Sika Corporation USA — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration NOV 2 1 2014 Mr. Arthur Van Houten Sika Corporation USA 201 Polito Avenue Lyndhurst, NJ 07071 Ref. No. 14-0173 Dear Mr. Van Houten: This is a response to your September 22, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to bulk shipments of Class 9 hazardous materials. In your letter, you describe shipments which are only regulated for transportation because the liquid material contains a reportable quantity (RQ) of a hazardous substance listed in Appendix A of § 172.101. Specifically, you request clarification on the proper description, marking, packaging, placarding and driver requirements applicable to these shipments. Your questions are summarized and addressed below. Q1. Would the description of either "NA3082, Other regulated substances, liquid, n.o.s. (name of reportable quantity material), 9, III, RQ" or "UN3082, Environmentally hazardous substance, liquid, n.o.s. (name of reportable quantity material), 9, III, RQ" be acceptable? A1. Yes. In accordance with Special Provision 8 in § 172.102, which is referenced in Column 7 of the Hazardous Materials Table (HMT; § 172.101) for the entry "UN3082, Environmentally hazardous substance, liquid, n.o.s.," a hazardous substance that is not a hazardous waste may be shipped under the shipping description "Other regulated substances, liquid or solid, n.o.s.," as appropriate. Note that the "name of reportable quantity material" referenced in the question should be replaced with the appropriate RQ entry listed in Appendix A of § 172.101. Q2. Is a DOT specification cargo tank motor vehicle required to transport this material, or may non-DOT specification cargo tank motor vehicles be used? A2. No, a DOT specification cargo tank motor vehicle is not required. Bulk packaging requirements for NA3082 and UN3082 are found in § 173.241, as referenced in Column 8c of the HMT. In accordance with § 173.241(b), both DOT specification cargo tanks and non-DOT specification cargo tank motor vehicles suitable for transport of liquids may be used Q3. Are placards required for this shipment? If not, what are the marking requirements?#

Page 2A3. No. In accordance with § 172.504(f)(9), for Class 9, a CLASS 9 placard is not required for domestic transportation. However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration as required by § 172.332. Q4. Does the use of a CLASS 9 placard to mark the UN identification number constitute the shipment as "placarded?" A4. No. While the use of a CLASS 9 placard is permitted as a means to display the identification number on a bulk packaging, the use of the CLASS 9 placard does not subject a shipment to additional requirements in the HMR that would be applicable to shipments that require placarding. Q5. Does this shipment meet the definition of "hazardous materials," as defined in 49 CFR § 383.5 because placarding is not required? A5. For the purposes of the HMR, this shipment would be considered to be a "hazardous material" as it meets the defining criteria found in § 171.8. However, for purposes of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR parts 390 through 397) and the Commercial Drivers' License (CDL) hazmat endorsement, the term "hazardous materials" is defined in 49 CFR § 383.5 as a material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. Therefore, a driver of a commercial motor vehicle transporting a Class 9 hazardous material that is excepted from placarding for domestic transportation is not required to obtain a hazardous materials endorsement to his or her CDL. Q6. Is a driver required to have a hazmat endorsement on his/her CDL for this shipment? A6. No. See A5. Note that the HMR does require that the driver must receive hazardous materials training (see §§ 177.800(c) and 177.816). This training must include general awareness, function-specific, safety, and security awareness training as specified in § 172.704(a) of the HMR, as well as driver training in the applicable requirements of FMCSR and the procedures necessary for the safe operation of that motor vehicle. I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Sincerely. Dirk Der Kinderen Acting Chief, Standards Development Standards and Rulemaking Division#

