Arkema Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and MAR 23 2005 Administration Ms. Christina M. Kurtz Supervisor - Regulations and Packaging Ref. No. 05-0050 Arkema Inc. 2000 Market St. Philadelphia, PA 19103 Dear Ms. Kurtz: This is in response to your February 23, 2005 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code. Specifically you ask who is responsible for removing placards from a freight container after transportation ends. Under § 172.502 of the HMR, no person may affix or display on a freight container any placard described in Part 172, Subpart F unless the placard represents a hazard of the hazardous material being offered or transported. The person who will re-offer the freight container for transportation will be responsible for ensuring the appropriate placards are applied to the freight container including removal of any existing placards that are not applicable to the current load. Under the IMDG Code, paragraph 5.3.1.1.1.3 states: "all placards, orange panels, marks and signs shall be removed from cargo transport units or masked as soon as both the dangerous goods or their residues which lead to the application of those placards, orange panels, marks or signs are discharged." The IMDG Code does not specify who must perform this task; however, a carrier will be in violation of the IMDG Code and the HMR if it transports an empty freight container with placards still applied. You should also be aware that the Department of Labor's Occupational Safety and Health Administration regulations require an employer to retain all hazardous materials markings, labels and placards on incoming packages, freight 050050#

Page 2containers, rail freight cars, motor vehicles and transport vehicles containing hazardous materials, until the material is sufficiently removed from the package, container or vehicle to prevent any potential hazard (29 CFR 1910.1201). I hope this satisfies your request. Sincerely; tathe z. Mitabel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Pollack ARKEMA 51711. Applicability 05-0050 February 23, 2005 U.S. Department of Transportation PHMSA 400 Seventh Street, S.W. Washington, D.C. 20590-0001 Attn: Standards {DHM-10} Re: Placarding and $172.502 Dear Mr. Mazzullo: Scenario: A consignee receives an overseas container and unloads the container while the driver is present. Once the container is completely unloaded the placards need to be Interpretation: It is our understanding that it would be the carrier's responsibility to remove the placards since the carrier is placing the container back into the transportation system. Our contract with the carrier ended when we completely unloaded the freight. Also, we do not want to be responsible for any damage that may occur to the container when scraping off sticker placards. Some of the steamship lines believe it is the responsibility of the consignee to remove the placards. We cannot find any sections in 49CFR or the IMDG Code that states the consignee is responsible for the removal of the placards once a container is empty and is placed back on the road. Question: Are there any sections in 49CFR or the IMDG Code stating that the consignee is responsible for the removal of the placards after the hazardous material has been completely removed from the container? Shouldn't the carrier be responsible since our contract with them has ended and they are placing the container back on the highway? Sincerely, Christina M. Kuto Christina M. Kurtz Supervisor - Regulations and Packaging Arkema Inc. (formerly Atofina Chemicals, Inc. 2000 Market Street Arkema Inc. Philadelphia, PA 19103 www.arkemagroup.com Tel. : 215 419 7000#