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

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration APR 15 2004 Mr. Robert Dritschel Ref. No. 04-0084 Reagent Chemical & Research, Inc. Manager - Technical Services 124 River Road Middlesex, NJ 08846 Dear Mr. Dritschel: This is in response to your letter dated April 2, 2004 and subsequent telephone conversation with Ben Supko of my staff 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 II", packaged and transported as described above, 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. Sincerel John A Gale Chief, Standards Development Office of Hazardous Materials Standards 040084 §173.154#

Page 2REAGENT® Reagent Chemical & Research, Inc. 124 RIVER ROAD • MIDDLESEX, NEW JERSEY 08846 CHEMICAL OFFICE: (732) 469-0101 • FAX: (732) 469-1074 Supko March 25, 2004 §173.154 Mr. Edward T. Mazzullo US DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards Exceptions 400 7* Street SW 04-0084 Washington, DC 20590-0001 Dear Edward, Reagent Chemical is requesting further information on the application of the use of the Upon receiving the letter dated March 18, 2004 from your department (Attached), limited quantity exception and/or the materials of trade exception with regard to the specific handling and packaging of sample quantities (1 Pint) of hydrochloric acid solution, UN 1789, Class 8, PG II. As detailed previously, Reagent Chemical & Research, Inc. distributes hydrochloric acid Several customers are now requiring a co-shipment of the material to accompany the bulk solution in their privately owned bulk tank trailers for delivery to their customers. container, it would require an additional package to be carried along with the bulk shipment. In order to transport this sample quantity (1 pint), 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 protection against damage of the sample container. This PVC sleeve would also have sleeve shall be capped on the bottom and have a threaded top in order to ensure absorbent material at the bottom in order to absorb any accidentally spilled quantity. It is Reagent Chemical's interpretation that the transportation of the sample in this manner complies with the limited quantity exemption as stated in 49 CFR173.154, which degraded with strong outer packaging. requires a limited quantity (less than 0.3 gallon) packed in materials that will not be Also, due to the fact that Reagent Chemical & Research, Inc. is in the business of wholesale trade of Hydrochloric Acid Solution, the exemption of materials of trade would also apply with regard to packaging as stated in 49 CFR 173.6 (b). Reagent Reagent Chemical & Research, Inc. Registered to ISO 9001 File # A6831#

Page 3March 25, 2004 US DOT/RSPA Letter of Interpretation Chemical & Research, Inc. is a private motor carrier and the transportation of this sample is in direct support of our principal business of wholesale trade of hydrochloric acid outer packagings not being required for receptacles that are secured against movement olution. This CFR states that materials of trade may be transported in containers anc in.. compartments. exemption and the materials of trade exemption is acceptable as stated in the above detail. Your letter dated March 18, 2004 states that the application of the limited quantity The specific interpretation requested is the application of 49 CFR 173.154 and 49 CFR 173v6e with ge lo the cieseto do peakests go durineration on as stated f 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/ Attachment - RSPA letter dated 3/18/04 CC: David Matuszkiewicz (Reagent Chemical) Kelly Buell (Dow Chemical)#