Myers Industries, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. Washington, D.C. 20590 esearch an ост 2 1 2003 Ms. Barb Germano Safety & Risk Administrator Ref. No. 03-0247 Myers Industries, Inc. 1293 South Main Street Akron, OH 44301 Dear Ms. Germano: This is in response to your October 6, 2003 letter, concerning shipping papers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Must a driver create a new shipping paper or revise an existing shipping paper to reflect partial delivery of a product? For example, a driver transports ten drums and only delivers two. Must he change the shipping paper to indicate that he has only eight drums on the transport vehicle? Al. The answer is no. A driver is not required to update a shipping paper to reflect partial delivery. However, if a driver picks up additional quantities of hazardous materials, which were not previously indicated on the shipping paper, the additional quantities must be added it the total quantity on the vehicle exceeds that indicated on the shipping papers. Q2. Is a driver required to present a shipping paper to the consignee of a hazardous material upon deliver to the consignee's cite? A2. The answer is no. Each person who offers a hazardous material for transportation shall describe that hazardous material on the shipping paper and present it to the carrier. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 030247 172,202#

Page 2OCT 06 03 04:26 FR RISK-MGMT 330 761 6247 TU 12023553012 P.01 BAHt Fax Memo §172.202 Shipping Papers DATE: 10-6-03 03-0247 TO: EDWARD MAZZULLO, DIRECTOR OF HAZARDOUS MATERIALS STANDARDS FROM: BARB GERMANO RE: Bills of Lading for Haz Mat shipments FAX: 1-202-366-3012 Our company has a delivery van which is stocked like a mini warehouse. He leaves our location in the morning with a bill of lading showing the van is stocked with 10 each 5-gallon pails of Adhesives. The driver stops at various customers throughout the day. As he makes his stops at the various customers, he may sell 2 pails of the Adhesives throughout the day. My questions are: 1. After selling 2 pails of the Adhesives, his original bill of lading will still show 10 pails, even though he has sold 2 pails. Does he have to complete a new bill of lading to show what is now in his van? 2. When he sells the 2 pails of Adhesives to a customer, does he have to present the customer with a bill of lading showing he delivered the Adhesives? Also, if we sell 6 different hazardous products, can we have a preprinted bill of lading showing all 6 products and fill in the appropriate line when we ship 1 of the products? Could you please respond in writing? Thank you, Barb Germano Phone: 330-253-5592, Fax: 330-761-6247, E-Mail: bgermano@po.myersind.com From: Barb Germano, Myers Industries, 1293 S Main St, Akron, Oh 44301 ** TOTAL PAGE.01**#