Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and Washington, D.G. 20590 Administration MAR - 9 2004 Mr. Wade A. Winters Ref. No. 04-0017 240 Joshua Road Regulatory Resources, Inc. Kennewick, WA 99338 Dear Mr. Winters: This responds to your January 14, 2004, letter requesting clarification on the classification criteria for toxic materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your urethane polymer product containing 89% bifenthrin, when shipped in a solid pancake disk form, meets the defining criteria in § 173.132(d) for a Division 6.1 material at the Packing Group Ill level. According to the material safety data sheet enclosed with your letter, the toxic constituent (bifenthrin) in your urethane polymer product does meet the defining criteria in § 173.132(d) for oral toxicity. However, you indicate that the physical form of the product that contains the toxic material makes poisoning unlikely. You state that, given the physical form of the product, which is a solid pancake- shaped disk approximately 4 inches by 4 inches and 0.125 inch thick, the product does not meet the defining criteria in Part 173 and, thus, does not pose a risk in transportation. Based on the information provided, it is the opinion of this Office that, when shipped in the solid disk form, the bifenthrin contained in your urethane polymer product does not pose a risk in transportation because the bifenthrin is completely contained in the urethane polymer product. As you note, exposure to or ingestion of the bifenthrin contained in the urethane polymer product is extremely unlikely to occur. Therefore, in its solid disk form, your product does not meet the definition of a hazardous material and is not subject to the HMR. I hope this answers your inquiry. Sincerely, Unas Lif Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173.183 040017#

Page 2Boothe §173.132 Haz Definition Regulatory CAt 2 deta Roads Resources in. 04-0017 Kennewick, WA 99338 voice: 509-628-1020 fax: 509-628-0972 "The Source You Come Back To". wade@regulatoryresources.net www.regulatoryresources.net January 14, 2004 Mr. Edward T. Mazzullo U.S. Department of Transportation DHM-10 Office of Hazardous Materials Standards Washington, DC 20590-0001 400 7th St., S.W. Dear Mr. Mazzullo, 173.132(d) of a urethane polymer product that is considered toxic (PG III) for transport when at a 23.75% Regulatory Resources, Inc. (RRI) is requesting a classification determination in accordance with 49 CFR international hazardous materials transport regulations and domestic hazardous waste management concentration or greater. RRI is a small business that provides training and consulting in domestic and regulations. A question recently arose as to the applicability of toxicity when the route and means of toxicity is unlikely. basically like that of the Rhino Linings® sprayed in truck beds. The primary urethane product is a pancake The question concerns a polymerized urethane product. The physical attributes of the product are shaped disk approximately 4 inches by. 4 inches and 0.125 inch thick. Two other product sizes may also 89%, has an oral LD50 (rat) of 53.4 mg/kg. and an inhalation toxicity (rat) of 3.2 mg/L (adjusted for a one hour The toxicity constituent in the urethane product is the pesticide bifenthrin (MSDS attached). Bifenthrin, at Hazardous Material Regulations in 49 CFR 173.132(b)(3)iii) and RPSA have already indicated that the exposure). The concentration of bifenthin in the urethane product does not exceed 40%. The DOT inhalation toxicity route is not applicable since the urethane product containing the pesticide material, in transport, is not respirable as a dust nor available as a vapor (vp <1.8E-7mm Hg @ 25°C). "Your zinc dimethyldithiocarbamate shipped as a dust is classified as a poisonous material because it meets the acute inhalation toxicity criteria in §173.132 for Class 6, Division 6.1 material. When (oral, dermal, and inhalation).." [Letter, RSPA to Ms. Denese A Deeds, CIH, 1995] shipped in the micropearl form, the zinc dimethyldithiocarbamate does not meet the toxic criteria "If your hazardous material is in a form due to its low vapor pressure such that it cannot readily does not have to be considered in the determination of whether or not it is a poison under the vaporize or mist under conditions normally incident to transportation, then that route of exposure HMR." [Letter, RSPA to Mr. James R. Barrett, January 29, 1997]#

Page 3240 Joshua Road Regulatory Resources, Inc. Voice: 509-628-1020 • Kennewick, WA 99338 www.regulatoryresources.net Fax: 509-628-0972 January 14, 2004 Mr. Edward T. Mazzullo Page 2 Although the oral toxicity test data indicates the material is toxic, the physical form of the product which bite a piece of the urethane product, a feat requiring the jaw strength of a pit bull. Even ingestion of the contains the pesticide makes poisoning unlikely. To ingest the product someone would have to physical deliberate ingestion occured, not likely cause acute poisoning since it is not digestible. Further, bifenthrin one inch square urethane product would require persistent effort. The urethane product would, if itself has moderate stability in soil and is not mobile. In the unlikely event of a release in transport, environmentai concerns are basically eliminated since the pesticide is bound in the urethane product (one purpose of this product is direct application to soil as a sheeting barrier for insects). concerning the classification of the product to the Division 6.1 toxicity criteria. RRi believes the product is Given the physical nature of the urethane product containing the bifenthrin, RRI seeks RSPA's opinion in a form that does not pose a risk under conditions normally incident to transportation. I appreciate you attention to this matter. Please contact me if you have any questions or require additional information. For Regulatory Resources, Inc., President Wade A. Winters, CET, CHMM Enclosures WAW/lom#