Reagent Chemical & Research, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Administration Special Programs MAR 18 2004 Mr. Robert Dritschel Reagent Chemical & Research, Inc. Ref. No. 04-0044 Manager - Technical Services 124 River Road Middlesex, NJ 08846 Dear Mr. Dritschel: This is in response to your letter dated February 26, 2004 regarding the transportation and handling of sample containers of "Hydrochloric acid solution, UN1789, Class 8, PG II" under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). Specifically, you ask if this material could be transported as a limited quantity or as a material of trade. You want to transport the sample in a combination packaging consisting of an inner packaging, absorbent material, and outer PVC sleeve. Further, you state that the PVC sleeve will be fastened to the dolly leg subframe of the bulk trailer. From the information you provided it is our opinion that your "Hydrochloric acid solution, UN1789, Class 8, PG I" is eligible for both the limited quantity exception and the materials of trade exception. In order to utilize those exceptions you must adhere to the requirements of § 173.154 and § 173.6, respectively. I hope this satisfies your request. Sincerely, ohn A. Gal ( Chief, Standards Development Office of Hazardous Materials Standards 040044 173.154#

Page 2REAGENT Reagent Chemical & Research, Inc. 124 RIVER ROAD • MIDDLESEX, NEW JERSEY 08846 CHEMICAL OFFICE: (732) 469-0101 • FAX: (732) 469-1074 February 26, 2004 Supko §173.154 Mr. Edward T. Mazzullo US DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards Exceptions 400 7* Street SW 02-0044 Washington, DC 20590-0001 Dear Edward, In response to a customer inquiry, I am writing to you in order to get a formal letter of interpretation on the transportation and handling of sample containers of hydrochloric acid solution, UN 1789, Class 8, PG II. Reagent Chemical & Research, Inc. distributes hydrochloric acid solution in their privately owned bulk tank trailers for delivery to their customers. Several customers are now requiring a co-shipment of the material to accompany the bulk shipment. In order to transport this sample quantity (1 pint), along with the bulk container, it would require an additional package to be carried along with the bulk container. Reagent Chemical & Research, Inc. would like to carry this sample container on the trailer, rather than in the tractor of the delivering vehicles. Reagent Chemical & Research, Inc. proposes to carry this limited quantity, as defined in 49 CFR 173.154, in a PVC sleeve that is attached to the dolly leg subframe on the bulk trailer. This PVC sleeve shall be capped on the bottom and have a threaded top in order to ensure protection against damage of the sample container. This PVC sleeve would also have absorbent material at the bottom in that the transportation of the sample in this manner complies with the limited quantity order to absorb any accidentally spilled quantity. It is Reagent Chemical's interpretation exemption as stated in 49 CFR173.154 , which requires a limited quantity (less than 0.3 gallon) packed in materials that will not be degraded with strong outer packaging. Also, due to the fact that Reagent Chemical & Research, Inc. is in the business of would also apply with regard to packaging as stated in 49 CFR 173.6 (b). Reagent wholesale trade of Hydrochloric Acid Solution, the exemption of materials of trade s in direct support of our principal business of wholesale trade of hydrochloric aci hemical & Research, Inc. is a private motor carrier and the transportation of this sampl solution. This CFR states that materials of trade may be transported in containers and in... compartments. outer packagings not being required for receptacles that are secured against movement CRATERED UL Reagent Chemical & Research, Inc. Registered to ISO 9002 File # A6831#

Page 3February 26, 2004 US DOT/RSPA Letter of Interpretation Reagent Chemical & Research, Inc. requests your interpretation on the usage of the above mentioned container to be used for the transportation of hydrochloric acid solution samples and its compliance with applicable Federal Regulations regarding hazardous Material transportation. Sincerely: Mgr - Technical Services CC: David Matuszkiewicz (Reagent Chemical) Kelly Buell (Dow Chemical#