{"operation":"document","citation":"22-0017","title":"Old Bridge Chemicals, Madison Industries, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-05-25","effective_on":null,"summary":"22-0017 response to Old Bridge Chemicals, Madison Industries, Inc. concerning 171.4, 171.8, 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76521/220017.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 25, 2022\nMs. Sandy Volk\nTraffic Manager\nOld Bridge Chemicals, Madison Industries, Inc.\n554 Waterworks Road\nOld Bridge, NJ 08856\nReference No. 22-0017\nDear Ms. Volk:\nThis letter is in response to your April 25, 2022, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials\nplacarding and hazardous materials endorsements on commercial driver’s licenses. Specifically,\nyou state that your companies manufacture and transport zinc sulfate and cupric sulfate, and that\nthese materials are described as “UN3077, environmentally hazardous substances, solid, n.o.s., 9,\nPG III.”\nWe have paraphrased and answered your questions as follows:\nQ1. You ask if a hazardous materials endorsement is required on the Commercial Driver’s\nLicenses (CDL) for drivers who transport these materials.\nA1. The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL\nhazmat endorsement, a “hazardous material” is defined in 49 CFR 383.5 as a material\nthat has been designated as hazardous under 49 U.S.C. 5103 and is required to be\nplacarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a\nselect agent or toxin in 42 CFR Part 73. For Class 9, a CLASS 9 placard is not required\nfor domestic transportation in accordance with Subpart F of 49 CFR Part 172 (see\n§ 172.504(f)(9)).\nQ2. You ask if a driver requires a hazardous materials endorsement on their CDL if they are\ntransporting this material for import or export, and there is a Class 9 placard displayed.\nA2. The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL\nhazmat endorsement, a “hazardous material” is defined in 49 CFR 383.5 as a material\nthat has been designated as hazardous under 49 U.S.C. 5103 and is required to be\n\n<<>>\n\nplacarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a\nselect agent or toxin in 42 CFR Part 73. For Class 9, a CLASS 9 placard is not required\nfor domestic transportation, including that portion of international transportation, defined\nin § 171.8, which occurs within the United States.\nQ3. You ask whether a driver transporting these materials to a rail yard for an intermodal\nshipment requires the hazardous materials endorsement on their CDL, and if a placard is\nrequired for rail transportation.\nA3. The answer is no. Please see A1.\nQ4. You state that cupric sulfate is a marine pollutant. You ask if the marine pollutant\nmarking is only required for international vessel shipments.\nA4. The answer is no. As stated in § 171.4(a), no person may offer for transportation or\ntransport a marine pollutant, as defined in § 171.8, in intrastate or interstate commerce\nexcept in accordance with the requirements specific to marine pollutants in the HMR.\nThere is an exception to the marine pollutant requirements in § 171.4(c)(1) which states\nthat except when all or part of the transportation is by vessel, the requirements of the\nHMR specific to marine pollutants do not apply to non-bulk packagings transported by\nmotor vehicle, rail car or aircraft.\nQ5. You ask if drivers transporting these Class 9 materials must follow specified hazardous\nmaterials routes.\nA5. The Federal Motor Carrier Safety Administration is responsible for the Federal Motor\nCarrier Safety Regulations (FMCSR), Parts 200-399, addressing maintenance and use of\nmotor carrier vehicles, including driving and parking rules and routing of non-radioactive\nhazardous materials (NRHM). Federal standards for establishing, maintaining, or\nenforcing specific NRHM routing designations over which NRHM may or may not be\ntransported is found in 49 CFR § 397.71. Except for radioactive materials, neither the\nHMR nor the FMCSR preclude States or other jurisdictions from determining appropriate\nroutes for NRHM, such as on bridges or through tunnels. You should contact the State(s)\nyou are interested in to determine whether NRHM may pass over its bridges and through\nits tunnels.