Disposal Safety Incorporated — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Ave .• SE u.s. Department Washington, DC 20590 ofTransportation Pipeline and Hazardous Materials Safety Administration December 10,2009 Mr. Steven Amter Senior Scientist Disposal Safety Incorporated 1001 Connecticut Avenue, NW, Suite 525 Washington, DC 20036 Reference No. 08-0063R Dear Mr. Arnter: This letter clarifies my May 16, 2008 response and is in further reference to your March 7, 2008 letter and your March 14,26, and April 8, 2008 telephone conversations with a member of my staff concerning a tank car that contains ortho-Toluidine (o-Toluidine). You asked if a warning label or sign may be placed near the tank car's unloading outlet under the Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180). You stated the image of the sign or label had not been determined, but would likely take the shape ofa circle, square, or rectangle. Ortho-toluidine is listed as "UNI708, Toluidines, 6.1, PO II," in the Hazardous Materials Table, § 172.101 in the HMR. The material is also listed as 0-Toluidine in Table 1 to Appendix A in § 172.101 and is regulated as a hazardous substance, as defined in § 171.8, when the quantity of 0-Toluidine in one package equals or exceeds its reportable quantity (RQ) value of 100 pounds. Ifthe quantity of material being transported in one package meets or exceeds the RQ for o-Toluidine, the letters "RQ" must be included either before or after the basic description on the shipping paper. When transported in a tank car, the tank must be marked on each side and each end with the identification number "1708" in accordance with §§ 172.330(a)(1 )(i) and 172.332. Provided the proposed sign or label by its color, design, shape, or content cannot be confused with and does not conflict with a marking, label or placard prescribed in the HMR, the placement of a label or sign near a tank car's unloading outlet is not prohibited under the DOT regulations. See the requirements in §§ 172.304(a)(4), 172.401(b), and 172.502(a)(2). A sign or label on a tank car must also comply with the tank car marking requirements in Appendix C ofthe Association of American Railroads Specifications for Tank Cars, which the HMR incorporates by reference in § 171.7. See § 179.22(a). The purpose of this latter requirement is to ensure that all tank car markings, including those required under the HMR, are placed in a location that is consistent with the markings on other tank cars. This consistency makes it easier for railroad and emergency response personnel to identify a tank car in transport. 1#

Page 2Although you submitted the proposed text of the label in your inquiry, this Office assessed the content of the label only to determine whether it would conflict with labeling requirements under the HMR. Thus, our May 16, 2008 letter is in no wayan endorsement, ratification, or confirmation of the truth of the statements on your label. Moreover, PHMSA does not have the authority or the expertise to determine whether a material is a cancer-causing agent, and no such determination was intended by our letter. I hope this satisfies your request. s~ Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 3U.S. Department 1200 New Jersey Avenue. SE of Transportation Washington, D.C. 20590 Pipeline and Hazardous Materials Safety MAY 16 2008 Administration Mr. Steven Amter Senior Scientist Disposal Safety Incorporated tOOl Connecticut Avenue, NW, Suite 525 Washington, DC 20036 Reference No. 08-0063 Dear Mr. Amter: This is in response to your March 7, 2008 letter and your March 14,26. and April 8,2008 telephone conversations with a member ofmy staff concerning a tank car that contains "RQ. UN 2929, Toxic liquids, flammable, organic, n.o.s., 6.1, 3, (o-Toluidine), PG n." You asked ifyour company may place the following text (bullets added for emphasis) on a warning label or sign near the tank car's unloading outlet under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180): ORTHO-TOLUIDINE DANGER CAUSES CANCER AND DEATH • Ortho-toluidine is extremely dangerous - exposure to ortho-toluidine has been shown to cause bladder cancer. • Do not breathe any vapor. Breathing any amount ofthis substance is dangerous. • Do not get any liquid on your skin. This chemical is readily absorbed by your skin. • You must wear a supplied-air respirator and a fully-protective, chemicalresistant suit and gloves. You state the image ofthe sign or label has not been detennined, but your company is considering making it the shape of a circle, square, or rectangle.#

Page 4Provided the information on the sign or label represents a hazard of the material contained in the package, the answer is yes. See §§ l72.304{a){4), 172.401 (a){2) and (b). and 172.502{a){2). The label must also comply with the tank car marking requirements in Appendix C ofthe Association ofAmerican Railroads Specifications for Tank Cars, which theHMR incorporates by reference in § 171.7. See § 179.22{a). The purpose of this requirement is to ensure all tank car markings, including those required under the HMR, are placed in a location that is consistent with the markings on other tank cars. This consistency makes it easier for railroad and emergency response personnel to identify a tank car in transport. I hope this satisfies your request. fif-al'a~:;,...----Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 5Edmof)60Vl 5'12.&D~ 1'IQ(arcilr13 Hattie L. Mitchell March 7, 2008 D~" 0 0 h3 Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 1200 New Jersey Avenue SE Washington, DC 20590 Dear Ms. Mitchell: The industrial chemical ortho-toluidine is recognized by DOT regulations as "Toluidines," Hazard Class 6.1, and the "POISON INHALA IION HAZARD" placard is required. However, such DOT placarding does not infonn the reader that ortho-toluidine is also a recognized cancer-causing substance for humans. Our query is as follows: If a tank car containing ortho-toluidine was labeled with the following infonnation, would such a label conflict with any DOT regulation or standard? Please assume that the fonnat of this label would be clearly distinguishable from the required DOT placard and that it would be placed on the tank car so as not to interfere with or be confused with the placard or any other information required by the DOT. The text of the proposed label is as follows: ORTHO-TOLUIDINE DANGER CAUSES CANCER AND DEATH Ortho-toluidine is extremely dangerous - exposure to ortho-toluidine has been shown to cause bladder cancer. Do not breathe any vapor. Breathing any amount of this substance is dangerous. Do not get any liquid on your skin. This chemical is readily absorbed by your skin. You must wear a supplied-air respirator and a fully-protective, chemical-resistant suit and gloves. Thank you for your help on this matter. Ifyou have any questions or require additional infonnation, please call me at (202) 293-3993. Sincerely, Steven Amter Senior Scientist Disposal Safety Incorporated 1001 Connecticut Ave. NW, Suite 525 Washington, DC 20036#