Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration JUL 27 2006 Mr. Wade Winters Ref. No. 06-0076 240 Joshua Road Regulatory Resources, Inc. Kennewick, WA 99338 Dear Mr. Winters: This is in response to your March 30, 2006 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a product consisting of small amounts of hazardous materials absorbed into polyethylene pellets. You enclosed a picture of the pellets and the packaging. You also enclosed material safety data sheets for the following product constituents: piperidine, a corrosive liquid; pyrazine, a flammable solid; 1-methylpiperazine, a corrosive, flammable liquid; 1-methy piperidine, a flammable liquid, corrosive; and 1-methylpyrrolidine, a flammable liquid, corrosive. constituents completely absorbed in a vacuum environment into porous polyethylene According to your letter, each product to be shipped contains one or more of the above pellets. The pellets are placed into a plastic dish and heat sealed in individual metalized polyethylene packets. Once the packet is sealed, a 2-3 mm hole is created on one surface weighs approximately 2.75 grams and contains between 0.7 and 1 gram of constituent of the packet then resealed with metalized self-adhesive tape. Each completed packet state the small amount of hazardous material absorbed into the polyethylene pellets further material. The package as prepared for transport consists of 16-32 individual packets. You contained within the packet do noi pose a risk in transportation You did not provide sufficient information on the final product to make a deterrination properly class a material as hazardous or non-hazardous. This office does not perform regarding classification. Under § 173.22 of the HMR, it is the shipper's responsibility to that function. 173.22 173.136 (b) 060076#

Page 2If you determine that the material in the form it will be offered for transportation does not to the HMR. meet the definition of any hazard class or division in the HMR, the material is not subject I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Office of Hazardous Materials Standards Chief, Standards Development#

Page 303/30/2006 12:42 FAX 509 628 0972 Regulatory Resources Inc 2002/003 Leary Regulatory $173.22 Kennewick, WA 99338 240 Joshua Road ¡ Resources.. 5173-13666) volce: 509-528-1020 fax: 509-628-0972 The source You Come Back to d Shipper's Responsibility wade@regulatoryresources.net www.regulatoryresources.net 06-0076 March 30, 2006 .... Mr. Edward T. Mazzullo "== Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590-0001 400 7t Street S.W. Dear Mr. Mazzullo. Regulatory Resources, Inc. (RRI) Is a consulting and training company serving clients sublect to the Agency (EPA) solid and hazardous waste management regulation. As provided In 49 CFR 173.136(b), RRI Department of Transportation (DOT) Hazardous Materlals Regulations (HMRs) and the Environmental Protection We do not believe that the materlal, as presented for transport, poses a risk In transportation. Is requesting a determination for the classification of a product with limited amounts of a Class 8 corrosive. Each product to be shipped contains one or more of the following active constituents: • 1-methylpyrolidine (flammable and corrosive llauld) - aluminum corrosion • 1-methylplperazine (corrosive and flammable liquld) - aluminum corrosion • 1-ethylpiperazine (flammable Ilquid) • 1-methylpiperldine (flammable and corrosive llquid) - aluminum corrosion • piperidine (corrosive and flammable llquid) - aluminum corrosion The actives above are absorbed in a vacuum environment Into very porous MP-100 polyethylene pellets • == (e.g.. no free liquid available). These pellets are placed onto a small plastic boat dish and the entire assembly is heat sealed in individual metalized polyethylene packets. The metalized polyethylene is constructed of a thin aluminum foll surrounded on both sides by a polyethylene film; it Is the same metalized 1.65 grams of aluminum avallable per packet. Once heat sealed, a small 2-3mm hole is made in one polyethylene used for military MRI ratlons (Marvelseal 470, MIL-B-131J, Type 1, Class 1). There Is approximately surface of the packet and covered and sealed with metallzed self-adhesive tape. The entire packet, when completed, welghs approximately 2.75 grams. future to up to two grams per packet. During testing. 0.7 grams active reacted in the packet configuration Each sealed packet contains between 0.7 to 1 gram of absorbed active. This amount may Increase in the only 1,000 grate luminum avalable in contact with the dete 2 mill would rake apront o 87.5 times more active to react with the available aluminum (1.65 grams). Hence, in the urlikely event the transport, there needs to be 98.86% more active In each packet to react with the aluminum of just one polyethylene liner were to be breached, given the amount of active and configuration of the product for The package configuration for transport will consist of 16-32 Individual packets. The packet assembly Itself Is capable of withstanding, without leakage, standard pressure at 130°F.#

Page 403/30/2006 12:43 FAX 509 628 0972 Regulatory Resources Inc 2003/003 Regulatory Resources, Inc. Kennewick, WA 99338 240 Joshua Road Voice: 509-628-1020 ww. regulatoryresources. Fax: 509-628-0972 March 30, 2006 Mr. Mazzullo Page 2 ..•.. concurrence in our classification determinatlon. RRI belleves that the actives as presented for transport do not pose a risk in transportation. We seek your Thank you. Please call if you have any questions or need further Information. For Regulatory Resources, Inc., WANTS President Wade A. Winters, CET, CHMM WAW/lom ... .... ..=#