OR-CAL Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration •JUL 1 1 2016 Brooke Baker OR-CAL Inc. 29454 Meadowview Rd. Junction City, OR 97448 Ref. No. 16-0064 Dear Ms. Baker: This responds to your April 15, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a product you are considering for shipment (contains bifenthrin). Your questions and our responses are paraphrased below. Q1. Based on the Safety Data Sheet (SDS) provided, is "UN3082, Environmentally hazardous substance, liquid, n.o.s. (bifenthrin), Class 9, Packing Group III," the appropriate classification for this product? A1. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not generally perform that function. While the SDS you provided indicates the product is classified as "UN3082, Environmentally hazardous substance, liquid, i.o.s. (bifenthrin), Class 9, Packing Group III, " as a severe marine pollutant, it does not provide an indication on how that determination was made. Although bifenthrin is not on the List of Marine Pollutants found in Appendix B to § 172.101, it may be classified as such by international standards. In accordance with introductory text of Appendix B of § 172.101, if a material is not listed in the appendix and meets the criteria for a marine pollutant as provided in Chapter 2.9 of the IMDG Code, (incorporated by reference; see § 171.7 of the HMR), the material may be transported as a marine pollutant in accordance with the HMR. Q2. What are the regulations that specify packaging requirements for a Class 9 hazardous material? A2. We reiterate that it is the shipper's responsibility to properly class and describe a hazardous material using the criteria in Subpart C of Part 173 of the HMR. Once a material is properly classified and described, shippers can locate the appropriate packaging sections through use of the Hazardous Materials Table (HMT) in#

Page 2§ 172.101. While not all Class 9 materials are packaged in the same manner, authorized packagings for "UN3082, Environmentally hazardous substance, liquid, n.o.s, Class 9, PG III" are located in Column 8 of the HMT. Q3. If your company offers this material for transportation in non-bulk packaging as described in your incoming letter, would your company be subject to the registration requirements found in the HMR? A3. It is unclear based on the information provided. Please review the applicability of the requirement for registration found in § 107.601(a) of the 49 CFR. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Suchak 173.0 Goodall, Shante CTR (PHMSA) Stupping Resuirements From: Geller, Shelby CTR (PHMSA) 16-0064 Sent: Thursday, April 07, 2016 11:29 AM To: Hazmat Interps Subject: Attachments: FW: DOT Shipping requirements question Permatek 100 Encaps Rev 040315.pdf Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Isaac Taylor spoke with Ms Baker. Thanks, Shelby From: Brooke Baker [mailto:brooke@orcalinc.com] Sent: Tuesday, April 05, 2016 7:23 PM Subject: DOT Shipping requirements question To: INFOCNTR (PHMSA) Hi, My name is Brooke Baker and I'm trying to get some information on the shipping requirements and costs for a product one of our customers would like us to ship in the future. The product is PERMATEK 100 Encaps and the MSDS is attached. It says that the product is not subject to DOT regulations as a hazardous material when shipped in non-bulk packages but I don't think this is correct. Can you tell me: • If the company decides to sell this product would our business have to be registered as a hazardous materials shipper and pay a yearly fee? (This is the only hazmat product we would be shipping) • Is this the correct shipping name: UN 3082, Environmentally Hazardous Substance, liquid, n.o.s. (Bifenthrin), Class 9, PG III? Can you direct me to the regulation that specifies packaging requirements for a class 9 substance? Thank you, Brooke Baker Regulatory Specialist @R-CAL Inc. 29454 Meadowview Rd. Junction City, OR, 97448 541-689-4413 ORCAL 1#

