Ohio Transportation Department — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington. DC 20590 AUG 0 6 2012 Tom Forbes Public Utilities Commission of Ohio Transportation Department 180 East Broad Street Columbus, Ohio 43215 Reference No.: 12-0122 Dear Mr. Forbes: This responds to your May 23, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reportable quantities (RQ) of hazardous materials. You state that you ship 24 one-pound pouches of Calcium Hypochlorite as a consumer commodity. You ask whether the amount of Calcium Hypochlorite in each individual pouch or the amount contained in the entire outer packaging is to be used in determining whether a RQ is met. As prescribed in§ 171.8, a hazardous substance is defined as a substance listed in Appendix A of§ 172.101 and in a quantity, in one package, which equals or exceeds the RQ listed in Appendix A to§ 172.101. A package or outside package is also defined as a packaging plus its contents. Further, a combination package is defined as one or more inner packagings secured in a non-bulk outer packaging. Based on the information, pictures, and supporting information provided in your letter, it is the opinion of this Office that the pouches of Calcium Hypochlorite are inner packagings of a combination package thus making the entire package subject to the RQ for Calcium Hypochlorite. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Thursday, May 24, 2012 4:55PM Drakeford, Carolyn (PHMSA) FW: HM RQ Question 1.JPG; 2.JPG Andr-e w.s tfJ 173 ~162 (aJ ~ /12 · !Of p, eep h o tJ-S !:< -t/122 Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: Forbes, Tom [mailto:Tom.Forbes@puc.state.oh.us] Sent: Wednesday, May 23, 2012 9:39 AM To: PHMSA HM InfoCenter Subject: HM RQ Question Dear Sir or Madame: I am requesting a written interpretation/clarification on the RQ requirements under the Hazardous Materials Regulations (HMR 49 CFR Parts 171-180). The situation at hand is a carrier is transporting Calcium Hypochlorite that has been reclassified as a Consumer Commodity ORM-D as permitted by 173.152(c). The outer package contains 24- 1 pound pouches of Calcium Hypochlorite for swimming pool treatment. The pouches are in a strong outer package as required. The total weight is 1 pound of Calcium Hypochlorite per pouch or 24 pounds of Calcium Hypochlorite per strong outer package. The RQ for Calcium Hypochlorite is 10 pounds. The definition for hazardous substance states two conditions must be met 1) Is listed in the Appendix A to 172.101 of this subchapter and 2) Is in a quantity, in one package, which equals or exceeds the RQ listed in appendix A. In determining what is meant by 11 in one package" I have reviewed the definition of package which also reference outer package and packaging. I am unsure what is meant by the phrase in one package. Is it referencing the individual! pound pouches which do not meet the RQ or is it referencing the strong outer package which would meet the RQ? Photos of the pouches and strong outer package are attached. Thank you for your assistance on this matter. Tom Forbes Public Utilities Commission of Ohio Transportation Department Hazardous Materails Specialist {614) 644-0296 PUCO.ohio.gov (j(J This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it. 1#

Page 3CONSUMER COMMODITY FOR CHEMICAL EMERGENCY, SPILL, LEAK, FIRE, EXPOSURE, OR ACCIDENT CALL: ORM-D CHEMTREC 1-800-424-9300 RQ (CALCIUM HYPOCHLORITE) 71428 GLB SUPER CHARGE 24X1LB 1 07 85336 71428 5 CONSUMER COMMODITY ORM-D FIRE EXPOSURE OR ARM PORCHES FURORNOY SPILL LEAK#

Page 4H K GLB Super Charge SUPER CHLORINATION FOR POOLS - KILLS BACTERIA, DESTROYS ORGANIC WASTE AND CONTROLS ALGAE NET WT 1LB-454G Sold by weight, not volume ACTIVE INGREDIENT: INERT INGREDIENTS: Calcium Hypochlorite .35% .65% and First A DANGER: See other precautions on the back panel. EEP OU EACH OF JILDREN#