{"operation":"document","citation":"04-0062","title":"Vanderbilt Chemical Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-24","effective_on":null,"summary":"04-0062 response to Vanderbilt Chemical Corporation concerning 173.427.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0062.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0062.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0062","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040062.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpeciai Programs\nResearch and\nMAR 24 2004\nWashington, D.C. 20590\nAcministration\nMr. Joe Curtis\nEnvironmental Manage\nRef. No. 04-0062\nVanderbilt Chemical Corporation\nMurray Division\n396 Pella Way\nMurray, KY 42071\nDear Mr. Curtis:\nThis is in response to your letter dated March 10, 2004 regarding the definition of a bulk packaging\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if\nthe statement \"...in which hazardous materials are loaded with no intermediate form of containment...\"\nfound in § 171.8 under the definition of a bulk packaging precludes you from transporting a material\nclassed as \"Toxic solid; organic, n.o.s. (zinc dimethyldithiocarbamate), 6.1, UN2811, PG I\" in a\n\"11HH2/X\" intermediate bulk container (IBC) if the hazardous material is pre-packaged in small, non-\nspecification paper bags.\nAs long as the material is packaged in an authorized bulk packaging the fact that it is pre-packaged in\nsmall, non-specification paper bags is not relevant. Note, however, that the bags must not react\ndangerously with the material or reduce the integrity of the authorized bulk packaging. According to\nColumn 7 of the Hazardous Materials Table (HMT; § 172.101) a material that is classified as \"Toxic\nsolid, organic, n.o.s. (zinc dimethyldithiocarbamate), 6.1, UN2811, PG I\" is authorized to be packaged\nin IBCs conforming to the requirements of Special Provision IB7. According to IB7, an IBC identified\nwith the marking code \"11HH2/X\", which represents a composite IBC with a flexible inner receptacle\nand a plastic outer packaging that has passed all performance tests at the PG I level, is authorized.\nTherefore, it is our opinion that your packaging configuration is authorized under the HMR.\nI hope this satisfies your request.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.427\n040062\n\n<<<PAGE 2>>>\n\nSupko\n§173.421\nVANDERBILT CHEMICAL CORPORATION\nMurray Division • 396 Pella Way • Murray, Kentucky 42071\nPackagings 04-0062\nPhone - 270-753-4926 • Facsimile - 270-759-9692\nMarch 10, 2004\nVia: Federal Express # 6496 2535 8023\nMr. Edward T. Mazzullo\nOffice of Hazardous Materials Standards\nU.S. DOT, Research & Special Programs Administration\n400 Seventh St., SW, DHM-10\nWashington, DC 20590-0001\nDear Mr.\nMazzullo:\nSubject: Request for Interpretation\nVanderbilt Company Incorporated (collectively Vanderbilt). Vanderbilt manufactures,\nVanderbilt Chemical Corporation is a wholly owned manufacturing subsidiary of R.T.\nsells and distributes chemicals around the world. Some of these chemicals are\nhazardous materials pursuant to Title 49 Parts 171 - 180 (HMR). I am writing to confirm\nmaterial that we need to transport in commerce.\nour understanding of how these regulations may be met for consignments of a particular\nThe commercial name of this material is Methyl Zimate® (zinc dimethyldithiocarbamate).\nMethyl Zimate® is a dry powder, and it is physically stable at all anticipated ambient\ntemperatures. The typical end user is someone making molded rubber devices using\nsmall quantities of the material at a time.\nMethyl Zimate® is a class 6.1 - Toxic due to its inhalation toxicity (LC50 = 81 mg/m? -\n\"TOXIC SOLID, ORGANIC, NOS (ZINC DIMETHYLDITHIOCARBAMATE), 6.1, UN\nrat), but does not meet any other hazard class. Vanderbilt has described the material as\n2811, PG I.\" The hazardous material table, § 172.101, authorizes intermediate bulk\ncontainers (IBC's) pursuant to § 173.242(d) and special condition IB7. Vanderbiit\nproposes to use composite IBC's rated 11HH2/X as the outer packaging.\nIn order to reduce worker exposure and generally facilitate handling by end user's\nthat are, in turn, placed in the authorized IBC. In addition to improving safety and health\nemployees, we intend to pre-package the material in small, non-specification paper bags\nfor the end users employees, this bulk package will simplify storage and handling by the\nend user, and will be more efficiently transported than, for example, multiple smaller fiber\nFurther, we intend to mark each non-specification (inner) package with the material's\nWe will be shipping this material directly to the end user under exclusive use conditions.\ncommercial name, appropriate health and safety warnings and a statement saying, in\nessence, \"this is a non-specification package.\" These markings will communicate\nnecessary safety and health information to affected employees, and will help ensure that\n\n<<<PAGE 3>>>\n\nMARCH 10, 2004\nMR. EDWARD T. MAZZULLO\nPAGE 2\nthe material is not re-offered for transportation in these non-specification packages\non these bags.\nalone. No hazard class label, proper shipping name or UN number markings will appear\nThese IBC's are authorized for use as bulk packagings for our material. They will be\nthe materials were loose inside the IBC. The addition of the smaller non-specification\nsufficiently tight to prevent any release of the material during routine transport, even if\ninner packages will add to the level of safety inherent in the specification IBC.\nstates,\nOur concern is with that portion of the definition of \"bulk packaging\" at § 171.8 that\ncontainment ....\" Since the paper bags are non-specification packages, we would like\n...in which hazardous materials are loaded with no intermediate form of\nyour confirmation that they do not constitute an \"intermediate form of containment\" that\nnegate shipping them inside an authorized bulk packaging.\nfor a similar situation - see RSPA Reference No. 02-0278 (attached for your\nOur search of your files found a favorable interpretation to essentially the same question\nconvenience). In this situation, RSPA found that a hazardous material might be\ncontained in non-specification non-buik inner packagings so long as the main, or outer,\npackaging was authorized. Ms. Hattie L. Mitchell, RSPA's reviewer, concluded \"(t)he\nfact that the material is further contained in non-bulk packagings is not relevant.\"\nVanderbilt thanks you for considering this matter. If you have any questions, comments\njcurtis@rtvanderbilt.com or call me at 270-753-4926.\nor concerns regarding this request for interpretation please e-mail me at\nBest regards,\nJoe Curtis\nEnvironmental Manager\njec\nEnclosures (3 pages)\ncc: Betty-Lynn White, Esq. (RTV)","truncated":false,"body_characters":6349}