ResinLab — 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 O 3 ' 2019 Andrea Florin Regulatory Affairs Specialist ResinLab N109 W13300 Ellsworth Drive Germantown, WI 53022 Reference No. 19-0071 Dear Ms. Florin: This letter is in response to your June 4, 2019, letter and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marine pollutants. You state that your company currently classifies the liquid Epoxy Resin as "UN3082, Environmentally hazardous substances, liquid, n.o.s., Class 9, PG III." You also state that the Globally Harmonized System identifies this material as "aquatic chronic 2," toxic to aquatic life with long lasting effects. You note that there is inconsistency in the industry as to whether the material is classified as "UN3082" based on its identification as a marine pollutant. Specifically, you ask whether it is permissible to transport mixtures containing Epoxy Resin (CAS 25068-38-6: Bisphenol-A-(epichlorohydrin) epoxy resin) as a non-regulated material for domestic purposes because it does not appear in the HMR under Appendix B to § 172.101 - List ofMarine Pollutants. The answer to your question is yes. The material is not listed under the List of Marine Pollutants in Appendix B to § 1 72.101 of the HMR, and therefore is not regulated as a marine pollutant for domestic transportation. Note 4 of Appendix B states: If a material is not listed in this appendix and meets the criteria for a marine pollutant as provided in Chapter 2.9 of the International Maritime Dangerous Goods Code (IMDG Code), the material may be transported as a marine pollutant in accordance with the applicable requirements of this subchapter. The category identified as "aquatic chronic 2" is one of the criteria shown in Chapter 2.9 of the IMDG Code that leads to the classification as a marine pollutant. Therefore, the material may be classified as such for domestic transportation according to the HMR. This classification is a permissive one, but is not required for domestic transportation. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, . - ~~~~-~- T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: Kelley, Shane (PHMSA) Wednesday, June OS, 2019 5:10 PM Hazmat Interps FW: Request for interpretation of regulations Request for Interpretation 06052019.pdf Please log for response and thank you From: Patterson, Tyler (PHMSA) Sent: Wednesday, June 5, 2019 4:39 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Cc: Robbs, Jenaya CTR (PHMSA) <jenaya.robbs.ctr@dot.gov> Subject: Fwd: Request for interpretation of regulations Shane, I received an interp request and am forwarding to you for follow-up. Tyler Patterson Director, Central Region Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety 901 Locust St Suite 480 Kansas City, MO 64106 (816) 329-3815 (Phone) tyler.patterson0ldot. ~ov From: Andrea Florin <aflorin@E llsworth.com> Sent: Wednesday, June 5, 2019 2:52:32 PM To: Pickett, Angela (PHMSA) Cc: Patterson, Tyler (PHMSA) Subject: RE: Request for interpretation of regulations Hello, Thank you Angela, I attached the formal letter I drafted with the details of the specific situation we are asking about. Mr. Patterson, please accept this letter as a formal request for an interpretation of the hazardous shipping regulations. did also get a note back from Jenaya Robbs but our management really wants this in writing. Thanks again, Andrea Florin Regulatory Affairs Specialist Resin Lab Tel/Fax: +1 (262) 478-8700 1#

Page 3Email: aflorin@Ellsworth.com I Web: www.resinlab.com 0DResinlaD AH HUWOIITW AOHIU V U COH,A H Yf¥l ISO 9001:2015 Certified IMPORTANT r,JOTJCE. This E mai l and anv attachments may contain contIdentIal, prop1· 1 etary or legallV pnvIleged information Tt·11s e mail Is intended solely for· the use of the 111rliv1dual or entity to which it 1s addressed. If the reade1· of this mE:ssage rs not the intended rec1p1er1t, you are t1 ereby notif1e-d that any disclosure, dIssernina t 1on, distribution, copying, 01 othe1 use of this message or its attachments is strictl)' proh ibited 21na may be unlav11 ful. If you !12ve received this message 1n err0t, please notify tl1e sende1· 1mrned1ately bv telepl1rJne at (262)202-EGlO c:nd promptl) deiete this message and destroy any cop ies or printouts ot th1:, e-mail and its attachments. !~cth1ng 111 this comr11unicat1un constitutes a rtpresentat1or1 or v..- arrant y b)-' Pes1nlab or it s aff1 l1ates Res1nlab's Terrns and Cond1t1ons Govern1ny Solt:s opµlv to anv tran~act10•1 bd1. · .,ee11 Ke:,111IatJ 2ir1d a custc1mer or othei buyer Such lerms a re Incorpo1ated herein by rE: fe1·ence and aIe set forth at www.res1nlab.com 01 may be obtaint=d by culling (877) 2S91669 E,y ordern1Q, customer dcknowledges it (121s read and ac;uees to the 1 erms From: Pickett, Angela (PHMSA} <Angela.Pickett@dot.gov> Sent: Wednesday, June 5, 2019 2:40 PM To: Andrea Florin <aflorin@Ellsworth.com> Cc: Pickett, Angela (PHMSA} <Angela.Pickett@dot.gov> Subject: RE : Request for interpretation of regulations EXTERNAL EMA IL: This message originated from outside the Ellsworth organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Never give out your user ID or password. Hi Andrea, I have forwarded your concern to the HAZMAT department for response. Mr. Tyler Patterson is the Director and his contact information is: tyler.patterson@dot.gov, (816} 329-3815. I hope this helps. Sincerely, Angela Pickett Central Region-Community Liaison US DOT- PHMSA 816 329-3823 From: Andrea Florin [mailto:aflorin@Ellsworth.com] Sent: Wednesday, June 05, 2019 2:14 PM To: Pickett, Angela (PHMSA} <Angela.Pickett@dot.gov> Subject: Request for interpretation of regulations Importance: High 2#