Page 3Suchak 172.504 (F) (9) Goodall, Shante CTR (PHMSA) Placardis From: Ciccarone, Michael CTR (PHMSA) Sent: Monday, September 22, 2014 1:36 PM 14-0173 To: Hazmat Interps Subject: FW: Request for interpretation bulk RQ shipments Attachments: Request for Interpretation bulk RQ shipments 9-22-14.pdf Shante and Alice, Please submit this for a formal letter of interpretation. Mr. Van Houten spoke with me, most recently. Thanks, Mike From: Arthur Van Houten [mailto:vanhouten.arthur@us.sika.com] To: PHMSA HM InfoCenter Sent: Monday, September 22, 2014 10:40 AM Subject: Request for interpretation bulk RQ shipments To Whom It May Concern, Please provide me with your interpretation/ clarification for the shipment of bulk materials meeting only the Reportable Quantity requirements. Regards, BUILDING TRUST Jika Arthur Van Houten EHS Corporate EHS Manager Sika - US - Lyndhurst Phone: +1 201-508-6920 - Mobile: +1 551-265-4557 - Fax: +1 201-933-3070 875 Vailey Brook Avenue - Lyndhurst New Jersey 07071 vanhouten.arthur@us.sika.com#

Page 4Arthur Van Houten Corporate EHS Manager Mobile: 551-265-4557 Phone: 201-508-6920 Jika vanhouten.arthur@us.sika.com BUILDING TRUST U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE WASHINGTON, DC 20590-001 SEPTEMBER 22, 2014 Subject: Clarification for bulk shipments of Reportable Quantity (RQ) materials To Whom It May Concern: Sika Corporation ("Sika") is seeking a clarification for highway shipments of liquid materials in bulk tanker trucks. The materials are regulated for transportation only because they meet the requirements of Reportable Quantities (RQ) as listed in Appendix A to 49 CFR 172.101. Sika is therefore seeking clarification of the following when shipping bulk quantities of a material whose only hazard is meeting the Reportable Quantity requirement making it a Class 9 hazard: 1. The proper shipping name of "NA3082 Other regulated substances, liquid, n.o.s., (name of hazard inducer), 9, IIIRQ" or "UN3082, Environmentally hazardous 2. A DOT specification tank trailer (cargo tank) is not required per 49 CFR 173.241(b). substance, liquid, n.o.s., (name of hazard inducer), 9, III, RQ" is acceptable. 3. Placarding is not required, but rather "marking" as per 49 CFR 172.504(f)(9) using a CLASS 9 placard, an orange panel, or a white square-on-point display configuration. 4. Using a CLASS 9 "placard" to mark this shipment is not the same as placarding a shipment. 5. Shipments do not meet the definition of "Hazardous Materials" as defined in 49 CFR 383.5 because the shipment is not required to be placarded. 201 Polito Avenue • Lyndhurst, NJ 07071 • USA SIKA CORPORATION USA Phone: 800 933 SIKA • Fax: 201 933 3070 • www.sikausa.com#

Page 5BUILDING TRUST lika PAGES DATE 2/2 September 19, 2014 6. An endorsement to a drivers Commercial Driver's Licience is not required per 49 CFR 383.93(b)(4) because these shipments do not meet the definition of hazardous materials as defined under 49 CFR 383.5. Thank you for your prompt reply. Sincerely, Quito Van Hart Arthur Van Houten Corporate EH&S Manager Enclosure#

Page 6Materials shipped as RQ 1. When the quantity of a Hazardous Substance in a material is equal to or exceeds the reportable quantity threshold listed in Appendix A to 172.101, this shipment will be handled as a Hazardous Substance. The proper shipping name we will use is either "NA3082 Other regulated substances, liquid, n.o.s., (name of hazard inducer), 9, III RQ" or "UN3082, Environmentally hazardous substance, liquid, n.o.s., (name of hazard inducer), 9, III, RQ" 2. A coded trailer is not necessary for this material when shipped as either a hazardous substance or non-hazardous. In Table 101, Packaging column 8(C) of the shipping name "NA3082 Other regulated substances, liquid, n.o.s." references 173.241 to determine acceptable packaging options. Under 173.241(b) Cargo Tanks, the last portion says: "and non-DOT specification cargo tank motor vehicles suitable for transport of liquids." (shown below) This gives relief from a DOT specification tanker. §173.241 Bulk packagings for certain low hazard liquid and solid materials. following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter When §172.101 of this subchapter specifies that a hazardous material be packaged under this section. only the and the special provisions specified in column 7 of the $172.101 table. tank car tanks and AAR Class 203W, 206W, and 211W tank car tanks. (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112. 114, 115, or 120 tank car tanks: Class 106 or 110 multi-unit MC 311, MC 312, MC 330, MC 331, DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles; and ron-DOT (p) Cargo tanks: DOT specification MC 300, MC 301, MC 302. MC 303, MC 304, МС 305, MC 306, MC 307, MC 310. specification carco tank motor vehicles suitable for transport of liquids. 3. The Placarding requirements for these materials are found under 172.504(f) (9) below. A placard is not required for domestic transportation, but rather marking. §172.504 General placarding requirements. transport vehicle, rail car, freight container or unit load device, only the placard representing the lowest division number (f) Additional placarding exceptions. (1) When more than one division placard is required for Class 1 materials on a must be displayed. transportation, defined in $171.8 of this subchapter, which occurs within the United States. However, a bulk packaging (9) For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portic of international point display configuration as required by subpart D of this part. must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel. or a white square-on- 1#

