{"operation":"document","citation":"19-0100","title":"Global Cellulose Fibers — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-13","effective_on":null,"summary":"19-0100 response to Global Cellulose Fibers concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73921/190100.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 13, 2020\nPaul Bissett\nProject Manager\nGlobal Cellulose Fibers\n32901 Weyerhaeuser Way South,\nSuite 101\nFederal Way, WA 98001\nReference No. 19-0100\nDear Mr. Bissett:\nThis is in response to your July 31, 2019 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to materials of trade.\nSpecifically, you ask whether the process you describe in your letter for transporting chlorine\ndioxide, hydrate, frozen is acceptable under the HMR and/or the materials of trade exceptions\nspecified in § 173.6.\nThis Office is not able to approve a company’s transportation process; however, it can determine\nthe material’s eligibility for the exceptions in § 173.6. In your letter, you state that the material\nin question is a Division 5.1 material (oxidizer) with a Division 6.1 (poisonous) subsidiary\nhazard in Packing Group (PG) II and is being used for research in your Washington facility. You\nalso state that the material is packaged in 1-gallon plastic inners with a 4G PG I outer packaging\nwhich is then placed in a cooler with dry ice that is secured within the vehicle. Not more than\nfour gallons of the material are transported at any given time. Finally, you state that it is part of\nyour standard procedure to prepare the necessary shipping papers for the material, and to carry a\ncopy of the Emergency Response Guide.\n\n<<<PAGE 2>>>\n\nGiven the information you have provided, your material is not eligible for the materials of trade\nexception. However, provided the outside of the cooler described in your letter is properly\nmarked and labeled, your material can be shipped in the manner described without the need of\nthe materials of trade exemptions in § 173.6.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nINTERNATIONAL@ PAPER I Global Cellulose Fibers\nw~\nPAUL J. BISSETT\nPROJECT MANAGER/TECHNICAL LEAD\nGLOBAL CELLULOSE FIBERS\n32901 WEYERHAEUSER WAY SOUTH, SUITE 101\nFEDERAL WAY, WA 98001\nT 253 924-4646\nM 253 394-1018\npaul. bissett@ipaper. com\nJuly 31, 2019\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA\nInternational Paper's Global Cellulose Fibers business operates a new product\ndevelopment and innovation center in Federal Way, WA, IP Global Cellulose Fibers\nInnovation Center. At this location we conduct product and process research and for\nsome technologies and process development work require a commonly used pulp\nbleaching chemistry, chlorine dioxide (CAS 10049-04-4). Prior to the divestiture of our\nLongview, WA pulp and paper mill to Nippon Dynawave, when a portion of our pulp\nbusiness was still part of Weyerhaeuser Company, we would collect liquid chlorine\ndioxide (concentration = 9 g/L), in appropriate chemically compatible Nalgene gallon\nplastic jugs, freeze to a solid, and then transport no more than 4 gallons of the frozen\nhydrate at a time to our Federal Way, WA location. The frozen gallon bottles were\npackaged in a HAZMAT 4G rated corrugated box per DOT shipping regulations\n(referenced in the procedure - https://www.berlinpackaging.com/1434h01 -12-2-x-12-2-x-\n13-6-un4g-hazmat-shipping-boxes-for-steel-pai1D and placed with dry ice inside a cold\nstorage transport cooler. The storage cooler was then secured to the bed of the\ntransport truck (see full transport procedure enclosed - substitute International Paper\nGlobal Cellulose Fibers Innovation Center for references to the Weyerhaeuser\nTechnology Center (WTC) ). The standard procedures we developed for safe transport\nwere carefully prepared to comply with, and exceed , applicable DOT regulations that\nwere outlined under the Materials of Trade (MOT) provisions.