{"operation":"document","citation":"08-0138","title":"Polymerics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-20","effective_on":null,"summary":"08-0138 response to Polymerics, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0138.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0138.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0138","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080138.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, sc\nWashington, D.C. 20590\nU.S. Department\nof Transportation Pipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 2 0 2008\nMr. William R. Sanderson\nEnvironmental Health and Safety Manager\nPolymerics, Inc.\n2828 Second Street\nCuyahoga Falls, OH 4422 1\nRef No.: 08-0138\nDear Mr. Sanderson:\nThis is in response to your March 26, 2008 letter and subsequent telephone conversation with\na member of my staff requesting clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171 -180) applicable to a rubber compound containing a hazardous substance.\nAccording to your letter, your company produces a rubber compound partially consisting of\nethylene thiourea, a hazardous substance with a reportable quantity (RQ) of 10 pounds (4.54\nkilograms). The rubber compound is formed into 2-3 pound slabs consisting of\napproximately 75% ethylene thiourea by weight. You state the polymer matrix greatly\nlessens or eliminates the hazard posed by the material, similar to asbestos fixed in a natural\nor artificial binder material.\nAppendix A of the Hazardous Materials Table (HMT; 4 172.101) lists materials that are\ndesignated as hazardous substances and their corresponding RQs. Ethylene thiourea is such a\nmaterial and, thus, is regulated as a hazardous substance under the HMR. However, provided\nyour material does not meet the RQ for ethylene thiourea in pounds (kilograms) in one\npackage and does not meet any of the criteria of a hazardous material specified in 5 171.8, it\nwould not be subject to the HMR.\nWhen bound in a natural or artificial binder, asbestos is excepted from the HMR by\n172.102, Special provision 156. No such exception exists for ethylene thiourea.\nI hope this information is helpful. Please contact us if you require additional assistance.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nf f $ d ~ h ~ ~ &*A t \" 2828 second srea\nCuynhoga Falls. OH 44221\nPolymerics, Inc.\nMarch 26,2008\nMr. Edward Mazzullo\nDear Sir:\nI just spoke to one of your technical experts at the Hazardous Materials Information Center\nconcerning the DOT status of a product that we manufacture. The problem does not appear to be\naddressed in the regulations, however, a similar situation involving friable asbestos is addressed.\nWe are a custom rubber compounder and one of our specialty products involve taking some of the\nmore 'health' hazardous materials and compounding them into rubber at between 70% and 90%\nactivity. The product then is a solid slab of rubber in which the hazardous substance is incorporated\ninto a polymer matrix. This polymer matrix then greatly lessens or even eliminates the health hazards\nassociated with the powdered form of the chemical.\nThe product in question is Ethylene Thiourea (ETU) and it is by definition a hazardous substance. It\nis listed in Appendix A, Table I of the Hazardous Materials Table. ETU happens to have a\nReportable Quantity (RQ) of 10 pounds. This material is compounded into rubber at 75% activity\nand generally packaged into 50 pound boxes. By definition, the RQ has been exceeded. However, it\ndoes not appear to meet the definition of a Class 9 hazardous material. It does not present any more\nof a hazard during transportation than any other slab of rubber in a box would. It does not have an\nanesthetic, noxious, or other hazardous odor and the polymer matrix would protect personnel from\nany exposure to the ethylene thiourea.\nThe main purpose of our product is to put a hazardous chemical into a non-hazardous fo~m. It is my\nprofessional opinion that this product form does not present a hazard during transportation much like\ntaking friable asbestos and coating with glue or cement does not present a hazard during\ntransportation. In fact, there is less of a hazard because rubber will not fragment near as easily as\nhardened glue or cement.\nPlease, I'm requesting a formal clarification from the Research and Special Program Administration\non the DOT status of our product. We also have a second product, thiram dispersion, having the\nsanie issues. Thiranl is also listed in Appendix A of the Hazardous Materials Table. Thank you for\nyour time and clarification on this matter.\nSincerely,\nWilliam R. Sanderson, CIH\nEnvironmental Health & Safety Manager\n\n<<<PAGE 3>>>\n\nTELEPHONIC CONVERSATION RECORD\nS p e c i a l i s t Placing C a l l : Kevin Leary\nDate o f Call : 5/28/2008, 5/29/2008\nPerson (s) Contacted: ~ i l l i a m Sanderson\nTheir Organization : Polymerics, Inc.\nDate o f Incoming L e t t e r : 3/26/2008\nS p e c i f i c S u b j e c t ( i n c l u d i n g s e c t i o n # ' s and key\nwords): Hazardous substances; Ethylene thiourea\nROUTING G\nSummary: Called Mr. Sanderson and left voicemail to call back\nso that we can discuss letter.\n5/29/2008: Approximately 10:13 AM Mr. Sanderson returned call.\nComments: Mr. Sanderson clarified verbiage in letter \"75%\nactivity\" means 75% by weight. The rubber slabs mentioned in\nthe letter consist of approximately 75% thiourea by weight.\nThe remaining 25% consists of rubber and other binder\nmaterials. Each rubber slab is approximately 3/8\" thick and\nweighs approximately 2-3 pounds. Multiple rubber slabs are\npackaged into an approximately 12\"x12\" box. The gross weight\nof the completed package is approximately 50 pounds.\nS p e c i a l i s t Signature:\nDate: 5/29/2'008","truncated":false,"body_characters":5359}