Freeman Manufacturing & Supply Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 SEP 2 0 2019 Ben Inman Import/Export Analyst Freeman Manufacturing & Supply Company 1101 Moore Rd Avon, OH 44011 Reference No. 19-0065 Dear Mr. Inman: This letter is in response to your May 28, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of marine pollutants. Specifically, you ask for clarification of the exceptions provided for marine pollutants in § 171.4( c ). We have paraphrased and answered your questions as follows: Q 1. You state that your company ships hazardous materials described as "UN3082, Environmentally hazardous substance, liquid, n.o.s., 9, III," with varied technical names in non-bulk quantities. You also mention that your company ships these materials . domestically via motor vehicle, rail car, or aircraft, and ask whether these materials may be shipped under the exceptions in§ 171.4(c)(l). A 1. The answer is yes. As prescribed in § 171.4( c )( 1 ), except when all or part of the transportation is by vessel, the requirements of the HMR specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicle, rail car, or aircraft. Q2. You ask wltether a marine pollutant that meets the exceptions provided in § 171.4( c )(1) must also meet the requirements in§ 171.4(c)(2). A2. The answer is no. Paragraphs (c)(l) and (c)(2) are standalone provisions for exceptions from the marine pollutant requirements of the HMR. Section 171.4( c )(2) specifically provides an alternative exception for marine pollutants shipped by all modes, including vessel, provided the single or combination packagings have a net quantity per single or inner packaging of 5 L (1.3 gallons) or less for liquids and 5 kg (11 lbs) or less net mass for solids and are packaged in accordance with the general requirements of§§ 173.24 and#

Page 2173.24a. Please note that this response is based on the understanding the hazardous material in the example provided is a hazardous material based solely on marine pollutant criteria. If the hazardous material meets Class 1 through 8 criteria or other Class 9 criteria (i.e., hazardous substance), it is still subject to the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sfficerely, / ~ ~n Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Subject: Attachments: Friday, May 24, 2019 4:17 PM Hazmat Interps FW: Letter of Interpretation Request Document2.pdf Hello Alice and lkeya, Please see the attached letter of interpretation request. We talked with Ben and provided regulatory guidance but he would still like a written letter. Thanks, Lynsie Patschke HMIC From: Ben Inman [mailto:binman@freemansupply.com] Sent: Monday, May 13, 2019 1:07 PM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Subject: Interpretation 171.4 Good Afternoon Please see the attached PDF, requesting a formal interpretation. Please feel free to contact me if you need additional information or have any questions. Thank you, Ben Inman Import/Export Analyst Freeman Manufaduring & Supply Company 1101 Moore Rd., Avon OH 44011 (440) 934-1902 x143 I (800) 321-8511 www.freemansupply.com 1#

Page 4Freeman Manufacturing & Supply Company • • FREEMAN 1101 Moore Rd . Avon, OH 44011 P (440) 934-1902, (800) 321 -8511 IF (440) 934-7200 Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 I would like to request a formal interpretation regarding the following: § 171.4 - Marine pollutants ( c) Exceptions. (I) Except when all or part of the transportation is by vessel, the requirements of this subchapter specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicle, rail car or aircraft. (2)Single or combination packagings containing a net quantity per single or inner packaging of 5 Lor less for liquids or having a net mass of 5 kg or Jess for solids, are not subject to any other requirements of this subchapter provided the packagings meet the general requirements in §§ 173.24 and 173.24a. This exception does not apply to marine pollutants that are a hazardous waste or a hazardous substance. In the case of marine pollutants also meeting the criteria for inclusion in another hazard class, all provisions of this subchapter relevant to any additional hazards continue to apply. The material we ship is: UN 3082, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S. (TECHINICAL NAMES VARY), 9, III The quantities of this material range from a quart to a 55 gallon drum. We only ship domestically via road, rail, or air. No ocean shipments. Under 171 .4C 2 it is not clearly stated which mode of transport it pertains to and counteracts the first exception. QI- Since we are shipping quantities under 119 gallons then we could ship this material unregulated? Q2- Since we meet the I st exception we wouldn 't have to apply the 2nd exception? Thank you for your consideration of this request and I look forward to your interpretation. Ben Inman Import/Export Analyst Freeman Manufacturing & Supply Company 1101 Moore Rd., Avon OH 44011 (440) 934-1902 x143 I (800) 321-8511 www.freemansupply.com ------------ www.freemansupply.com I www.freemanwax.com#