Dupont Global Services Business — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 400 Seventh St., S.W. Washington, D.G. 20590 Research and JUN 2 O 2003 Mr. Randolph Martin Ref. No. 03-0114 Dupont Global Services Business 1007 Market Street, Room D-5100 Wilmington, DE 19898 Dear Mr. Martin: This responds to your November 18, 2002 letter requesting clarification on the proper shipping name to be marked on your tank cars under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). We apologize for the delay in responding and hope it has not caused you any inconvenience. Specifically, you ask if it is permissible to mark the proper shipping name, "Sulfuric Acid" for both your "Sulfuric acid, UN 1830" and "Sulfuric acid, spent, UN 1832" materials carried in the same fleet of rail tank cars. According to your letter, you supply your customer with tank cars of "Sulfuric acid, UN1830". The customer then recovers and returns to you "Sulfuric acid, spent, UN 1832". In order to avoid changing the marking every time the tank car switches from "Sulfuric acid, UN 1830" to "Sulfuric acid, spent, UN 1832" and back again, you want to use "Sulfuric acid" to describe both materials. It is your understanding that it is permissible to use the proper shipping name, "Sulfuric acid" for both materials under the HMR. Based on the information provided in your letter, it is the opinion of this Office that use of the words "Sulfuric acid" marked on the tank car to describe both materials is permissible. However, the proper UN identification number must be displayed on the tank car and the shipping papers must show the proper shipping description and UN identification number for the material being shipped. I hope this answers your inquiry. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 172.101 030114#

Page 2Dä•NJä 04/30/03 15:30 • :02/03 NO:334 10U7 Maikut Stret Wilmington, DE 19898 OU POND Boothe $172.101 cc: K.E. Treanor 2 (F2) M.J. Titzer 03-8114 November 18, 2002 Research and Special Programs Administration Associate Administrator for Hazardous Materials Safety U.S. Department of Transportation (DHM-1) 400 Seventh Street, SW Washington, DC 20590-0001 Attention: Robert A. McGuire Dear Dr. McGuire: We currently have a customer that we supply with tank cars of Sulfuric Acid, UN1830. The customer then recovers and returns to us Sulfuric Acld, Spent, UN1832. We use the same fleet of tank cars and are trying to determine the correct markings for the proper shipping names. Even though 172.330(a)(1)(il) does not require that we mark the tank cars with the Proper Shipping Name for either of these products, our policy is to mark all our tank cars with either the Proper Shipping Name or the product name. So we have chosen "Sulfuric Acid" and "Sulturic Acid, Spent" as the correct markings. from UN1830 to UN1832 and back agaln (which Is frequent), we are proposing to mark But in order to avoid changing the product marking every time the tank cars switches the tank cars "Sulfuric Acid" for both products. Our concern is that when a car contains among regulators and inspectors, and would like your opinion as to whether or not this Sulfuric Acid, Spent, UN1832, yet is marked "Sulfuric Acld" It may cause some confusion proposal is acceptable under the current regulations. ESt Pot da Numers and Company Printed on Rusyclul Papar G-798#

Page 3•. Dä-Ngä 04/30/03 15:30 • :03/03 NO:334 -2. Our Interpretation of 171.2(f)(2) is that we cannot mark a rail car containing Sulfuric Acid marked "Sulfuric Acld". The reasoning is that while spent sulfuric acid is always also with "Sulfuric Acid, Spent", but a rail car containing Sulfuric Acid, Spent could be sulturic acid (at loast from a chemical composition porspective), the reverse is not true. Your prompt attention Is greatly appreciated. Sincerely, Ruasbia • Hazardous Materials Distribution Consultant Randolph Martin 1007 Market Street, Room D-5100 DuPont Global Services Business Wilmington, DE 19898 Phone: (302) 773-4248 FAX: (302) 773-5011#