Page 4Hello Angela, Thank you for returning my call today. Sorry I missed you. In reviewing the regulations for shipping hazardous materials specifically Marine Pollutants I was not able to locate specific guidance on how to ship a material when the CAS number does not appear in the 49 CFR 172.101 Appendix B and the substance does not fall under any other hazard classes but is classified as toxic to aquatic life per GHS rules. I did some investigation on the internet and discovered that there are differences in how this material is classified for domestic transport in the marketplace which lead me to wanting a formal letter of interpretation on the subject. How do I proceed with this type of request? Thank you for your time. Andrea Florin Regulatory Affairs Specialist Resin Lab Tel/Fax: +1 (262} 478-8700 Email: aflorin@Ellsworth.com Web: www.resinlab.com 0:Resinla~ AN llLJWOIITW ACHUIVU C:C"~AN Yl!ri ISO 9001:2015 Certified 11,H'ORTM-~ r r-:O~ICE ll11s e:--1na1I ond uriy ottad1r1,E:r1ts 111uy cor1tdir· confldent1al, ~rup11dory or legally ~r1v1legt:d 1rifurrnat1u11 1111s t: 1110111s 1nte:r1d~d :..olel, fu· tl1e use of the 111c.hv1dual or enu, to wto1c:11t 1s add1,:,_.c,ed If the reader c,f this n esso9e 1s not the 111tt1,ded rec1p1ent, you are hereby notified that any disclosure, drssemrnallon, dtst11Gut1011, copying, 01 oth~r U9:' of th;s n-essa(?C" vr its attaC11rne1.t.:, 1s strictly prot11t1ted and rnav bt:' unla1.·,ful. lf you t1avE: received tt11s 1nessage in error, please: notify the senrler 1mmed1ately Lv t~le~·hone at (?62)?02-Gf,1( and prornplly cJ.-,Jete this me~-.:- ·,ge 21nd destrov any cor,res or pr 1ntouts of tt11s E rr1ail and its Jttact1ments Not111no in this comn1u111cot1on con~t1tutes a representation or wi.irranty by Res1nlab 01 its affiliates. Pesrnlal/s lerms arid Conditions Governing Sale:, t,pply to any transact10I·, betwei=-11 Fi.esrnlat) and ci customer or rithc1· buyer. Such Ter111s ?:Irr: 1ncorp01?:1tE.ci 11~11::111 hy 1·efc:1·ence and a1e set fortl1 at W\YW.,.[.~$.L0!.9 .. 0.,.C.Q.CO. or rnay be: ot-itained by calling (fl77) 259-1669 Ry or-cie11ng, rustornr·r acVnowlPdges 1t has read and aq,·ee'. to tt1e rerrn~ 3#

Page 5June 4, 2019 Pipeline and Hazardous Materials Safety Administration Central Region Office U.S. Department of Transportation 901 Locust Street, Suite 480 Kansas City, MO 64106 ATTN: Mr. Tyler Patterson I am writing on behalf of Resinlab, LLC to request a formal letter of interpretation. We are an adhesives manufacturer located in Germantown, Wisconsin. We ship out various types of adhesives in packages as small as a cartridge up to as large as a tote. The interpretation relates to shipping liquid epoxy resin. We are currently shipping liquid Epoxy Resin (CAS # 25068-38-6) as UN3082 Class 9 marine pollutant domestically as a regulated shipment in packages greater than SL. This material is classified by GHS as a skin and eye irritant and environmentally hazardous, toxic to aquatic life/chronic. We purchase this material in bulk tanker and in drums. There is inconsistency in the marketplace for the shipment of this material; some manufacturers ship regulated as UN3082, others do not. Researching and reviewing published Safety Data Sheets and finding differences in how other suppliers and formulators are classifying this material for shipment led me to wanting a definitive answer. We investigated, and Epoxy resin is not listed in 49 CF 172.101 Appendix B which means the DOT does not classify it as a marine pollutant. Is it acceptable to ship mixtures containing Epoxy resin (CAS 25068- 38-6) as non-regulated domestically by DOT because Epoxy resin does not appear under 49 CF 172.101 Appendix B? Sincerely, Andrea Florin Regulatory Affairs Specialist Resin Lab aflori n@e I lsworth .com 262-478-8700#