Polytek Development Corp — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration OCT 2 9 2014 Ms. Cynthia Salisbury Regulatory Affairs Polytek Development Corp. 55 Hilton Street Easton, PA 18042 Ref. No. 14-0138 Dear Ms. Salisbury: This responds to your July 16, 2014 request for clarification on emergency response information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you state that you ship hazardous materials under generic shipping description "UN3082, Environmentally hazardous substance, liquid, n.o.s. (butyl benzyl phthalate), 9, III," and include the Emergency Response Guidebook (ERG) #171 as part of the description; and you verify that the carrier has the ERG in the cab of the truck. You ask if this complies with the § 172.602(b) emergency response information requirements. You also inquire whether the most current edition of the ERG must be carried. The combination of providing an ERG guide number with a hazardous material description and verifying carriage of an ERG in the carrier's vehicle(s) satisfies the HMR requirements (see § 172.602(b)(3)(iii)). Additionally, the most current edition is required as it includes the most current response information. Section 172.602(a)(1) states that the emergency response information must contain the basic description and technical name of the hazardous material as required by §$ 172.202 and 172.203(k). Section 172.602(b)(3) requires that the emergency response information is presented (i) on a shipping paper; (i) in a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material; or (iii) related to the information on a shipping paper, in a separate document (e.g., an emergency response guidance document), in a manner that cross-references the description of the hazardous material on the shipping paper with the emergency response information contained in the document. Thus, your method satisfies the third option for presenting emergency response information. I hope this answers your inquiry. If you need additional assistance, please contact this Office at (202) 366-8553. Sincerely. Case Zahe Der Kinderer Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Boothe 172.602(b) mergench response Dodd, Alice (PHMSA) 4 - 0138 € From: Ciccarone, Michael CTR (PHMSA) Sent: To: Hazmat Interps Wednesday, July 16, 2014 12:32 PM Subject: FW: Request for Letter of Interpretation Regarding Emergency Response Information Shante and Alice, Please submit this for a formal letter of interpretation. Ms. Salisbury discussed this issue with Adam Lucas in the HMIC. Thanks, Mike From: Cynthia Salisbury [mailto:csalisbury@polytek.com] To: INFOCNTR (PHMSA) Sent: Wednesday, July 16, 2014 12:17 PM Subject: Request for Letter of Interpretation Regarding Emergency Response Information To Whom It May Concern: I am writing to clarify Emergency Response Information (172.602(b)) requirements for hazardous materials covered by a shipping name with a G in column 1 of the 172.101 (e.g., n.o.s. or other generic shipping names). As you know, for these materials, a technical name be included with the basic shipping description (49 CFR 172.203(k)). For these hazardous materials, do we fulfill the requirement for Emergency Response Information by including the proper Emergency Response Guidebook (ERG) Guide Number on the shipping paper AND verifying that the carrier has the ERG readily available in the cab of the truck? For example, if shipping paper includes the following information: UN3082, Environmentally hazardous substance, liquid, n.o.s. (butyl benzyl phthalate), 9, III, ERG #171; AND we verify that the carrier has the ERG in the cab, does that fulfill 172.602(b)? Does it matter it the ERG in the cab is not the most current edition (e.g., 2008)? Thank you in advance for clarification. Best Regards, Cynthia Salisbury Regulatory Affairs | Polytek Development Corp. | www.polytek.com [e] csalisbury@polytek.com | [p] 610.559.8620 x112 | [p] 800.858.5990 Polytek Development Corp. 1#