Page 4NEW PLYMOUTH, NEW ZEALAND P.O. BOX 7142 ZELAM LIMITED ozelam PH: +64 6 755 9234 FAX: +64 6 755 1174 This MSDS Consists of 16 Sections. WEBSITE: www.zelam.com Material Safety Data Sheet Revised Date: 04/03/2015 Page 1 PERMATEK 100 ENCAPS. I. IDENTIFICATION OF THE SUBSTANCE / PREPARATION AND THE COMPANY: PRODUCT NAME: MANUFACTURER: PERMATEK 100 ENCAPS. SUPPLIER NAME: Zelam Ltd Zelam Ltd SUPPLIER AHORES 1345759923Rd, Bell Block, New Plymouth, NUP ER FAX: SUPPLIER PHONE: EMERGENCY PHONE: 0800 243 622, 0800 CHEMCALL +64 6 7559234 INTERNATIONAL EMERGENCY PHONE: +64 3 353 0199 +64 6 7551174 CHEMICAL FAMILY: Synthetic pyrethroid USE: Timber Insecticide 2. HAZARDS IDENTIFICATION: 6.1D; .4A; Harmful - may cause eye irritation. Avoid contact with eye! Harmful - may be harmful if swallowed, inhaled or absorbed through the skir 6.9B; 9.1A: armful - may cause organ damage from repeated oral exposure at high dose 9.2C: Harmful to the soil environment ery Toxic to fish with long lasting effects. Avoid contamination of any water supply with this product or empty contain 9.3B: 9.4A: Very Toxic to terrestrial invertebrates [bees] Toxic to terrestrial vertebrates [birds] Refer to Section 15 for NZ EPA Requirements. 3. COMPOSITION /INFORMATION ON INGREDIENTS: COMMON NAME: Di-aryl ester CAS NUMBER: CONCENTRATION%: HAZARD CLASSIFICATIONS: Inerts Bifenthrin 82657-04-3 < 20% Balance 10% 4. FIRST - AID MEASURES: EYE CONTACT: Immediately flush with flowing water for at least 15 minutes. Seek medical attention if irritation persists. SKIN CONTACT: Immediately flush with plenty of water while removing contaminated clothing. DO NOT scrub the skin. Continue for at least 15 minutes. Wash clothing before reuse. INHALATION: inhaled, move the victim to fresh air immediately. Begin artifical respiration if breathing has stopped. U: outh to nose rather than mouth to mouth. Obtain medical attentio INGESTION: If swallowed, rinse mouth with water immediately. DO NOT induce vomiting. Seek medical attention. NOTES TO DOCTOR: No specific antidote. Treat symptomatically. 5. FIRE FIGHTING MEASURES: FLAMMABLE LIMITS: FLASHPOINT: Not available HAZCHEM CODE: 2X THERMAL DECOMPOSITION PRODUCTS: Carbon monoxide, carbon dioxide, hydrogen chloride, chlorine, fluorine and hydrogen EXTINGUISHING MEDIA: Foam, Carbon dioxide, Dry chemical or Water spray (fog). Contain all runoff. SPECIAL FIRE FIGHTING METHODS fluoride. UNUSUAL FIRE OR EXPLOSION HAZARDS:None 6. ACCIDENTAL RELEASE MEASURES: Use appropriate protective equipment. Clear area of unnecessary personal. Spills may be slippery and should be cleaned up Warning this substance is very toxic to aquatic organisms. Avoid contamination of any water supply. runoff into waterways or drains. 7, HANDLING AND STORAGE: Store in orginal container, tightly closed away from foodstuffs. Harmful - Keep out of reach of children. 8. EXPOSURE CONTROLS / PERSONAL PROTECTION: Wear personal protective equipment appropriate to the situation when handling product. Wash protective clothing daily after work. EXPOSURE LIMITS: nvironmental Exposure Limits [EEL] set: EELwater; 0.05 ng/L Bifenthri o exposure limits (WES or TEL have been specifically assigned for this produc EYE PROTECTION: Chemical goggles or face shield where splash may occur. RESPIRATORY PROTECTION: pestiples. Respirator set exposis Based are contrarespirator which is approved for PROTECTIVE CLOTHING: Wash protective clothing daily after work. When handling wear waterproof gloves, overalls and boots. Avoid skin contact. VENTILATION: General (mechanical) room ventilation is considered satisfactory. HYGIENE PRECAUTIONS: contaminated and wash before re-use. Wash hands before breaks and after work. The use of a skir Do not eat drink or smoke while working with this product. Remove clothing that becomes soaked or barrier cream is useful to give additional skin protection.#

