Brenntag Mid-South, Inc — Hazardous Materials Safety Interpretation

Page 1.S. Departmer f Transportatio Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety NOV 21 2005 Mr. A. B. Eargood Ref. No. 05-0250 P.O. Box 20 Brenntag Mid-South, Inc. Henderson, KY 42420 Dear Mr. Eargood: This responds to your October 6, 2005 letter requesting clarification on shipping poisons CFR Parts 171-180). Specifically, you ask if Chlorine gas in cylinders, a Division 2.3 with foodstuffs under § 177.841(e)(1) of the Hazardous Materials Regulations (HMR; 49 material, may be transported in the same motor vehicle/trailer with material that is marked as or known to be foodstuffs, feed, or edible material intended for consumption by humans or animals. According to your letter, you transport Chlorine gas in cylinders that bear an INHALATION HAZARD label. The word POISON is not present. You ask whether a letter of clarification (dated January 10, 2002) from us stating that you may transport a Division 2.3 material labeled INHALATION HAZARD with foodstuffs, but you may not transport material bearing POISON or POISON INHALATION HAZRAD label is still The answer is yes. Section 177.841(e)(1) does not restrict the transportation of a Division 2.3 material with foodstuffs. The restriction in § 177.841(e)(1) applies to a Division 6.1 material bearing a POISON or POISON INHALATION HAZARD label in Division 6.1. I hope this answers your inquiry. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 177.841 (eJ (1) 050250#

Page 210/06/2005 10:00_ FAX 270 826 1486 BRENNTAG MID-SOUTH INC Q002 Boothe 8177 8416) (1) BRENNTAGI Highway Brenntag Mid-South, Inc. 05-0250 MR. EDWARD I. MAZZULLO DIRECTOR OF HAZARDOUS MATERIALS STANDARDS DEAR SIR: F 49 CFR 177.841 (C) (1). - I AM WRITING TO REQUEST AN UPDATED CLARIFICATION A LETTER DATED JAN. 10 2002 (ATTACHED) FROM THE DEPT. OF TRANSPORTATION, STATES THAT WE CAN TRANSPORT DIVISION 2.3 TRANSPORT MATERIAL BEARING POISON OR POISON INHALATION HAZARD LABELED INHALATION HAZARD WITH FOODSTUFFS, BUT WE CAN NOT BEARING INHALATION HAZARD LABEL. THE WORD POISON IS NOT PRESENT. WE TRANSPORT CHLORINE GAS IN CYLINDERS DIVISION 2.3 49 CFR 177.841 (C) (1) IN THE SAME MOTOR VEHICLE/TRAILER WITH IS THIS LEGAL TO TRANSPORT DIVISIN 2.3 MATERIAL UNDER MATERIAL THAT IS MARKED AS OR KNOWN TO BE FOODSTUFFS, FEED OR EDIBLE MATERIAL INTENDED FOR COMSUMPTION BY HUMANS OR ANIMALS. COTACT ME. IF YOU HAVE ANY QUESTION REGARDING THIS REQUEST PLEASE A B EARGOOD BRENNTAG MID-SOUTH, INC. ans un P O BOX 20 270-830-1318 A B EARGOOD HENDERSON, KY 42420 fax 270-826-1486 beargood@brenntag.com Brenntag Mid-South, Inc. P.O. Box 20 1405 Highway 136 West Henderson, KY 42419-0020#

Page 310/06/2005_10:00 FAX 270 826 1486 BRENNTAG MID-SOUTH INC 10003 of Transportation 1.5. Departmen 400 Seranth St. S.W. Washington, D.C. 20590 Research and Special Programs Admin stration JAN 1 0 2002 Mr. Edward Dobeny Reference No.: 02-0011 Chemist, CHMM Quadra Chemicals Western, Inc. Regulatory Affairs Department 5700 NW Front Avenue Portland, OR 97210 Dear Mi. Doheny: This is in response to your letter requesting clarification relating to shipments of "fiodstuffs" in he same motor vehicle with material that is labeled POISON GAS under the provisions of the Jazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if it i to be foodstuffs. permissible to transport Division 2.3 materials in the same transport vehicle with material known materials from being transported with foodstuffs; the restriction in § 177.841 (e)(I) applics only The answer is yes. Soction 177.841(e)(1) does not restrict the transportation of Division 2.3 to materials bearing a POISON or POISON INHALATION HAZARD label in Division 6.1. I trust this satisfies your inquiry. Office of Hazardous Materials Standards 177.841(e)(0#