Charkit Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUL 2 4 2007 Mr. Steve J. Catania Ref. No.: 07-0133 Regulatory Compliance Manager 32 Haviland Street Charkit Chemical Corporation P.O. Box 90 South Norwalk, CT 06854 Dear Mr. Catania: substance under the Hazardous Materials Regulations (HMR; 49 CFR Parts171-180). In your This is in response to your letter dated June 28, 2007, regarding the definition of a hazardous letter, you state that an inspector advised you that reportable quantities, (RQ) are determined on a per package basis and that packages banded together on a pallet are collectively added to pallet, or shipment basis. determine the RQ value. Specifically, you ask whether the RQ is determined on a per package, Under § 171.8, a hazardous substance is defined as a material including its mixtures and solution, that (1) is listed in the list of Hazardous Substances and Reportable Quantities, in § 172.101, Table 1 to Appendix A of the HMR; (2) is in a quantity, in one package, which equals or exceeds it reportable quantity; and (3) is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the table under pound of that material is contained in the mixture per package and the concentration by weight of § 171.8. A material with a RQ of 1 pound (e.g., PCBs) is a hazardous substance, when at least 1 the material in the mixture equals or exceeds 0.002 percent (20 ppm). The RQ must be met or exceeded in a quantity per package. Therefore, the definition of a hazardous substance does not include the aggregate of packages placed or stacked onto a load board such as a pallet and secured by strapping, shrink wrapping, stretch wrapping, or other suitable means for convenience in handling of a package or to consolidate two or more packages. I trust this satisfy your inquiry. Please contact us if we can be of further assistance. Sincerely, that Tatt Office of Hazardous Materials Standards Senior Transportation Regulations Specialist 171.8 070133 172.101 Tablel App. A#

Page 2! Drakeford, Carolyn <PHMSA> Drakeford Sent: From: INFOCNTR <PHMSA> $171.8 Subject: To: Drakeford, Carolyn < PHMSA> Monday, June 25, 2007 10:37 AM FW: Information Center Comments/Questions Definitions 19-013 From: Scatania@Charkit.com [mailto:Scatania@Charkit.com] -----Original Message-- To: INFOCNTR < PHMSA> Sent: Friday, June 22, 2007 6:39 PM Subject: Information Center Comments/Questions (Scatania@Charkit.com) on Friday, June 22, 2007 at Below is the result of your feedback form. It was submitted by Steve Catania 18:39:08 Email: Scatania@Charkit.com Name: Steve Catania Communications Category: Hazardous Materials Table, Special Provisions, Hazardous Materials Phone: 203-299-3262 quantity is determined on a per package, per pallet, or per shipment basis. When we had a Comments: Regarding Reportable Quantities ("RQ"), the 49 CFR is unclear to me if this confirm if the RO quantity thresholds indicated in Appendix A of Part 172 is per package? DOT inspector visit, the inspector told me that the RO quantity is per package. Can you Can you show me where in the regulations it states information? considered an "overpack" and therefore is defined as one package and qualifies the total Additionally, the DOT inspector stated that any materials shrink wrapped on a pallet is weight of the pallet towards the RQ threshold. the regulations it states this? Is this true? Can you show me where in Can I receive an official letter of interpretation from the DOT answering these questions? I look forward to your response. Best regards, Steve Catania#

Page 3Drakeford Charkit Chemical Corporation 32 Haviland Street. PO. Box 90. South Norwalk, C1 06854 $171.8 www.charkit.com • email: sales@charat.com 203-299 3220 • Fox: 203-299-1355 Definitions 07 - 0133 June 28, 2007 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building 2n° Floor Washington, DC 20590 Dear Mr. Edward T. Mazzullo: the 49 CFR. The regulation found in part 172.101 App. A doesn't clarify how the I am writing to your office for an official interpretation on the Reportable Quantities of reportable quantity is determined. It is unclear to me if the reportable quantity is on a per package, per pallet, or per shipment basis. In March of 2006, DOT conducted an audit of our headquarters and one of our public warehouses. In that audit, the inspector advised us that reportable quantities are packs") are collectively added and qualify against the RQ value. I could not validate his determined per package size but that all packages banded together on a pallet (over declaration using the 49 CFR. Therefore, can you provide Charkit with an official letter of interpretation regarding the determination of reportable quantities? I look forward to receiving your interpretation and if you have any questions regarding my request, please feel free to contact me at 203-299-3262. Sincerely, CHARKIT CHEMICAL CORPORATION Regulatory Compliance Manager#