Bay Zinc Company, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. esearch anc Washington, D.C. 20590 DEC 1 1 2002 Ms. Jennifer Clemenson Sales Assistant Ref. No. 02-0279 P.O. Box 167 Bay Zinc Company, Inc. Moxee, WA 98936 Dear Ms. Clemenson: This is in response to your letter dated October 30, 2002, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request information on the shipping paper, packaging, hazard communication, and loading requirements for a material described as "Environmentally hazardous substance, solid, n.o.s., 9, UN 3077, III" transported in 50 pound bags, 2,000 pound bags, and 25-35 ton bulk trucks. As provided by § 172.504(Đ(9), when transported domestically a CLASS 9 placard is not required to be displayed on a transport vehicle containing packages of a Class 9 material (e.g., bags, IBCs or dry-bulk trailer). Each non-bulk packaging, unless otherwise excepted, must be marked in accordance with Part 172, Subpart D and labeled in accordance with Part 172, Subpart E. Bulk packagings containing a Class 9 material must be marked with the appropriate identification number displayed on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration. For a material properly described as "Environmentally hazardous substance, solid, n.o.s., 9, UN 3077, II" the bulk and non-bulk packaging requirements are found in §$ 173.240 and 173.213, respectively. The shipping paper requirements are found in Part 172, Subpart C and, for transportation by highway, the loading and unloading requirements are located in Part 177, Subpart B. I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards 172.504(8)(8) 020279#

Page 210/30/2002 13:49 FAX 5092484916 BAY ZINC CO 0102 BAH BAY ZING COMPANY, INC. $ 172: 101 App.A. : (509) 248-4911 or (800) 941-4086 Liquid E-Mail: info@bayrinc.com Fax: (509) 248-4916 Zine Solullone P. O. Bax 167, Moree, Washingion 98936 Hozardous Substances or ZIne Granulo: 02-0279 October 30, 2002 Mr. Edward I. Mazzullo Director Hazmat St. US DOT/RSPA (DHM)-10 10O yii Street SW Washington, DC 20590-0001 Mr. Mazzullo: Bay Zinc Company manufactures Zinc Sulfate fertilizer. We currently ship in 50# bags, 2000# bags, and in 25-35 ton bulk form. We have been placarding our 2000# bags and bulk trucks for the last 8 years under the Misc. Placard Class 9 UN 3077. We were under the understanding that anything over the portable quantity of 10001b of Zinc Sulfate per. container needed to be placarded. We have been making sure every load that is shipped the truck driver has his hazardous endorsement. Jessica in the Hazmat information out of our facility has a placard on all sides of the truck or railcar, and we make sure that be placarded. However, the container or bags need the correct classification number on department (800) 467-4922 informed me that the miscellaneous class: 9 does not need to the container or bags. I also talked to a gentlemen, in the Motor Carrier department (202) 366-0647 about the truck drivers needing a hazardous endorsement on their license to haw our Zinc Sulfate product. He mentioned that as long as the product is correctly identified on the container or bags and not placarded, the drivers do not need a hazardous endorsement on their license. I need a letter from your office that states what the regulations are regarding paperwork, packaging, loading, and transporting of our Zinc Sulfate fertilizer in 5,0# bags, Z000# please it me know whori work need to contact Thanks for your nep in this meter. Sincerely, anner clemenson Jennifer Clemenson Sales Assistant Best. "Blu-Min" Brand in the West#