\nAccording to International Paper's understanding and interpretation of MOT provision,\nthe U.S. DOT allows certain hazardous materials to be transported in small quantities as\npart of a business function and are subject to less regulation. Frozen chlorine dioxide\nhydrate is classified by the U.S. DOT under Hazardous Material Regulations (HMR) as a\nHazard Class 5.1 (oxidizer) with subsidiary hazard class 6.1 (toxic) and Packing Group II\n(medium hazard). Accordingly, under the Materials of Trade (MOT) classification for this\nHazard Class and Packing Group it is permissible to transport, with appropriate\nadherence to MOT regulations, 66 lbs. (30 kg) of a solid or 8 gallons (30 L) of a liquid\n(we take the additional precaution of making the liquid chlorine dioxide a solid by\nfreezing).\n\n<<<PAGE 4>>>\n\nINTERNATIONAL@PAPER\nWe would like to transport chlorine dioxide frozen hydrate (9g/L concentration) from\nLongview, WA to Federal Way, WA using the same procedures as we had previously\nused, but have been asked by Nippon Dynawave to provide a letter confirming that the\nproposed transport procedures are in compliance with DOT Hazardous Material\ntransport regulations.\nEven if we were to set-aside the appropriateness of the MOT provisions as the\nguidelines for transport, according to the DOT regulation the < 4 gallons is under the\nquantity where vehicle placarding is required , so IP's understanding is that DOT\nregulations would not require a commercial driver's license - CDL and our SOP for safe\ntransport procedures already meet and exceed the packaging requirements. In addition,\nin our standard transport procedure the individuals that would be responsible for\ntransporting the chlorine dioxide frozen hydrate would always be a DOT HAZMAT\ntrained and certified shipper and in addition would also be hazardous waste operations\n(HAZWOPER) certified. The remaining requirements to fulfill the DOT hazardous\nmaterials shipping regulations for the <4 gallon quantity of CIO2 frozen hydrate would\nbe to prepare the necessary shipping papers (standard bill of lading) and to carry a DOT\nemergency response guide, which is included in our standard procedure.\nPlease revert with formal letter of interpretation of the DOT provisions and applicability\nof MOT and or standard DOT hazardous materials transport regulations to the transport\nof less than 4 gallons of chlorine dioxide frozen hydrate using our standard operating\nprocedure for transport, as detailed in the attached enclosure.\nSincerely,\n-\nPaul Bissett\nINTlltNA110NAL@Mn.11\nGlobal Cellulose Fibers\nTel: (253) 924-4646\nCell: (253) 394-1018\npaul.bissett@ipaper.com\n2\n\n<<<PAGE 5>>>\n\nChlorine Dioxide Safety Procedures\nPurpose:\nThis checklist was developed to support the safe ordering, packaging, transportation and storage of Chlorine Dioxide\nhydrate (CIO2) from the Longview paper mill to the Weyerhaeuser Technology Center (WTC). Each step must be\ncompleted as written in order to comply with all regulations and safe practices. Failure to follow these procedures may\nresult in disciplinary action.\nTechnology staff requiring CIO2 should contact Brian Mulderig, Carole Herriott or their delegates with at least one (1)\nweek's notice to provide adequate time to use any current supply of CIO2, arrange collection and freezing time (at least\n2 days), and transportation personnel and vehicle.\nPersons transporting the CIO2 must have current (with in 3 years) on line DOT training and Materials of Trade training\nfrom the Safety Office and be cleared to use the company truck. CIO2 may NOT be transported in personal vehicles.\nOrdering:\n_Verify storage space is available and that old CIO2 has been completely consumed . If residual CIO2 is present\nschedule a brown stock bleach with the bleach technicians to consume remaining stock prior to ordering any additional\nCIO2.\n_Determine the amount of CIO2 required to complete assigned task. Containers are ~1 gallon in volume with 4\ncontainers/box and a limit of 2 boxes/cooler and a limit of 1 coolers in the truck. The total volume of CIO2/trip is no\nmore than 8 gallons due to Longview only being able to freeze 8 containers at a time.