Chemical Accident Reconstruction Services Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JUN 30 2004 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administration Special Programs Michael Fox, Ph.D. Chemical Accident. Reconstruction Ref. No. 04-0143 Services Inc. 9121 E. Tanque Verde Road # 105 Tucson, AZ 85749 Dear Dr. Fox: This is in response to your May 24, 2004 letter and subsequent classification of telephone conversation with a member of my staff concerning the a material in accordance with the Hazardous i concerning the Materials Regulations (HMR; 49 CFR Parts 171-180). properly classify Under 49 CFR 173.22, it is the shipper's responsibility to a material in accordance with the hazard class definitions in part 173 or to determine that the material does not meet a hazard class definition and does not meet the definition in § 171.8 of a hazardous substance, hazardous waste or a marine pollutant. If a material meets a hazard class hazardous waste or a marine pollutant but is not listed by name definition, or meets the definition of a hazardous substance, must be made from in the § 172.101 table, then selection of a proper shipping name corresponding to the specific hazard class, packing group, and subsidiary hazards of the material. I hope this satisfies your request. Sincerely. 1 hor Standards Development Office of Hazardous Materials Standards $172.101 040143 8/73.22#

Page 2- Chemical Accident Reconstruction Services, Inc. May 24, 2004 Via First Class Mail BAH U.S. Department of Transportation Office of Hazardous Materials Standards $172.101 ATTN: Director Washington, D.C 20.590 Shipping Name 04-0143 Re: Emergency Response Information Dear Director: It is my understanding from reviewing the DOT Regulations (49 CFR 172.602) and letters of clarification that the requirement for Emergency Response Information (ERI) is fulfilled if the bill of lading contains the appropriate information along with the UN number for the hazardous material and the DOT Emergency Response Guide (ERG) is also available. In many instances the hazardous materials are listed by name in the DOT table 172.101. However, in many other instances the materials are not listed by name. My question is, when the material is not listed by name, what steps or procedures must be followed to assign the "appropriate" UN number? In other words, is an "educated guess" at the UN number acceptable, or are there specific steps and procedures that must be followed? What if the material is relatively new and has not been fully characterized? What if toxicity has not yet been determined? What sort of documentation and record keeping are required? Thank you for your assistance. Sincerely, MICHAEL FiX Michael Fox, Ph.D. Founder 9121 E. Tanque Verde Road #105, Tueson, Arizona 85749 800-MIKE-FOX (645-3369) Fax: 520-749-0861#