Foth Infrastructure & Environment, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DEC 1 1 2009 1200 New Jersey Avenue, SE washington, DC 20590 Ms. Michele L. Frozena Lead Environmental Scientist Foth Infrastructure & Environment, LLC 2737 South Ridge Road, Suite 600 P.O. Box 12326 Green Bay, WI 54307-2326 Ref. No. 09-0251 Dear Ms. Frozena: This responds to your letter requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to classification criteria and the use of specification packaging for a material not subject to the HMR. Your questions are paraphrased and answered as follows: Ql. Under § 173.150(e)(2), is an aqueous solution of alcohol containing 24 percent or less alcohol by volume, 50 percent or more water, and no other hazardous material subject to the HMR? AI. No. Q2. Is it permissible to use a UN standard Intermediate Bulk Container (IBC) to package a material not subject to the HMR? If so, under what conditions is it permissible? A2. Yes, a UN standard packaging may be used to package a material not subject to the HMR. However, under § 171.2(g), no person may represent or offer a packaging as meeting the requirements of the HMR unless the packaging is maintained, marked and retested in accordance with the applicable requirements of the HMR. These requirements are applicable whether or not the packaging is used for the transportation ofa hazardous material. Therefore, ifthe IBC is not maintained in accordance with the HMR, we recommend you securely cover any identifying marks or specification plates representing it as such. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, ~ Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office ofHazardous Materials Standards#

Page 2S+ev~ tgli3. 160($Xe) Foth 09--02.5/ excep +, Ol'1S October 27, 2009 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-lO) 1200 New Jersey A venue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Mazzullo: RE: Aqueous Solutions of Alcohol Exemption 49 CPR 173.150(3)(e) This letter serves as a request for an interpretation related to the regulations promulgated in 49 Code ofPederal Regulations (CPR) 173.150(3)(e). These rules outline an exemption for aqueous solutions which state, "An aqueous solution containing 24 percent or less alcohol by volume and no other hazardous material - (1) May be recIassed as a combustible liquid, (2) Is not subject to the requirements of this subchapter if it contains no less than 50 percent water." If a solution meets this exemption because it contains less than 24 percent alcohol by volume and is more than 50 percent water, is the shipping facility required to test and inspect the intermediate bulk container (mC) used to ship the solution as defined in 40 CPR 180? Additionally, is the exempted solution also then considered a non-regulated Department of Transportation material? If you should require further information or have additional questions, Please feel free to contact me directly at (920)'496:.6868 or via email atmfrozena@foth.com. Your assistance is appreciated and I look forward to your response. Sincerely, Foth Infrastructure & Environment, tLC wrl~~ Michele L. Frozena Lead Environmental Scientist cc: Kurt P. Goomey, P.O. Box 850, Manitowoc, Wisconsin 54220 X:\GB\IE\2008\08NOO I \5000 client cor\L-DOT Standard Interpretation.doc 2737 South Ridge Road, Suite 600. P.O. Box 12326. Green Bay, WI 54307·2326. (920) 497·2500. Fax: (920) 497·8516#