\nName of requester:\n--------------------------------------\nVolume of CIO2 needed:\n------------------------------------\nProject number for time and transportation charges: ________________________ _\n_ Submit a chemical approval request. Each order of CIO2 must be PRECEDED by an APPROVED chemical request.\nRequests can be made from the WTC Technology Safety Office SharePoint site. Link:\nhttp://wss.weyer.com/sites/rdsafety/Lists/approvals/Everything.aspx CIO2 meets the requirements for mandatory\nchemical approval each time it is ordered because of a health hazard rating of 4, large volume (over 5 gallons), and it's\non the WTC restricted chemical list.\n_ Obtain Safety office approval verifying all above steps have been completed.\n_ Contact Brian Mulderig (or his delegate) to make collection and transportation arrangements, provide him with this\ndocument completed and signed below.\nMy signature below indicates I have done all the above steps\nRequester signature: _______________________ Date: __________ _\nSafety Office approval: _______________________ Date: __________ _\n\n<<<PAGE 6>>>\n\nContact Longview:\n_Call Jeff Whitman (360) 414-3979 (Jeff.Whitman@lvpnp.com) to arrange a convenient time for him to collect the\ndesired amount of CIO2 and place into the freezer onsite. (Jeff is not responsible to pack the frozen jugs of CIO2 into the\nboxes; this should be handled by the person picking up the load) PLEASE ALLOW TWO DAYS FOR BOTTLES TO FREEZE\nCOMPLETELY\nPackaging:\nPackaging must meet UN Packing Group (PG) I standards\n_\nLoad the truck with the amount of packaging you will need for entire amount of CIO2 requested . Extra jugs can be\nprovided to Jeff for future shipments.\n_One gallon jugs - 135 oz White Kautex UN approved square leak proof plastic HOPE bottles (FRUEND product\n# 3211837) with proper HMIS labels, fill line labels and service date labels affixed.\n- labels available from the\nSafety Office\n_Cardboard UN rated boxes - Hazmat 5 gallon shipping boxes (FREUND product# 1434H01) - with proper\nshipping and hazard labels affixed - labels available from the Safety Office.\n_Packing tape specifically required by closing instructions (3M 355) - available from Safety Office\n_Plastic poly bags with zip ties to fit jugs\n_Absorbent pads -18 gal/100 pad Enpac Sorbent pads (FREUND product# 1337T28)\n_ 2 blocks of dry ice per cooler- Star Ice & Fuel 8220 Pacific Hwy E. Fife, WA 98422 Phone: (253) 922-2777 or\n1-800-310-4423 or Longview Walmart 540 7th Ave. Longview, WA 98632 Phone: (360) 414-9656\n_1 storage cooler\n_Straps to secure cooler\nTransportation:\n_Check road and weather conditions and forecasts. If it is likely that road conditions will deteriorate past where it is\nsafe to travel, cancel the pickup.\n_Drive to Longview and enter guard gate at the mill, you'll need to drive around the facility to get to the bleach plant.\nFollow all traffic signs and speed limits.\n_Verify the CIO2 has frozen completely and is not slushy or liquid.\n_Verify the jugs have not cracked or split due to overuse or over filling. DO NOT TRANSPORT DAMAGED CONTAINERS\n_Place each jug into plastic bag and secure bag with zip tie.\n_Open and tape cardboard box if needed . Use proper tape and given in the closing instructions.\n_Place up to 4 jugs into cardboard box with absorbent pads and close box according to instructions.\n_Place box(es) into coolers with dry ice.\n_Verify the coolers are secured to the truck to prevent them from sliding around.\n_Contact the WTC Safety Office (253) 924-5401 and Rick Bogar (253) 924-6527 to let them know you are transporting\nCIO2 and the total volume.\n_Drive back to WTC. When you arrive let the Safety Office know ASAP.\nEmergencies:\nDo not transport CIO2 if road conditions become unsafe. Contact the WTC Safety Office in the event of an emergency.\nThe dry ice will keep the CIO2 frozen for at least 12 hours if the cooler is kept closed. Stay with the truck unless you\nneed to seek medical attention or it is unsafe to stay with the truck.\nIf a roadside emergency happens the Safety Office will coordinate a response and another truck may be sent to pick up\nthe load and a tow truck sent to transport the broken vehicle to a repair shop.","truncated":false,"body_characters":12301}