Page 73082 4. The CLASS 9 placard is being used to "mark" the shipment and does not indicated that this shipment is being "placarded" 5. The definition of "Hazardous Materials" under the Commercial Driver's License Standards found under 49 CFR 383.5 Definitions is shown below. There are two (2) requirements that must be met before a material is considered a "hazardous material". 1) material must be a hazardous material and 2) the material must be placarded. The materials being shipped do not require placarding, only Marking (see 172.504(9) above). Therefore, they do not meet the definition of a Hazardous Material. §383.5 Definitions. As used in this part: required to be placarded under subpart F of 49 CFR part 172 or any quantity of a materal listed as a select agent or toxin Hazardous materiais means any material that has been desianated as hazardous under 49 U.S.C. 5103 and is in 42 CFR part 73.#

Page 86. Drivers will not need hazardous materials endorsements to their CDL to transport these materials for the following reason: Under 49 CFR 383.93 Endorsements, an endorsement to a drivers CDL to transport hazardous materials is based on the definition of hazardous materials found in 383.5. Since they do not meet the definition of a Hazardous Material as defined under 383.5, a endorsement to the CDL is not required. §383.93 Endorsements. who operate or expect to operate the types) of motor vehicles described in paragraph (b) of this section must pass (a) General. (1) In addition to passing the knowledge and skills tests described in subpart G of this part, all persons complete the tests. specialized tests to obtain each endorsement. The State shall issue CDL endorsements only to drivers who successfully (2) The only endorsements allowed on a CLP are the following: (i) Passenger (P): (i) School bus (S); and (ili) Tank vehicle (N). (3) The State must use the codes listed in §383.153 when placing endorsements on a CLP or CDL commercial motor vehicles which are: (b) Endorsement descriptions. An operator must obtain State-issued endorsements to his/her CDL to operate (1) Double/triple trailers: (2) Passenger vehicles: (3) Tank vehicles: (4) Used to transport hazardous materials as defined in S383.5, or (5) School buses. (b) of is serenient testing requirements. The following tests are required for the endorsemenis contained in paragraph (1) Doubie/Triple Trailers—a knowledge test: (2) Passenger—a knowledge and a skills test: (3) Tank vehicle-a knowledge test: (4) Hazardous Materies—a knowledge test and (5) Schoo: bus—a knowledge and a skills test. [E3 FR 2765*, vüly 21, 1928, as amended a: 67 FR 49763, Juy 31, 2002: 68 FR 23250. May 5, 2003: 76 FR 26857, May 9. 2011] 3#

Page 9Based on the above, shipments of these materials when exceeding the RQ thresholds will: 1. use the proper shipping name of "NA3082 Other regulated substances, liquid, n.o.s., (name of hazard inducer), 9, III RQ" or "UN3082, Environmentally hazardous substance, liquid, n.o.s., (name of hazard inducer), 9, III, RO"; 2. be Marked as 3082 and NOT Placarded; 3. not require a Hazardous Material endorsement to a drivers CDL 4. not require a DOT specified tank vehicle#