White House Sales — Hazardous Materials Safety Interpretation

Page 1.... of Transportation U.S. Department 400 Seventh St., S.W. Research and AUG 6 2002 Washington, D.C. 20590 Special Programs Administratior Mr. Mark Frese..: Reference No.: 02-0142 Assistant Manager White House Sales .... 6959 Eastside Road Redding, CA 96001 Dear Mr. Frese: This is in response to your letter requesting clarification on proper segregation and separation of certain products under the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180). 15 pounds of Bromine tablets (a Division 5.1 oxidizer) from öre or more 52-gallon drums You state that your company was recently cited for failing to properly segregate a pail containing containing a 12.5% Sodium hypochlorite solution (a Class 8 corrosive liquid). magistrate that conducts a hearing on the citation your company received, and any opinion we We hope you understand that RSPA cannot substitute our judgment for that of a judge or provide is based solely on the information provided by you without an opportunity for the authority issuing the citation to present its views and any additional information. Based on your letter and the enclosed pictures, we understand that the pail containing Bromine tablets was secured to the side gate of your truck with a bungee cord; behind the pail was a cardboard box; and behind the box (in the back corner of the truck bed) was one drum of Sodium hypochlorite solution, also secured to the side gate of the truck with rope. The pictures also seem to indicate that a second drum containing a corrosive material was also located in the opposite rear corner of the truck bed. You asked whether this arrangement meets the requirements of 49 CFR § 177.848(e)(3), which provides that a Class 8 corrosive liquid and a Division 5.1 oxidizer may not be loaded, transported, or stored together in the same transport rehicle or stored together during the course of transportation unles; eparated in a manner that, in the event of leakage from packages unde conditions normally incident to transportation, commingling of hazardous materials would not occur. In the situation you present, it does not appear that the location of these packages on your truck, including the cardboard box in between the pail and one of the drums, would be sufficient to prevent the commingling of the two hazardoús materials in the event of a failure of the primary containers of both of them (i.e., Bromine tablets were released from the pail and Sodium hypochlorite solution leaked from the drums)). In the event of leakage from the pail and a drum, the cardboard box (even if secured to prevent its movement) does not appear to provide a 177.848 (e) (3) 020142#

Page 2barrier that would prevent the Sodium hypochlorite solution from mixing with the Bromine tablets. On the other hand, if one or more pails of Bromine tablets were placed in a secondary container (such as the tote bins shown in the pictures), and located away from drums containing a corrosive liquid, that arrangement would appear to prevent Sodium hypochlorite solution that leaked from a drum from mixing with Bromine tables that were released from the pail. I hope you find this information helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Edult Mozale : 71 Edward 17 Mazzulic Director, Office of Hazardous Materials Standards AR 1:#

Page 3WHITE HOUSE SALES 6959 Eastside Road Official Interpretation Request Phone (530) 241-2087 Redding, CA 96001 To: U.S. D.O.T. Research and Special Programs Administration (RSPA) Fax 1530) 241-6743 Re: Official interpretation request for Part 177.848 (e)(3) of the CFR 49, $177.848 (la Segregation of Hazardous Materials. Segregation 0z- 0122 The hazardous materials in question in this particular case are: Oxidizers 5.1 and Corrosives 8 hazardous materials (by highway) on a daily basis on single-axle, stake bed trucks with gross vehicle weights of White House Sales (WHS) is a wholesale distributor of pool and spa chemicals and equipment. We transport less than 26,000 Ibs. Our terminal inspections, transportation records, and hazardous material driver training programs are exemplary. Recently WHS received a citation for having impropersegregation between the above-mentioned hazardous contained in a D.O.T. approved plastic pail, secured with a rubber bungee cord to the side gate of our trück. materials. The Oxidizer was (1) 15 lb. container of Bromine tablets (Bromo-Chloro-Dimetaylhydantoin), filled with miscellaneous pool parts. There was no other, freight in front of, or adjacent to, this 5.1 Oxidizer pail. Directly adjacent to the 5.1 Oxidizer pail (on one side) was a non-hazardous, non-chemical, cardboard box 12.5% (Sodium Hypochlorite Solution), which is a Corrosive. This too was properly secured to the side gates of Directly adjacent to the non-hazardous, non-chemical box of parts was (1) 52 gal. drum of Liquid Chlorine the truck with rope. Both hazardous containers were properly secured against, movement as well as marked and labeled for highway transportation according to the CFR 49 codebook.; I am aware of the wording of part 177.848 and the hazardous material segregation chart and realize that it is primarily left to the interpretation of the involved law enforcement personnel. However, the wording is fairly vague and does not state any actual "distances" that must be maintained between these materials. I believe that reactive, non-combustible box of freight, and in the event of leakage from packages under conditions normally WHS did maintain proper physical segregation between these two materials by separating them with the non- incident to transportation, commingling of said hazardous materials would not have occurred. I am sending copies of the photographs taken at the scene and would truly appreciate your official interpretation of this matter. Sincerely, Mark Frese Asst. Manager mfrese@chemquip.com Wholesale Distributors of Chemicals & Equipment for Swimming Pools, Spas & Associated Industries#