California International Chemical Co., Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Special Programs Administration SEP. 2 3 2002 Ms. Karen Lowell, Esq. Ref No.: 02-0205 3450-C Regional Parkway California International Chemical Co., Inc Santa Rosa, California 95403 Dear Ms. Lowell This is in response to your July 25; 2002, letter regarding the identification number marking and placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180), for motor vehicle transporting 900 pounds or less of mon-bulk packages of Chlorine, 2:3, UN1017. You are correct that the placard required for "Chlorine, 2.3, UN1017" is the POISON GAS placard in accordance with § 172.504(e), Table 1. Based on the total quantity of chlorine on the motor vehicle, 900 pounds or less aggregate gross weight of non-bullk packaging display of the identification number on the transport vehicle is not required. Section 172.313(c) states in part that, a transport vehicle or freight container. containing a material poisonous by inhalation in non-bulk packages shall be marked, on each side and each end as specified in § 172.332 or §172.336, with the identification number specified for the hazardous material in the § 172.101 Table, subject to the following provisions and limitations. The material is in Hazard Zone A or B and the transport vehicle or freight container is loaded at one facility with 1,000 kg (2,205 pounds) or more aggregate gross weight of the material in nom-bulk packages marked with the same proper shipping name and identification number. I hope this information is helpful. Please contact us iff you require additional assistance. Sincerely, Chief Standards Development Delmer F. Billings Office of Hazardous Materials Standards 172.504 020205#

Page 2Relerford California International Chemical Co., Inc. Santa Rosa, California 95403 3450-C Regional Parkway §112313 (c)(2) Telephone: (707) 576-7431 Facsimile: (707) 576-7516 5|72.519 02-02,05 Marking Placarding Mr. Edward T. Muzzullo Via Certified United States Mail DIRECTOR FOR THE OFFICE OF HAZARDOUS Return Receipt Requested MATERIALS STANDARDS US DOT / RSPA (DHM-10) 400 7* Street S.W. Washington D.C. 20590-0001 Re: Vehicle Placarding - Non Bulk Hazardous Materials Dear Mr. Muzzullo: California International Chemical Co., Inc. ("CICC") respectfully seeks from your office a formal, written interpretation of the US DOT Hazardous Materials Regulations and Procedures, specifically Chapter 1, Subchapter C, Part 172. Licensees of CICC operate in numerous states and carry chlorine gas (UN 1017) on vehicles with poison gas placards identifying an "INHALATION HAZARD", a pictured skull and crossbones on the top of the placard, and a number "2" at the bottom. The maximum net amount of hazardous material on any given vehicle does not exceed 300 pounds, and the maximum gross weight of the material in non bulk packages does not exceed 900 pounds. Chlorine gas is defined as a "Zone B" chemical under §8173.116(a) and 176.133(a) The question arose as to whether the transport vehicles also require a second placard (or orange panel) indicating the identification number of the hazardous material (here "UN 1017). CICC contacted your office on two (2) occasions and was advised as follows: Vehicles transporting material in non bulk packaging which do not exceed 8,820 pounds aggregate are not required to mark the vehicle with identification numbers ("UN 1017" inder $172.301(a)(3)(ii). Also, vehicles transporting material in non bulk packaging which do not exceed 2,205 pounds aggregate are not required to mark the vehicle witl identification numbers under $172.313(c)(2)! Based upon CICC's representation that the vehicles carry chlorine gas in non bulk containers which do not exceed 2,205 pounds or more aggregate gross weight of the chlorine gas, your office advised that our licensees are not required to have placards indicating the identification numbers "UN 1017" on their vehicles, but rather they are required to have the "Inhalation Hazard" placards as referenced above on each of the four (4) sides of the vehicles. Page 1 of 2#

Page 3July 25, 2002 Edward T. Muzzulo, Directnr Page Two verification of the above interpretation. We would also like to thank you and the gentlemen in By this letter, CICC seeks a written interpretation of the regulations by your office and/or your office who were professional, helpful and exceptionally knowledgeable of the US DOT regulations. Your office provides a very valuable service to the public! If you require any further information or would like to discuss this matter, please feel free to contact me at (954) 424-6190, or contact Diana Enos at (800) 544-6604. Very truly yours, Karen Lowell, Attorney for California Int'l Chemical Co., Inc. Page 2 of 2#