Wacker Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Pipeline and Hazardous Materials Safety Administration MAR 2 9 2016 Michael Strong Senior Regulatory Affairs Specialist Wacker Chemical Corporation 3301 Sutton Road Adrian, MI 49221 Ref. No.: 15-0217 Dear Mr. Strong: This is a response to your October 30, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the authorization and conditions for the use of international standards and regulations. In your letter, you state that your colleagues in Germany have asked you to request clarification from the Pipeline and Hazardous Materials Safety Administration (PHMSA) regarding the legal definition of the entity considered to be "the person importing" when products are shipped to the U.S. from Germany. Your questions are paraphrased and answered as follows: Q1. What does "each person importing" mean in accordance with § 171.22(f)(1)? Al. In the context of § 171.22(Đ)(1), each person importing means an individual, corporation, company, association, firm, partnership, society, or joint stock company that imports a hazardous material into the United States. In accordance with § 171.22(f(1), except for shipments into the United States from Canada conforming to § 171.12, each person importing a hazardous material into the United States must provide the forwarding agent at the place of entry into the United States timely and complete written information as to the requirements of this subchapter applicable to the particular shipment. Q2. Which methods of providing the written information that is required by § 171.22(f)(1) are allowable - e.g. whether a Safety Data Sheet would be sufficient with data about Reportable Quantity and corresponding limits or inhalation hazard zone? A2. The HMR does not require specific wording or methods to be used to meet the requirement in § 171.22(f)(1); only that each person importing a hazardous material into the United States must provide the forwarding agent at the place of entry into the United States timely and complete written information as to the requirements of this subchapter applicable to the particular shipment. The format chosen to 1#

Page 2accomplish this must include the applicable additional conditions or requirements imposed. Q3. Are there other special requirements for which additional data are necessary - e.g. special permits for certain containers? A3. The complete written information should include all information necessary to an indication of any applicable special permits. ensure compliance with the requirements of the HMR including, where appropriate, I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Sincerely, tense ostr T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3Mickels 171:22 Goodall, Shante CTR (PHMSA) Cutbasization shermanent From: Geller, Shelby CTR (PHMSA) 15-0217 Sent: To: Monday, November 02, 2015 2:54 PM Subject: Hazmat Interps FW: Request for Interpretation -- from Wacker Chemie AG (Our Parent Company) FW: We need legal certainty regarding who is considered the person importing Importance: High Sensitivity: Confidential Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Thanks, Shelby From: Strong, Mike [mailto:Mike.Strong@wacker.com] Sent: Friday, October 30, 2015 5:12 PM To: PHMSA HM InfoCenter regarding who is considered the person importing Subject: Request for Interpretation -- from Wacker Chemie AG (Our Parent Company) FW: We need legal certainty Importance: High Sensitivity: Confidential Dear PHMSA, considered to be the "person importing", when products are shipped to the US from Germany. Our colleagues in Germany have asked us to request some clarification regarding the legal definition of the entity Please request an agency interpretation from US-DOT PHMSA clarifying > the "each person importing" acc. §171.22 (f) (1) • which methods of providing the written information are allowable - e.g. whether a SDS would be sufficient with data about RQ and corresponding limit or inhalation hazard zone • whether there are other special requirements for which additional data are necessary - e.g. special permits for certain containers Mike Strong Thanks & Best regards, WACKER CHEMICAL CORPORATION PROPRIETARY INFORMATION Sinor Regulatory Atas SpecEPS, CSHM Wacker Chemical Corporation 3301 Sutton Road Regulatory Affairs and Product Safety Department Adrian, Michigan 49221-9397 4222 FAX 817) 2841916 smailto:mike.strong@wacker.com> 1#