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nShane C. Kelley\nDirector,\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\n22-0017\nFrom: Jones, Breanna CTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Automatic reply: Clarification letter for Old Bridge Chemicals and Madison Industires\nDate: Monday, March 14, 2022 4:02:45 PM\nHi Alice,\nPlease see below for the letter of interpretation request?\nWe are still waiting for some information from the requestor. Once I get it, I will forward it over.\nRegards,\n-Breanna\nFrom: Sandy Volk \nSent: Thursday, March 3, 2022 2:15 PM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Automatic reply: Clarification letter for Old Bridge Chemicals and Madison Industires\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nBrianna\nyou need\nDo you have all the info you need to send old bridge chemicals a letter? If not I will send whatever\nSandy Volk\nSent from my iPhone\nOn Feb 28, 2022, at 9:37 AM, Sandy Volk wrote:\nGood morning Brianna,\nSpoke to Josh this morning. I will be resending you our physical address and a copy of\nthe letter we are using now. In addition I will send you a copy of the materials we hand\nthe driver.\nTo remind you, we are requesting a letter with our company name on it rather than\nanother companies name. Actually, we will need two letters. One for Madison\nIndustries which ships zinc sulfate and one for Old Bridge Chemicals which ships cupric\nSulfate.\nI will be going into the office around 11 and will send it then.\nThanks.\nSandy Volk\n\n<<>>\n\nSent from my iPad\nOn Feb 25, 2022, at 5:28 PM, Sandy Volk wrote:\nThanks for your response. Old bridge chemicals and Madison Industries\nare located at 554 waterworks Road. Old Bridge NJ 08857\nWe look forward to your letter. Please address it to me. sandy Volk.\nAny questions you can call me at 732-682-5762.\nSandy volk\nSent from my iPhone\nOn Feb 25, 2022, at 2:37 PM, INFOCNTR (PHMSA)\n wrote:\n\nDear Sandy,\nWe have received your request for a written letter of\ninterpretation regarding the hazardous materials regulations\n(49 CFR Parts 171-180). The hazardous materials regulations\nare available at the following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrows\ne/Title49/49tab_02.tpl\nHowever, before we can submit your request for processing,\nplease respond to this email with your:\n-Physical Mailing Address\nSincerely,\nBreanna, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal\nguidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\n\n<<>>\n\nFrom: Sandy Volk \nSent: Friday, February 18, 2022 10:25 AM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Automatic reply: Clarification letter for Old\nBridge Chemicals and Madison Industires\nCAUTION: This email originated from outside of the Department of\nTransportation (DOT). Do not click on links or open attachments\nunless you recognize the sender and know the content is safe.\nHi\nI requested a clarification letter for my companies regarding\nclass 9 material shipping. Specifically cdl requirements and\nmarking vs. placarding. We ship Zinc Sulfate and Cupric\nSulfate. UN3077. We have been using a letter you wrote to\nanother company that ships hazmat class 9. We would just\nlike a letter with our name on it since we give it the drivers\nwhen they arrive to help them understand the regs. I can\nbe reached at 732-682-5762 anytime. My name is Sandy\nVolk.\nThank you.