Duke Energy Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Washington, DC 20590 1200 New Jersey Avenue, SE Safety Administration JUN 12 2015 Mr. Chuck Denny DOT Hazmat SME Duke Energy Corporation 526 South Church Street, EC13K Charlotte, NC 28202 Ref. No. 15-0028 Dear Mr. Denny: This responds to your February 5, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for the CLASS 9 (miscellaneous hazardous material label). In your letter, you attach pictures of several examples of CLASS 9 labels. Your questions are paraphrased and answered as follows: Q1. You ask whether a label with a black background and white stripes meets the HMR labeling requirements specified for the white and black colors for the CLASS 9 label. Al. The answer is no. Section 172.446(b) specifies that in addition to complying with the label specification requirements found in § 172.407, the background of the CLASS 9 label must be white with seven black vertical stripes on the top half. Q2. You ask whether a label with a yellow background meets the HMR labeling requirements regarding the white and black colors for the CLASS 9 label. A2. The answer is no. See Al. Q3. You ask whether the horizontal line dividing the upper and lower half of a CLASS 9 label must be removed A3. The answer is no. In a final rule issued under Docket No. PHMSA-2009-0151 (HM-218F; 76 FR 43510), the Pipeline and Hazardous Materials Safety Administration (PHMSA) revised the illustration of the CLASS 9 label in § 172.446(a) by removing the horizontal line dividing the upper and lower halves.#

Page 2The intent of this revision was to harmonize the visual representation of the CLASS 9 label illustration found in the HMR with that appearing in the United Nations (UN) Model Regulations and relevant international regulations authorized for use by 49 CFR Part 171 Subpart C. While the line no longer appears in the pictorial illustrations within the HMR or international regulations, it is the opinion of this Office the use of the horizontal line does not pose a safety concern. We further note that § 172.446(b) provides that the solid horizontal line dividing the lower and upper half of the label is optional. I trust this information is helpful. Please contact us if you require further assistance. Sincerely, I Henn Toster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3• • Lehman 5172.446 Dodd, Alice (PHMSA) clan 9 Label From: 15-0028 Sent: Ciccarone, Michael CTR (PHMSA) Thursday, February 05, 2015 12:45 PM To: Hazmat Interps Subject: FW: Pictures of Asbestos Bags from Supplier Attachments: photo (2) jpg 06-23-14jpg; photo.jpg photo.jpg 06-23-14 (1)jpg 06-23-14.jpg; DANGER BAG - BLACK.JPG; Shante/Alice, Please submit this for a formal letter of interpretation. Sounds like he spoke with Victoria. Thanks, Mike From: Denny, Chuck [mailto:Chuck.Denny@duke-energy.com] To: PHMSA HM InfoCenter Sent: Thursday, February 05, 2015 10:34 AM Cc: Denny, Chuck Subject: Pictures of Asbestos Bags from Supplier PHMSA, Per attached pictures, is the supplier using labels that meet DOT requirements? Per a supplier that is being evaluated for usage, they talked with "Victoria" from DOT regarding their asbestos bags. Supplier says that they are DOT approved. I have attached four pictures of what they sent me and the issues that I had with each. The bags are "marked" correctly with "NA2212, ASBESTOS, RO". However, there are some issues with the Class 9 labels that are preprinted on the bags. Class 9 labels are to look like the following: (a) Except for size and color, the "CLASS 9" (miscellaneous hazardous materials) label must be as follows: black vertical stripes on the top half. The black vertical stripes must be spaced, so that, visually, they appear equal in (b) In addition to complying with §172.407, the background on the CLASS 9 label must be white with seven width to the six white spaces between them. The lower half of the label must be white with the class number "g" underlined and centered at the bottom. ATTACHED PICTURE ISSUE 1#

Page 4• In the photo (2) 06-23-14, label colors are reversed. Where the label is black, it should be white. Where it is white, it should be black. • In the photo 06-23-14, the background of the Class 9 label is not white, it is clear to clear yellow. The Class 9 label is required to have a white background. Need to print a black and white label that corresponds with the Class 9 label requirements. • In the photo DANGER BAG-BLACK, the line is still present. Recommend removing the line to be consistent with future Class 9 label. • In the photo 06-23-14(1), the background of the Class 9 label is not white, it is clear to clear yellow. The Class 9 label is required to have a white background. Need to print a black and white label that corresponds with DOT's Class 9 label requirements. If Class 9 labels are to be pre-printed on asbestos bags, it is recommend that they are always printed with labels that are black and white as required per DOT regulations. DUKE ENERGY® Thanks, Charles (Chuck) Denny, CHMM Duke Energy Corporation DOT Hazmat SME Waste Compliance Environmental Services 526 South Church Street, EC13K Charlotte, NC 28202 980-373-4947 (Office) 704-382-0249 (Fax) 704-564-1504 (Cell) 2#

Page 5CONTAINS ASBESTOS FIBERS ANDID CREATING DUST GER AND LUNG DISEASE HAZARD AVOID BREATLING AIRBORNE ASBESTOS FRO, ASBESTOS, NA2212 GENERATOR'S NANE LOCATION CITY STATE ZIP DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD AVOID BREATHING AIRBORNE ASBESTOS RO, ASBESTOS, NA2212 GENERATOR'S NAME LOCATION CITY STATE ZiP#

Page 6SALS DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD AVOID BREATHING AIRBORNE ASBESTOS RO, ASBESTOS, NA2212 GENERATOR'S NAME LOCATION CITY STATE DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING BUST CANCER AND LUNG DISEASE HAZARD AVOID BREATHING AIRB HE ASBESTOS RO, ASBESTOS, NA2212 GENERATORS NI LOCATION CITY ZA#

Page 7STORAG NA GIF DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD AVOID BREATHING AIRBORNE ASBESTOS ASBESTOS, 9, NA 2212, PG III, RQ GENERATOR'S NAME LOCATION CITY STATE ZIP DANCED#

Page 8DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD AVOID BREATHING AIRBORNE ASBESTOS RO, ASBESTOS, NA2212 GENERATOR'S NAME LOCATION CITY STATE DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD AVOID BREATHING AIRBOR HE ASBESTOS RO, ASBESTOS, NA2212 ENERATOR'S NAME LOCATIOM CITY#