Page 5NEW PLYMOUTH, NEW ZEALAND P.O. BOX 7142 ZELAM LIMITED zelam WEBSITE: www.zelam.com PH: +64 6 755 9234 FAX: +64 6 755 1174 This MSDS Consists of 16 Sections. Material Safety Data Sheet Revised Date: 04/03/2015 Page 4 PERMATEK 100 ENCAPS. 9. PHYSICAL AND CHEMICAL PROPERTIES: BOILING POINT: APPEARANCE / STATE / ODOUR: Viscous tan coloured suspension DENSITY: 100°C DECOMPOSITION TEMP: 1.01 pH: 8 - 9.5 FLASHPOINT: Not available. SETTING POINT: Not available. EXPLOSION PROPERTIES: Not available. >103°C closed cup VAPOUR DENSITY: AUTOIGNITION TEMP: Not available. Not available. SOLUBILITY: < 1 ug/L (bifenthrin) VAPOUR PRESSURE: Not available. OTHER DATA: OCTANOL / WATER PARTITION COEFFICIENT: Kow Logp >6 (bifenthrin) 10. STABILITY AND REACTIVITY: CONDITIONS TO AVOID: Stable under normal storage conditons. Keep in a cool place away from heat and away from open HAZARDOUS DECOMPOSITION MATERIALS TO AVOID: Incompatable with strong acids and bases and strong oxiding agents. flames. Oxides of carbon and hydrogen fluoride and other componds of fluorine. 11. TOXICOLOGICAL INFORMATION: ACUTE ORAL: ACUTE DERMAL: 2880 mg/kg by calculation >500 mg/kg by calculation ACUTE INHALATION: 11.0 mg/L by calculation OTHER TOXICITY INFORMATION: Harmful - may be harmful if swallowed, inhaled or absorbed through the skin. Harmful - may cause organ damage from repeated oral exposure at high doses. Harmful - may cause eye irritation. Avoid contact with eyes. 12. ECOLOGICAL INFORMATION: Terrestrial Vertebrates - Birds: LD50 bobwhite quail, 1800 mg/kg. Aquatic Toxicity: Very toxic to fish. LC 50 (96 hr) for rainbow trout, 0.00015 mg/L. Terrestrial Invertebrates - Bees: Very toxic to bees. Very Toxic to fish/aquatic organisms with long lasting effects. Avoid contamination of any water supply with this product or empty container. Harmful to the soil environment Very Toxic to terrestrial invertebrates [bees] Toxic to terrestrial vertebrates [birds] 13. DISPOSAL CONSIDERATIONS: the purpose. DO NOT dispose of undiluted chemicals on site. DO NOT burn empty containers or product. 14, TRANSPORT INFORMATION: U.S. SURFACE FREIGHT CLASS: This product is not subject to DOT regulations as a hazardous material when shipped in non-bulk packages. OTHER SHIPPING INFORMATION: This product is not regulated for transport in the USA when shipped via highway or railroad in non ulk packages. Describe using the "U.S. Surface Freight Class" above, which applies in all cases SPECIAL NOTE: The following applies to shipments over water, and shipments in bulk packages: Proper Shering Name: 50RONMENTALLY HAZARDOUS SUBSTANCE, LIQUIN Hazard Glass: in) Packing Group: Additional Information: Bifenthrin is a severe marine pollutant Hazchem Code: 15, REGULATORY INFORMATION: This product DOES NOT have Approved Handler, Tracking, or Record Keeping Requirements when used as a timber preservative. Approved pursuant to the HSNO Act 1996. NZ EPA Approval Code: HSR002453 See <www.epa.govt.nz> for controls. 16, OTHER INFORMATION: The data given here is based on current knowledge and experience. The purpose of this safety data sheet is to describe the products in terms of their safety requirements. The data does not signify any warranty with regard to the product's properties.#