\nOld Bridge Chemicals, Madison Industries\nSent from my iPad\nOn Feb 18, 2022, at 10:01 AM, INFOCNTR\n(PHMSA) \nwrote:\nThank you for contacting the HAZMAT Info\nCenter (HMIC) within the Pipeline and\nHazardous Materials Safety Administration\n(PHMSA). The HMIC assists with the use of the\nHazardous Materials Regulations (HMR), and\nprovides other services as noted on our\nwebsite (click here). The information center is\nstaffed Monday through Friday, 9am-5pm EST.\nThis email acknowledges receipt of your\ninquiry. Due to the volume of inquiries during\nthe COVID-19 public health emergency, our\nresponse may be delayed.\nFor information regarding PHMSA operations\n\n<<>>\n\nduring the public health emergency, please\nvisit:\nhttps://www.phmsa.dot.gov/news/assistance-\npublic-during-covid-19\nFor the quickest response, we ask that you\nprovide your name, a phone number, and a\ndetailed question or concern. You may respond\nto this email or contact the HMIC by phone at 1\n(800) 467-4922 or (202) 366-4488.\nRegards,\nHazMat InfoCenter Team\n\n<<>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Clarification letter for Old Bridge Chemicals and Madison Ind.\nDate: Tuesday, March 15, 2022 1:57:13 PM\nAttachments: image001.png\nimage002.png\n1ST PAGE TO DOT PACKAGE 2.22.22.pdf\nDOT PKG.pdf\nHi Alice,\nThis was the information that was missing from the request from Sandy Volk. If possible, could you\nplease merge this request from Nancy with Sandy’s as they are for the same company?\nLet me know if you need me to clarify anything.\nRegards,\n-Breanna\nFrom: Nancy Levine \nSent: Monday, February 28, 2022 11:56 AM\nTo: INFOCNTR (PHMSA) \nCc: Sandy Volk ; Sandy Volk \nSubject: Clarification letter for Old Bridge Chemicals and Madison Ind.\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nGood morning Brianna,\nAs Sandy discussed earlier with Josh, I am requesting the clarification for Class 9 for Zinc Sulfate and\nCupric Sulfate as shipped from Madison Industries and Old Bridge Chemicals accordingly.\nAs requested, you can see the address for both companies below in my signature.\nTo clarify, Zinc Sulfate is manufactured by Madison Industries, and Cupric Sulfate is manufactured by\nOld Bridge Chemicals.\nThe proper shipping name for Zinc Sulfate is:\nUN3077, Environmentally Hazardous Substances, N.O.S. (zinc sulfate), 9, PGIII, RQ, MARINE\nPOLLUTANT, ERG 171, NO PLACARD REQUIRED, 172.504\nThe proper shipping name for Cupric Sulfate is:\nUN3077, Environmentally Hazardous Substances, N.O.S. (cupric sulfate), 9, PGIII, RQ, MARINE\nPOLLUTANT, ERG 171, NO PLACARD REQUIRED, 172.504\n\n<<>>\n\nI am also including the current letter from the US DOT, as well as our information pages that we\ndistribute to the drivers when they take our loads. We are requesting a new letter, because we feel\nit would be easier for the drivers and dispatchers to understand that Old Bridge Chemicals and\nMadison Industries have approval from the DOT for these Class 9 shipments.\nI hope this information is all you need to process the letter I am requesting. If you have any other\nquestions, feel free to contact Sandy at 732-682-5762.\nThank you for your assistance,\nNancy Levine / Sandy Volk\nNancy Levine\nTraffic Department\n554 Waterworks Road | Old Bridge, NJ USA 08857\nPhone: 732-727-2225, Ext. 327\nnlevine@oldbridgechem.com | www.oldbridgechem.com\n**FOR GPS, PLEASE USE 57 WATERWORKS ROAD, OLD BRIDGE, NJ, 08857 **\n\n<<>>\n\nDomestic Shipping of Cupric Sulfate (Class 9 Hazardous Material)\nDomestic Shipping of Zinc Sulfate in Bulk Packaging (Class 9 Hazardous Material)\nISSUE\nas interpreted by DOT officiols\nDescription\n49 CFR Regulation\nJN3077, Environmentally Hazardous Substances, solid, n.o.s., (Cupr\nProper Shipping Name:\nREOUIRED 172 504\n¡fate) 9, III,RQ, MARINE POLLUTANT ERG 171, NO PLACAR\nUN3077, Environmentally Hazardous Substances, solid, n.o.s., (Zinc\nSultate) 9, I,RQ, MARINE POLLUTANT ERG 171, NO PLACARD\n49 CFR 172.101 (C) (8)\nREQUIRED 172.504\nClass 9 placards are not reguired for domestic JUSA ground)\nPlacards are NOT required\nbag (IBC) or Bulk Truck with more than a Reportable Quantity of 1000\ntransportation, However, a bulk package or bulk truck fi.e. a buik\nnumber) number on a white square-on-point display.