Quadra Chemicals Western, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Administration JAN 1 0 2002 Mr. Edward Doheny Chemist, CHMM Reference No.: 02-0011 Quadra Chemicals Western, Inc. Regulatory Affairs Department 5700 NW Front Avenue Portland, OR 97210 Dear Mr. Doheny: This is in response to your letter requesting clarification relating to shipments of "foodstuffs" in the same motor vehicle with material that is labeled POISON GAS under the provisions of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if it is permissible to transport Division 2.3 materials in the same transport vehicle with material known to be foodstuffs. The answer is yes. Section 177.841(e)(1) does not restrict the transportation of Division 2.3 materials from being transported with foodstuffs; the restriction in § 177.841(e)(I) applies only to materials bearing a POISON or POISON INHALATION HAZARD label in Division 6.1. I trust this satisfies your inquiry. Sincerely, AlAs Office of Hazardous Materials Standards 177.841 (e) (0#

Page 2Gent By: Great Western Chemical; 503 221 5750; Jan-7-02 12:03PM; Page 2/3 Corbin Quadra $177.8416s4 January 7, 2002 Segregation Director of Hazardous Materials Standards Mr. Edward T. Mazzullo 02-0011 U.S. DOT / RSPA DHM-10 I am writing to request a clarification of, and in, 49 CFR 177.841 (e) (1) relating to shipments Dear Mr. Mazzullo, 3 (i.e. Poison Gas). Specifically, 1 am asking for a clearer language statement in the above of "foodstuffs" loaded in the same vehicle / trailer with material(s) of hazard class 2, division section of the CFR and an update to the interpretation letter dated June 27, 1997. The reasons for this request are: 1) The above referenced interpretation letter was written in 1997, however the class 2, division 3 labels and placards have been changed in the CFR to have a skull and older labels and placards with Poison Gas written across the middle and no skull and crossbones at the top and inhalation hazard written across the middle replacing the crossbones at the top of the labcl or placard. 2) On 01/04/02, a Quadra truck was cited for a violation of 49 CFR 177.841 (e) (1), in that the truck had cylinders of Chlorine gas and some "foodstuffs" on board when it was stopped at an Idaho - Port of Entry. The DOT inspector, even after being notified of the June 27, 1997 interpretation letter and being told that said letter had been confirmed as still in effect by a phone call to your offices in Washington D.C. that morning, told mo the violation was valid and to go to the Jefferson County Magistrate Court in Rigby, Idaho if 1 wished to contest it. 3) In checking with the Oregon DOT inspection and enforcement office, an inspector division 3 hazardous materials with "foodstuffs" because those hazardous materials with over a decade of field experience told me that it is a violation to ship class 2, are poison inhalation hazards as cvidenced by the skull and crossbones and inhalation hazard written on the label and placard, and this is what 49 CFR 177.841 (e). (1) is regulating. Therefore, it appears that some, if not many, experienced DOT inspection and/or the same in interpreting 49 CFR 177.841 (e) (1) requirements. These field interpretations enforcement personnel are interpreting the new class 2 and class 6 labels and placards to be directly contradict what I was told by lwo of your staff was your official interpretation, when I explained the entire situation to them. Additionally, I was told that I will need to present, in the near future to the above court, certified documents from your office stating that the above presumed violation is in fact not d violation, as the violation paperwork would be turned over to the county prosecutor Quadra Chemicals Western, Inc. Regulatory Affairs Department 5700 NW Front Avenue Phone: 503-242-0200 Fax: 503-412-3390 Portland, OR 97210#

Page 3Sent By: Great Western Chemical; 503 221 5750; Jan-7-02 12:04PM; Page 3/3 If you have any questions or require further information, please call me at (503) 242-0200 ext. 354. Sincerely, Edward Doheny Chemist, CHMM#