Hangsterfer's Laboratories, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.G. 20590 pecial Program dministratio MAR 21 2003 Mr. Frank J. Murray EH&S Manager Ref. No. 03-0019 Hangsterfer's Laboratories, Inc. Mantua, NJ 08051 P.O. Box 128 Dear Mr. Murray: This is in response to your January 14, 2003, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to bulk and non-bulk packaging. Specifically, you request the definition of bulk and non-bulk packagings used for the shipment of short-chain chlorinated paraffins (CIO - C13), a marine pollutant, via all modes of transportation. As defined in § 171.8, a bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment and which has: a maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; a maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or a water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas. A non-bulk packaging means a packaging which has: a maximum capacity of 450 L (119 gallons) or less as a receptacle for a liquid; a maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid; or a water capacity of 454 kg (1000 pounds) or less as a receptacle for a gas. As required in § 172.322, a packaging containing a marine pollutant must have the "Marine Pollutant" mark placed on each bulk and non-bulk packaging when transported by vessel. For transportation by highway, rail, or air, the "Marine Pollutant" mark is required on each bulk packaging that contains a marine pollutant, and each vehicle or freight container that contains a package that requires the "Marine Pollutant" mark. However, as provided in § 172.322(d)(3), except when transported by vessel, the "Marine Pollutant" mark is not required on a bulk packaging, freight container or transport vehicle that is already labeled or placarded in accordance with Subpart E or F, respectively, of Part 172 of the 172.322 171.8 030019#

Page 2HMR. In addition, as provided in § 171.4(c), except when transported by vessel, the requirements of vehicles, rail cars or aircraft. this subchapter specific to marine pollutants do not apply to non-bulk packagings transported by motor I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us. Sincerely, Valm 7 al Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Foster Hangsterfer's Laboratories, Inc. 175 Ogden Road § 11•8 P.O. Box 128 Definitions Phone: (856) 468-0216 Mantua, NJ 08051 US/ 03- 0019 Fax: (856) 468-0200 Hangsterfer's Laboratories, Inc. 14 January 2003 Director, Office of Hazardous Materials Standards Mr. Edward T. Mazzullo 400 7th Street S.W. U.S. DOT/RSPA (DHM-10) Washington, D.C, 20590-0001 Dear Sir: it is IMDG regulated for ocean shipping. The DOT definition and requirement lists it as '* Labeling of marine pollutants in bulk packaging; and * Reporting of releases of a marine pollutant in excess of 450 liters (199 gallons) for liquids or 400 kg (882 pounds) for solids." So, my question centers on getting the specific definition of what constitutes bulk packaging versus non-bulk packaging for shipping short-chain chlorinated paraffins (C10 - C13) via sea, as well as other routes. I appreciate any assistance. Thank you. If there are any questions and/or concerns, please let us know. Sincerely, Outf Meenay Frank J. Murray EH&S Manager Hangsterfer's aboratories, Inc.#