Rit-Chem Co., Inc. — Hazardous Materials Safety Interpretation

Page 1u.s. Department 1200 New Jersey Avenue SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration NOV 1 6 2011 Mr. Henry L. Ritell President and CEO Rit-Chem Co., Inc. 1 Zeiss Drive, Suite 200 Thornwood, NY 10594-1941 Reference No. 11-0183 Dear Mr. Ritell: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of sodium saccharin and its salts. Saccharin and its salts were recently removed from the HMR's List of Hazardous Substances and Reportable Quantities (Appendix A to § 172.101) in a final rule published on June 27, 2011 [HM-1450; 76 FR 37283]. Specifically, you ask whether with this removal, are saccharin and its salts now also considered non-hazardous materials and, therefore, not subject to the HMR. The answer is yes. The removal of saccharin and its salts from the HMR List of Hazardous Substances and Reportable Quantities was due to its removal as a substance by the Environmental Protection Agency (EPA). EPA has ultimate discretion when determining what is or is not a hazardous substance. PHMSA is statutorily mandated to list and regulate in the HMR EPA's list ofhazardous substances. Additionally, sodium saccharin does not meet any other criteria for a hazardous material in the HMR, and, therefore, is not subject to the regulations. I hope this information is helpful. Please contact this office should you need additional assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) 1/-()'~ 3 Sent: Monday, August 08, 2011 1 :05 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Federal RegisterNol. 76, No. 123/Monday, June 27,2011 (Sodium Saccharin) Hi Carolyn, We received the following request for a letter of lnterpretation at the HMIC. Thanks, Victoria From: Rit-Chem Co. Inc. [mailto:ritchem@ritchem.com] Sent: Thursday, August 04, 2011 4:42 PM To: INFOCNTR (PHMSA) Subject: FW: Federal Register/Vol. 76, No. 123jMondaYI June 271 2011 (Sodium Saccharin) Attn: Mr. Charles Betts - Dir. Standards &Rule Making Div. Dear Mr. Betts, We refer to the subject matter which clearly states that Sodium Saccharin and its salts have been removed from the list of hazardous substances by the EPA. Accordingly, and/or in conjunction with the DOT has revised the list of hazardous substances to exclude sodium saccharin and its salts. It is sufficiently clear to me that our producer of saccharin in Taiwan no longer has to apply Haz-Mat labels, effective as of June 27,2011. However, to clarify, am I correct in my assessment of the ruling and would you please comply with my request to so state in a written response? If it is more convenient, we post our corporate address below. Thank you for time and attention to this matter. Your cooperation is greatly appreciated. Sincerely, Henry L. Ritell President &CEO Rit-Chem Co., Inc. 1 Zeiss Dr. (Suite 200) Thornwood, NY 10594-1941 Phone: (914) 769-9110 Fax: (914) 769-1408 1#