Entegris — 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 19, 2021 Mr. James V. McManus Entegris 7 Commerce Drive Danbury, CT 06810 Reference No. 21-0091 Dear Mr. McManus: This letter is in response to your September 9, 2021, letter 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)(2) and Chapter 2.10.2.7 of the International Maritime Dangerous Goods (IMDG) Code when shipping a diluted liquid mixture of potassium permanganate. You state that the material has been classed and described as “UN3082, Environmentally hazardous substance, liquid, n.o.s. (contains potassium permanganate), 9, PG III” and prepared for transportation in packagings containing a net quantity per inner packaging of 5 L or less. We paraphrased and answered your questions as follows: Q1. As described, you ask whether the shipment is excepted from the shipping paper requirements specified in Subpart C of Part 172 of the HMR. A1. The answer is yes. In accordance with § 171.4(c)(2), single or combination packagings containing a net quantity per single or inner packaging of 5 L or less for liquids are not subject to any other requirements of the HMR, provided the packagings meet the general requirements in §§ 173.24 and 173.24a and the marine pollutant is not a hazardous waste, a hazardous substance, or meet any other hazard class. Q2. You ask whether the shipment is excepted from the documentation requirements specified in Chapter 5.4 of the IMDG Code. A2. The answer is yes. In accordance with Chapter 2.10.2.7 of the IMDG Code, marine pollutants packaged in single or combination packagings containing a net quantity per#

Page 2single or inner packaging of 5 L or less for liquids or having a net mass per single or inner packaging of 5 kg or less for solids are not subject to any other provisions of the IMDG Code relevant to marine pollutants, provided the packagings meet the general provisions of 4.1.1.1, 4.1.1.2, and 4.1.1.4 to 4.1.1.8. Q3. You ask whether the shipment is excepted from the marking, labeling, and placarding requirements of Subparts D, E, and F of Part 172 of the HMR. A3. The answer is yes. See answer A1. Q4. You ask whether the shipment is excepted from the marking and labeling of packages, and placarding and marking of cargo transport units, as specified in Chapters 5.2 and 5.3 of the IMDG Code. A4. The answer is yes. See answer A2. 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 21-0091 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Request for Interpretation Date: Friday, September 10, 2021 3:15:18 PM Attachments: image001.png image002.png Entegris Request for Interpretation-Exceptions for Marine Pollutants.pdf See Attached Request for Letter of Interpretation. Thanks, Jonathon, HMIC From: Jim McManus <Jim.McManus@entegris.com> Sent: Thursday, September 9, 2021 5:08 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Interpretation 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. Hello, In accordance with 49 CFR §105.20, Entegris is submitting the attached letter requesting a letter of interpretation of the Hazardous Materials Regulations. Regards, Jim Jim McManus Sr. Principal Engineer Dangerous Goods Safety Advisor (DGSA) M 203-482-1606 T 203-207-9307 E jim.mcmanus@entegris.com 7 Commerce Drive Danbury, CT 06810 USA CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. ENTEGRIS PROPRIETARY AND CONFIDENTIAL – INTERNAL#