AllChem Industries — Hazardous Materials Safety Interpretation

Page 1: .5. Departmen of Transportatio 400 Seventh St., S.W. Washington, D.C. 20590 APR 25 2002 Mr. Alex Olcese Ref. No. 02-0077 Allchem Industries Gainesville, FI 32607 6010 NW First Place Dear Mr. Olcese: This is in response to your letter requesting confirmation of Materials Regulations (HMR;49 CFR Parts 171-180) concerning your understanding of the requirements under the Hazardous • "Consumer commodity," ORM-D and the exceptions in SS 173.152 and 173.156. "Trichloroisocyanuric acid, dry," PG II and is in tablet form. You state that your product was initially classified 'as cellophane inner packaging. Each tablet weighs seven ounces and is wrapped in a heat-sealed pound capacity plastic pail (strong outer packaging) and the The tablets are placed in à five-. by ground. pails are placed into a fiberboard box (overpack) and transported Your questions are paraphrased and answered below. plastic pail strong outer packaging considered a non- Q1. Is the heat-sealed cellophane inner packaging and the specification combination packaging under the HMR? Al. meet the "inner packaging" and "strong outside container" Provided the heat-sealed cellophane and the plastic pail definitions, S$ 173.24 and 173.24a, the answer is yes. respectively, in § 171.8, and the requirements in 02. Is the fiberboard box considered an overpack under the HMR? "overpack" in § 171.8 and the requirements in SS 173.24 and A2. Provided the fiberboard box meets the definition for 173.24a, it is authorized as an overpack under the HMR. 03. 173.152 (b), the 66 pound gross weight limit My understanding is that if the packaging conforms to limit does not apply. packaging conforms to § 173.156 (b) (1), the 66 pound gross weight Is this correct? A3. Yes. 173.152 020077#

Page 2Q4. What additional exceptions are authorized? A4. Irom the 66 pound As provided in $ 173.156 (b) (1), in addition to the exception excepted Irom the strong outer packaging requirement and the gross weight limitation, ORM-D materials are marking requirements in are: 1) unitized subpart D of part 172 when the materials offered for transportation or transported by a private or in cages, carts, boxes or similar overpacks; 2) contractor motor carrier or a common carrier vehicle under manufacturer to a distribution center, or from a manufacturer or exclusive use for such service; and 3) transported from a distribution center to a retail outlet or return. materials being transported by ground excepted from the Q5. Based on the information in my letter, are the ORM-D • marking requirements? specification packaging, labeling, placarding, shipping paper and A5. the answer is yes. Provided the provisions in SS 173.152 and 173.156 are met, if we can be of further assistance.: I hope this information is helpful.. Please contact this office Sincerely, Hattie I. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3MIntyre ≤ 173.152 (9) $173.156 Consumer commoditi 6010 NW FIRST PLACE • GAINESVILLE, FL 32607 • TEL: (352) 378-9696 FAX: (352) 338-0400 ORM-S 02-0077 March 11, 2002 Via E-Mail Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards (DHM-10) Research and Special Programs Administration Department of Transportation Washington, D.C. 20590 Dear Mr. Mazzullo: provided on March 7, 2002. According to our interpretation of the DOT Hazardous Materials This letter requests written confirmation of an interpretation the DOT Hotline Regulations (HMR) (49 C.F.R. Parts 171-180), and consistent with the Hotline staff view, we seek written confirmation that tablets of a chemical used to chlorinate swimming pools may be shipped as "Consumer Commodity, ORM-D" under the conditions described below. Each tablet weighs seven ounces. Tablets are individually heat sealed in cellophane, then placed The material is classified as "trichloroisocyanuric acid, dry." It is in tablet form. in plastic pails fitted with secure childproof lids. Each pail holds up to five pounds of product. The pails are vented to prevent harmful build-up of gases, but the design will not allow tablets to Passphan hath to leven them. Closed pain only are crushed in trance ed he necked 3. Closed pails are placed in a crushproof fiberboard box 172.101, in the entry "trichloroisocyanuric acid, dry" provides a packaging exception at Section |73.152. The consumer commodity exception is found at Section 173.152(c). As one condition of using the consumer commodity exception, all requirements for the limited quantity exception all other conditions for the consumer commodit xception are met. the exceptions provided in Section 173.156 are also available for th shipments. 09LT002_.doc [438-01)#

Page 4CAl Chem dustles: Mr. Edward T. Mazzullo March 11, 2002 Page 2 above in the following way: We interpret these provisions, acting together, to apply to the shipments described (1) The heat-sealed cellophane protecting each tablet is an inner packaging of a combination packaging. (2) The five-pound capacity plastic pail is the strong outer packaging required, and acting with the inner packaging described in (1), constitutes a non-specification combination packaging. (3) The fiberboard box is an overpack that provides an extra measure of safety in transportation. (4) The 66 pound gross weight limit found in Section 173.152(b) applies to each pail. If a shipment conforms to all requirements of Section applies. 173.156(b)(1), however, the 66 pound gross weight limit no longer (5) Conditions for additional exceptions allowed by Section 173.156(b)(1) are net. when a contract motor carrier transports pails, overpacked in (6) Using the exceptions cited above, the shipment is not subject to labeling, specification packaging, placarding, shipping papers, or marking. questions concerning the facts, please contact me at (352) 333-7321. We would appreciate your written confirmation of this interpretation. If you have Sincerely, Alex Olcese Alex Olcese Chief Operating Officer 09LT002_.doc/ [438-01]#