Public Utilities Commission of Ohio — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 24, 2020 Tom Forbes Public Utilities Commission of Ohio 180 E. Broad Street Suite 431 Columbus, OH 43215 Reference No. 19-0104 Dear Mr. Forbes: This letter is in response to your August 6, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of a marine pollutant. Specifically, you ask whether the material described in your email as a brightener solution that contains “35-40% alcohols, C10-C16 ethoxylate” meets the definition of a marine pollutant. In accordance with § 171.8, a marine pollutant means a material which is listed in Appendix B to § 172.101 of the HMR (also see § 171.4) and, when in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds: (1) Ten percent by weight of the solution or mixture for materials listed in the appendix; or (2) one percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix. It is the shipper’s responsibility to classify a hazardous material. Alcohol C-12-C-16 poly(1-6) ethoxylate is listed as a marine pollutant in Appendix B of § 172.101. This entry includes ethoxylated alcohols with a range of polymers from C-12 to C-16. If the shipper determines that the brightener solution contains 10 percent by weight or more of these molecules, it is considered a marine pollutant. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Dodd, Alice (PHMSA) 19~()/()y' From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Tuesday, August 13, 2019 4:44 PM Hazmat Interps FW: Marine Pollutant Question - Follow Up Info IMG_0834. jpg; IMG_0835Jpg; IMG_0837. jpg Hello Alice and lkeya, Below is a request for interpretation with attached SDS. Thanks, Jonathon, HMIC From: tom.forbes@puco.ohio.gov [mailto:tom.forbes@puco.ohio.gov] Sent: Tuesday, August 13, 2019 12:00 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: FW: Marine Pollutant Question - Follow Up Info Staff: This is additional information requested get a written interpretation on the questions below. I have attached 3 photos of the SDS. They are blurry but that is all I have. I have sent an e-mail requesting the SDS from Calvary Industrial Inc. Mailing Address 180 E. Broad Street, Suite 431 Columbus, Ohio 43215 Tom Forbes Public Utilities Commission of Ohio Transportation Department Assistant Chief Motor Carrier & Rail Enforcement Division Cell {614} 519-2811 Office {614) 644-0296 This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it. 1#

Page 3From: Forbes, William Sent: Tuesday, August 06, 2019 6:44 PM To: infocntr@dot.gov Subject: Marine Pollutant Question HM Info Staff: Recently we had a tanker rollover involving the material listed below and I have a question about Marine Pollutant Requirements. The cargo tank was transporting a brightener solution that contained 35-40 % Alcohols, C10-C16 ethoxylate. It had no marking or HM shipping paper. The Marine Pollutant List in Appendix B of 172.101 lists Alcohol C-12 - C-16 poly(l-6) ethoxylate as a Marine Pollutant. Note that one is C10-C16 ethoxylate and the other is C12-C16 ethoxylate. In determining if a material is a marine pollutant is anything in the carbon range included? Such as C12-C16 or is in exclusively within the carbon range where C10-C16 would not be a Marine Pollutant? Does the 2 carbon atoms Cl0 and C-11 change anything? Thanks for reviewing, Tom Forbes Public Utilities Commission of Ohio Transportation Department Assistant Chief Motor Carrier & Rail Enforcement Division Cell (614) 519-2811 Office (614) 644-0296 This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it. 2#

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