BASF Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUN 1 4 2013 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Mr. Joseph Matousek Sr. Transp Support Specialist BASF Corporation 1 00 Park A venue Florham Park, NJ 07932 Ref. No.: 13-0097 Dear Mr. Matousek: This is in response to your letter requesting clarification of the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the marking and labeling requirements when reshipping marine pollutants domestically. Your letter states that your company imports marine pollutants by vessel, marked and labeled as either "UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9" or "UN 3082, Environmentally hazardous substance, liquid, n.o.s., Class 9" in accordance with the International Maritime Dangerous Goods (IMDG) Code. It is your understanding that under the HMR, this material can be reshipped domestically as "not regulated" without removing the affixed markings and labels, provided the materials are not a marine pollutant as defined by the HMR and are not otherwise hazardous. Your understanding is correct. Section 171.4 excepts marine pollutants in non-bulk packages from the requirements of the HMR when transported by motor vehicle, rail car, or aircraft. That means they are not subject to the requirements for shipping papers, markings, labels or placards when transported by highway, rail or air. The markings and labels that were required to be affixed to the packages for transportation by vessel in accordance with the IMDG Code need not be removed or covered for subsequent transportation by other modes. In addition, § 1 72.401 (c) permits labeling in accordance with the IMDG Code and § 172.303(b )(3) permits the marking of a shipping name on a package when the name describes a material not regulated under the HMR. Although your material does not meet the definition of a hazardous material under the HMR, the package may remain appropriately marked and labeled in accordance with the IMDG Code and transit the United States without shipping papers. However, if your shipment will not be accompanied by a shipping paper, the marks and labels on your package may cause delays or otherwise frustrate its transportation. To avoid this problem, we suggest the following: ------ -----------#

Page 21. Remove, obliterate, or securely cover the markings and labels; 2. Leave the marking and labeling in place and describe the material as "Environmentally hazardous substances, liquid or solid, n.o.s." in accordance with § 172.102, Special Provision 146; or 3. Provide an indication on the package or bill of lading that the material is not regulated by the HMR. Alternatively, § 171.22( d) provides that a material subject to the IMDG code, but not subject to the HMR, may be transported in the United States when described on a shipping paper, marked, and labeled in accordance with the IMDG code. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. rmcerely, ~v~ Delmer Billmgs Senior Regulatory Advisor Standards and Rulemaking Division#

Page 3_Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Monday, May 06, 2013 4:21 PM Drakeford, Carolyn (PHMSA) FW: Clarification of marking and labeling requirements for reshipment of imported Class 9 Marine Pollutants Hi Carolyn, This caller requested we submit his e-mail as a formal letter of interpretation. Thanks, Victoria From: Joseph Matousek [mailto:joseph.matousek@basf.com] Sent: Monday/ May 06, 2013 10:13 AM To: INFOCNTR (PHMSA) Cc: Thomas F McGourty; Kelley1 Shane (PHMSA) Subject: RE: Clarification of marking and labeling requirements for reshipment of imported Class 9 Marine Pollutants TO: DOT Information Center RE: Clarification of marking and labeling requirements for reshipment of imported Class 9 Marine Pollutants We import materials from Germany which are classified as UN 3082 or UN 3077 Class 9 Marine Pollutants for IMDG. When received, these materials are stored at a BASF site and reshipped to customers based in the United States. This same material is classified as II Not Regulated II for USOOT domestic movement. It is our understanding that this material can be reshipped domestically as II Not regulated II without removing or covering the Class 9 marks and label. This is to request a formal letter of interpretation confirming this. Respectfully yours, Joseph Matousek Sr.Transp Support Specialist 973-245-6335 e-mail: joseph.matousek@basf.com Joseph Matousek Sr Transportation Sprt Spclst NTU/P-NT/CA Phone: 973 245-6335 Mobile: 973-415-7999 E-Mail: joseph.matousek@basf.com Postal Address: BASF Corporation, 100 Park Avenue, N.J. 07932 1#