Chemplex L.C. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Speciai Programs Research and Administration SEP 1 1 2003 Mr. Edward F. Vinson Ref. No.: 03-0206 Chemplex L.C. P.O. Box 1071 Snyder, TX 79550 This responds to your letter dated August 12, 2003, regarding marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for Intermediate Bulk Containers (IBCs) containing a variety of hazardous materials. An IBC must be marked with an identification number as specified in §$ 172.302, 172.331 and 172.332. The identification number marking on an IBC must have a width of at least 4.0 mm (0.16 inch) and, with a capacity of less than 3,785 L (1,000 gallons), a height of at least 25 mm (one inch). An identification number marking for an IBC with a capacity of more than 3,785 L (1,000 gallons) must be at least 50 mm (2.0 inches) in height. The options for display of an identification number marking are prescribed in §172.332. Thus, an identification number may be displayed on an orange panel, a placard, or a white square-on-point configuration. For an IBC contained in or on a transport vehicle or freight container, if the identification number marking on the IBC is not visible, the transport vehicle or freight container must be marked as required by §172.332. In addition, an IBC is subject to the placarding requirements of Subpart F of Part 172. As specified in §172.514(c)(4), an IBC may be placarded on two opposing sides or, alternatively, may be labeled instead of placarded in accordance with Subpart E of Part 172. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Droo Gog Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 172,302 030206#

Page 2Engram 8/12.302 Chen Markings Chemplex, I.C. +P.O. Box 1071 * 506 CR 343 le 1x 79550- shen * 325-573-7298 phone * 325-573-3340 fax* Plex 12 Avgust 2003 Office of Hazardous Materials Standards Room 8422 400 7t Street SW NASSIF Building Washington, DC 20590 Dear Sir/Madam: Our company manufactures and transports a variety of hazardous materials in Intermediate Bulk Containers (IBC's). Two of our drivers have recently been told completely opposite things regarding marking these by law enforcement personnel, so i am writing you for an authoritative opinion on the subject. 49 CFR 172.302 indicates that IBC's should be marked with identification numbers at least one inch in height. 172.331 and 172.332 appear to say that IBC's must carry either placards or orange panels with 3.9 inch numbers. But 172.514 c seems to exempt IBC's from any placard if they are "labeled.. in accordance with Subpart E:^ that is, with 3.9 inch square-on-point labels. We are currently using the 3.9 inch labels on each IBC and placarding the transport vehicle, with identification numbers on the placards. Should we also be marking each IBC with identification numbers? If so, do the numbers need to be orange panels for the identification numbers? 3.9 inches tall, despite 172.302? And may we continue to use labels, but use the We want to, and try hard to, be in compliance with Hazmat regulations, and would very much appreciate some clarification from your office of what we should do to accomplish that. Thank you. Sincerely Edward F Vinson#