Hammond, Group, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration JUL 13 2004 Mr. James Bandstra Ref. No. 04-0144 Environmental Manager Hammond, Group, Inc. 1414 Field Street Hammond, IN 46325-6408 Dear Mr. Bandstra: This is in response to your May 5, 2004 letter regarding classification of certain lead compounds destined for export transportation under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your company is allowed to classify your product as "Lead compounds, soluble, n.o.s., Division 6.1" for export poisonous materials. You state the material is a soluble lead compound and contains a transportation when it is known by testing not to meet the Division 6.1 criteria for reportable quantity of lead metal. The shipping name "Lead compounds, soluble, n.o.s." may not be used for a material that does not meet the criteria for a Division 6.1 material as specified in § 173.132 of the HMR. If you wish to apply for an exemption, the application for exemption procedures is found in § 107.105 of the HMR, or you may contact the Office of Hazardous Materials Exemptions and Approvals at 202-366-4511. I hope this information is helpful. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 040144 172.101#

Page 2HAMMOND Foster HAMMOND GROUP, INC. $172.101 Proper Shipping Name May 19, 2004 400 7th Street, SW, Room 8430 Office of Hazardous Materials Standards, DHM-10 04-0144 Washington, DC 20590 Dear Sir or Madam: for certain lead compounds destined for export. I have been directed to your office to pose a question concerning the proper shipping description In discussions this week with Shane Kelley of the RSPA International Standards office, l criteria for poisonous materials. It is also a soluble lead compound and has an RQ for lead metal. explained that our company ships a lead compound known by testing not to meet the Division 6.1 is required to be used for our product. The following opinion was provided by Mr. Kelley on May The question before us was whether the "Lead compounds, soluble, n.o.s. Division 6.1" category >5% solubility) is toxic is incorrect. The Division 6.1 testing is the primary method of "In our opinion the assumption that a material failing the solubility test (i.e. exhibiting a expensive) means of determining whether a lead compound is soluble. However in The solubility test is a secondary (and less irrespective of the results of the solubility test." It is clear from the above response that our material should be shipped for domestic transport as a Class 9 Environmentally Hazardous Substance (RQ lead metal) and not as a Division 6.1 According to IMDG lead solubility test procedures, however, European producers are calling products labeled in a similar manner. The question I pose here, then, is can our company ship these materials (possibly in error) Div. 6.1 poisons. Our EU customers expect to have our be in compliance with DOT regulations, since we know the material is not a Division 6.1 material? this product for export labeled as Division 6.1 hazardous material rather than as Class 9 and still If you have any questions, feel free to contact me anytime. Sincerely, James Bandstra james Simstio Hammond Group, Inc. vironmental Manager 1414 Field Street • Post Office Box 6408 • Hammond, IN. 46325-6408 Tel: 219-931-9360 • FAX: 219-931-2140#