Evonik Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 November 17, 2021 Mr. Robert Miller Evonik Corporation 7201 Hamilton Blvd Allentown, PA 18195 Reference No. 21-0105 Dear Mr. Miller: This letter is in response to your November 15, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of hydrogen peroxide aqueous solutions. You ask whether the hazardous materials descriptions for “UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary), 5.1 (8), PG II” and “UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary), 5.1 (8), PG II” could have the text “stabilized as necessary” in italics. The answer is yes. As currently provided in § 172.101 of the Hazardous Materials Table (HMT), the HMR list the hazardous materials descriptions for “UN2014” as follows: • UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary) • UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary) However, there was an inadvertent editorial error made when the HM-219C1 final rule published in November 2020 that removed the italics from each description in the HMT. The Pipeline and Hazardous Materials Safety Administration (PHMSA) can confirm that this was an inadvertent editorial error and these descriptions should read as: 1 See the HM-219C final rule titled “Hazardous Materials: Adoption of Miscellaneous Petitions To Reduce Regulatory Burdens” published on November 25, 2020 [85 FR 75680] at: https://www.govinfo.gov/content/pkg/FR- 2020-11-25/pdf/2020-23712.pdf#

Page 2• UN2014, Hydrogen, peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary) • UN2014, Hydrogen, peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary) Thank you for bringing this issue to our attention and please note that PHMSA will correct this inadvertent editorial error in an upcoming rulemaking. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Shane C. Kelley Director Standards and Rulemaking Division Office of Hazardous Materials Safety#

Page 3Andrews 21-0105 From: Co: To: Dodd, Alice (PHMSA) INFOCNTR (PHMSA) Subject: Hazmat Interps Date: FW: Urgent Request for Letter of Interpretation on UN2014 PSN Correction Importance: High Tuesday, November 16, 2021 5:04:00 PM Hello Alice, Please see the below request for interpretation. Let me know if you need anything. Regards, -Breanna From: Miller, Robert <robert.miller@ evonik.com> Sent: Monday, November 15, 2021 2:00 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Urgent Request for Letter of Interpretation on UN2014 PSN Correction Importance: High 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. Greetings, time frame for correcting the PSN of UN2014? The phrase "(stabilized as necessary)" was mistakenly May I please request a Letter of Interpretation that addresses my below issue and provides a left as Roman type and not italicized as it should have been, therefore it is not part of the Proper requiring written response from PHMSA indicating it is not a violation to omit that phrase. Shipping Name and not required to be printed on the BoL. This is causing unnecessary shipment delays Thanks, Rob Please rate our service today! Have feedback you'd like to share? Robert Miller P +1 610 573-5129 | C +1 973 202-3038 | robert.miller@evonik.com Manager - Compliance and Audit Reporting | ESHQ Services | North America Evonik Corporation Evonik in North America 7201 Hamilton Blvd | Allentown, Pennsylvania 18195 | USA LinkedIn | Twitter | Instagram | Facebook#

Page 4This message and any attachments are the property of Evonik Industries AG and its subsidiaries, are confidential, and may be privileged or otherwise protected from disclosure. This message is intended solely for the use of the addressee. If you receive this e- mail in error, please telephone or e-mail the sender and delete this message and any attachments from your system. If you are not the intended recipient you are strictly prohibited from disclosing, copying, distributing or using any of this information. From: Miller, Robert Sent: Monday, November 15, 2021 11:28 AM To: infocntr@dot.gov Subject: Urgent UN2014 PSN Correction Importance: High Greetings, This is in regards to an issue I discussed with your info center a week ago. May I ask for an update as to when the PSN for UN2014 will be corrected or a statement that the phrase “(stabilized as necessary)” was mistakenly left as Roman type and not italicized as it should have been. I understand that in a few weeks PHMSA will correct this in the eCFR, which means, that phrase is not part of the Proper Shipping Name and not required to be printed on the BoL, but I need a timeline. In order to get our shipments out, carriers and freight forwarders are holding up our shipments due to this oversight and misunderstanding. Therefore, I need a statement from PHMSA as to when this will occur so they know it is not part of the PSN and will process our shipments as being in compliance. Please advise as this is an urgent matter. Thanks you, Rob Have feedback you’d like to share? Please rate our service today! Robert Miller Manager – Compliance and Audit Reporting | ESHQ Services | North America P +1 610 573-5129 | C +1 973 202-3038 | robert.miller@evonik.com Evonik Corporation 7201 Hamilton Blvd | Allentown, Pennsylvania 18195 | USA Evonik in North America LinkedIn | Twitter | Instagram | Facebook This message and any attachments are the property of Evonik Industries AG and its subsidiaries, are confidential, and may be privileged or otherwise protected from disclosure. This message is intended solely for the use of the addressee. If you receive this e- mail in error, please telephone or e-mail the sender and delete this message and any attachments from your system. If you are not the intended recipient you are strictly prohibited from disclosing, copying, distributing or using any of this information.#