Vanderbilt Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Speciai Programs Research and MAR 24 2004 Washington, D.C. 20590 Acministration Mr. Joe Curtis Environmental Manage Ref. No. 04-0062 Vanderbilt Chemical Corporation Murray Division 396 Pella Way Murray, KY 42071 Dear Mr. Curtis: This is in response to your letter dated March 10, 2004 regarding the definition of a bulk packaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the statement "...in which hazardous materials are loaded with no intermediate form of containment..." found in § 171.8 under the definition of a bulk packaging precludes you from transporting a material classed as "Toxic solid; organic, n.o.s. (zinc dimethyldithiocarbamate), 6.1, UN2811, PG I" in a "11HH2/X" intermediate bulk container (IBC) if the hazardous material is pre-packaged in small, non- specification paper bags. As long as the material is packaged in an authorized bulk packaging the fact that it is pre-packaged in small, non-specification paper bags is not relevant. Note, however, that the bags must not react dangerously with the material or reduce the integrity of the authorized bulk packaging. According to Column 7 of the Hazardous Materials Table (HMT; § 172.101) a material that is classified as "Toxic solid, organic, n.o.s. (zinc dimethyldithiocarbamate), 6.1, UN2811, PG I" is authorized to be packaged in IBCs conforming to the requirements of Special Provision IB7. According to IB7, an IBC identified with the marking code "11HH2/X", which represents a composite IBC with a flexible inner receptacle and a plastic outer packaging that has passed all performance tests at the PG I level, is authorized. Therefore, it is our opinion that your packaging configuration is authorized under the HMR. I hope this satisfies your request. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 173.427 040062#

Page 2Supko §173.421 VANDERBILT CHEMICAL CORPORATION Murray Division • 396 Pella Way • Murray, Kentucky 42071 Packagings 04-0062 Phone - 270-753-4926 • Facsimile - 270-759-9692 March 10, 2004 Via: Federal Express # 6496 2535 8023 Mr. Edward T. Mazzullo Office of Hazardous Materials Standards U.S. DOT, Research & Special Programs Administration 400 Seventh St., SW, DHM-10 Washington, DC 20590-0001 Dear Mr. Mazzullo: Subject: Request for Interpretation Vanderbilt Company Incorporated (collectively Vanderbilt). Vanderbilt manufactures, Vanderbilt Chemical Corporation is a wholly owned manufacturing subsidiary of R.T. sells and distributes chemicals around the world. Some of these chemicals are hazardous materials pursuant to Title 49 Parts 171 - 180 (HMR). I am writing to confirm material that we need to transport in commerce. our understanding of how these regulations may be met for consignments of a particular The commercial name of this material is Methyl Zimate® (zinc dimethyldithiocarbamate). Methyl Zimate® is a dry powder, and it is physically stable at all anticipated ambient temperatures. The typical end user is someone making molded rubber devices using small quantities of the material at a time. Methyl Zimate® is a class 6.1 - Toxic due to its inhalation toxicity (LC50 = 81 mg/m? - "TOXIC SOLID, ORGANIC, NOS (ZINC DIMETHYLDITHIOCARBAMATE), 6.1, UN rat), but does not meet any other hazard class. Vanderbilt has described the material as 2811, PG I." The hazardous material table, § 172.101, authorizes intermediate bulk containers (IBC's) pursuant to § 173.242(d) and special condition IB7. Vanderbiit proposes to use composite IBC's rated 11HH2/X as the outer packaging. In order to reduce worker exposure and generally facilitate handling by end user's that are, in turn, placed in the authorized IBC. In addition to improving safety and health employees, we intend to pre-package the material in small, non-specification paper bags for the end users employees, this bulk package will simplify storage and handling by the end user, and will be more efficiently transported than, for example, multiple smaller fiber Further, we intend to mark each non-specification (inner) package with the material's We will be shipping this material directly to the end user under exclusive use conditions. commercial name, appropriate health and safety warnings and a statement saying, in essence, "this is a non-specification package." These markings will communicate necessary safety and health information to affected employees, and will help ensure that#

Page 3MARCH 10, 2004 MR. EDWARD T. MAZZULLO PAGE 2 the material is not re-offered for transportation in these non-specification packages on these bags. alone. No hazard class label, proper shipping name or UN number markings will appear These IBC's are authorized for use as bulk packagings for our material. They will be the materials were loose inside the IBC. The addition of the smaller non-specification sufficiently tight to prevent any release of the material during routine transport, even if inner packages will add to the level of safety inherent in the specification IBC. states, Our concern is with that portion of the definition of "bulk packaging" at § 171.8 that containment ...." Since the paper bags are non-specification packages, we would like ...in which hazardous materials are loaded with no intermediate form of your confirmation that they do not constitute an "intermediate form of containment" that negate shipping them inside an authorized bulk packaging. for a similar situation - see RSPA Reference No. 02-0278 (attached for your Our search of your files found a favorable interpretation to essentially the same question convenience). In this situation, RSPA found that a hazardous material might be contained in non-specification non-buik inner packagings so long as the main, or outer, packaging was authorized. Ms. Hattie L. Mitchell, RSPA's reviewer, concluded "(t)he fact that the material is further contained in non-bulk packagings is not relevant." Vanderbilt thanks you for considering this matter. If you have any questions, comments jcurtis@rtvanderbilt.com or call me at 270-753-4926. or concerns regarding this request for interpretation please e-mail me at Best regards, Joe Curtis Environmental Manager jec Enclosures (3 pages) cc: Betty-Lynn White, Esq. (RTV)#