remove the "RQ (ethylbenzene)" from the description; however, having read the attached interpretation from RSPA dealing with the same topic for a Class 9 material, we are persuaded that the residue tank car in our example may be returned without modification of the description. Mr. Supko concurred with our interpretation. We would appreciate your written confirmation of our interpretation. Our thanks in advance for your prompt consideration of this request. If you have any questions, I can be reached at 713-241-6436. Sincerely, Divid Mashinski David Mashinski HSE-Advisor 33 SHELL CHEMICAL COMPANY 4, P.O. BOX 2463 HOUSTON, TEXAS 77252-2463 www.shellchemical.com#