Leslie’s Poolmart, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 13, 2020 Mike Jennings Leslie’s Poolmart, Inc. 2005 E. Indian School Road Phoenix, AZ 85016 Reference No. 20-0065 Dear Mr. Jennings: This letter is in response to your August 17, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to bulk packagings of certain low hazard solid materials. In your email, you specifically ask about transporting “UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II” in “sift-proof non-DOT Specification closed bulk bins” as authorized by § 173.240(c). In your email, you state that the hazardous material will be transported by ground and packaged in a non-DOT specification cardboard box (i.e., a conventional Gaylord box). Further, you state that the box meets the definition of a bulk packaging and that it is filled with one-pound sealed pouches of the hazardous material with the box either lined with plastic or each individual pouch placed in a plastic bag. Finally, you state that the box is overpacked by shrink-wrapping it to a pallet. We have paraphrased and answered your questions as follows: Q1. You ask whether the packaging described would be considered a sift-proof, non-DOT specification closed bulk bin in accordance with § 173.240(c). A1. The answer is yes, provided the packaging is consistent with the HMR definition of sift- proof. In accordance with § 171.8, “sift-proof packaging” means a packaging impermeable to dry contents, including fine solid material produced during transportation. The HMR does not define “closed bulk bin,” but it can be described as an “enclosed packaging that is tough, firm, and durable (i.e., strong), constructed so that its contents cannot pass through (i.e., completely enclosed), and which meets other applicable requirements of § 173.24.” It is the shipper’s responsibility to ensure that the packaging is “designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation” there will be no identifiable release of hazardous material (see § 173.24(b)).#

Page 2Q2. You ask whether “UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II” may be excepted from UN specification or performance-oriented packaging. A2. The answer is yes. As specified in the § 172.101 Hazardous Materials Table, the authorized bulk packaging section referenced in column (8B) for “UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II” is § 173.240 (bulk packaging for certain low hazard solid materials). Section 173.240(c) specifies that a sift-proof, non-DOT specification, closed bulk bin is an authorized packaging for this material. Please be aware that non-DOT specification bulk packagings must still meet the general packaging requirements in §§ 173.24 and 173.24b. Q3. You ask whether the “OVERPACK” marking is required on the palletized Gaylord box. A3. The answer is no. As prescribed in § 173.25(a)(4), the “OVERPACK” marking is required when specification packagings are required. Therefore, because you are not using a specification bulk packaging, the “OVERPACK” marking is not required. 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 3Cardez 20-0065 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Letter of Interpretation Request Date: Wednesday, August 19, 2020 3:48:47 PM Hello Alice, Below is a letter of interpretation request. Thanks, Jonathon, HMIC From: Mike Jennings [mailto:mjennings@lesl.com] Sent: Monday, August 17, 2020 6:40 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern; We are seeking clarification with regard to shipping of UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II in bulk packaging as described at 49 CFR 173.240(c), specifically, that part reading “and sift-proof non-DOT Specification….closed bulk bins are authorized.” The mode of shipment would be highway. We believe the following described packaging scenario meets the requirements applicable to the identified hazardous material and regulatory citation. The outer packaging would be a large, sturdy, non-DOT specification cardboard box (e.g. Gaylord box). The box used would have a net mass (once filled) of greater than 400 kg (882 pounds) AND a maximum capacity greater than 450 L (119 gallons). One pound, sealed pouches filled with the hazardous material would be placed inside the box. Either a plastic liner would be in the box between the one pound pouches and box or each of the one pound pouches of hazardous material would be placed in plastic bags (and bags secured closed) before being placed inside the box. The package would then be “overpacked” by placement on and shrink-wrapping to a pallet. Have we correctly interpreted, and do you agree, that the method of packaging and package described in the preceding scenario would be compliant for shipment by highway and is: A sift-proof non-DOT Specification closed bulk bin Not subject to UN specification or Performance Oriented Packaging Not subject to the “overpack” marking requirement due to the “non-DOT specification” status of the package inside Thank you,#

Page 4Mike Jennings Leslie’s Poolmart, Inc. 2005 E. Indian School Road Phoenix, AZ 85016 Phone: (602) 366-3946 Fax: (602) 366-3921 CONFIDENTIALITY NOTICE: This electronic transmission and any attachment hereto are the private confidential property of the sender, and the materials are privileged communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this electronic transmission is strictly prohibited, and may result in legal liability on your part. If you have received this e-mail in error, please notify the sender immediately by replying to this email, by telephone at 602-366-3999 or by fax at 602-366- 3944.#