\npounds must be marked with the appropriate 3077 ID (Identification\n172.504 (f)(9)\nAn Intermediate Bulk Container (IBC or Bulk Bag) may be placarded\nBulk Packaging's\nexemption, identification numbers on Markings can be used in the\non two opposite sides, however because of the above placard\nsame configuration as a Placard.\n172.514 (c)(4)\nIdentificaton numbers must be displayed on orange panels or\nMarkings\nwhite square-on-point with the appropriate identification number.\nplacards as specified in the section or, when appropriate, on plain\n172.336(b)\nMarkings are NOT placards\nnot considered to be a placard.\nAn ID number on a white square-on-point M\nG is\nFor a bulk packaging container in or on a transport vehicle or freight\n172.336 (b)\nVisibility of Markings\nan IBC or bulk bag) is not visible, the transport vehicle or freight\ncontainer, if the identification number on the bulk packaging (e.g..\nidentification.......\ncontainer must be marked on each side and each end with the\n172.331 (c)\nRegulations), only drivers of vehicles transporting hazardous\nIn accordance with the FMCSR's (Federal Motor Carrier Safety\nHazardous Endorsed CDL, is\nNOT reuired\nSubpart F of Part 172 of the HMR must have a hazardous materials\nmaterials that are required to be placarded in accordance with\nin NOT required for a driver transportiog class 9 matecials.\nendorsement to their CDL, Thus.a hazardous materials.endocsement\n49 CFR 383.93\n1000 lbs or more (bulk bag or bulk truck) per package, we can legaily use a MARKING on the bulk bag (two opposing sides) and/or the bulk\nWhen we offer our Copper (Cupric) Sulfate or Zinc Sulfate products for domestic transportation, and when shipping in a package containing\nconsidered a placard. Because we are not required to provide a placard, a hazardous endorsed CDL is NOT required. Furthermore, when\ntruck (on each side and each end) with a plain white panel square-on-point MARKING that is equal in size to a placard, but is not\nthe outside of the truck (visible from an inspecting officer's station), we need to mark the outside of the truck with the identification number\nwe ship our bulk bags inside of a van truck or flatbed truck that has been tarped, so that the markings on the bulk bags are not visible from\n3077 white square-on-point MARKING, as used on the bulk bags, and again, a hazardous material endorsement CDL is NOT required.\nOLD BRIDGE\nMadisonmi\nCHEMICALS\nindustries inc.\n\n<<>>\n\nGUIDE SUBSTANCES (LOW TO MODERATE HAZARD)\n171\nPOTENTIAL HAZARDS\nFIRE OR EXPLOSION.\n• Some may burn but none ignite readily.\n• Some may be transported hot.\n• Containers may explode when heated.\nHEALTH\n• For UN3508, be aware of possible short circuiting as this product is transported in a charged state.\n• inhalation of material may be harmfui.\n• Inhalation of Asbestos dust may have a damaging effect on the lungs.\n• Contact may cause burns to skin and eyes.\n= Fire may produce irritating, corrosive and/or toxic gases.\n• Runoff from fire control may cause pollution.\n* Some liquids produce vapors that may cause dizziness or suffocation.\nPUBLIC SAFETY\n• CALL EMERGENCY RESPONSE Telephone Number on Shipping Paper first. If Shipping Paper not\n• As an immediate precautionary measure, isolate spill or leak area in all directions for at least 50 meters\navailable or no answer, refer to appropriate telephone number listed on the inside back cover:\n• Keep unauthorized personnel away.\n(150 feet) for liquids and at least 25 meters (75 feet) for solids.\n• Stay upwind, uphill and/or upstream.\nPROTECTIVE CLOTHING\n• Wear positive pressure selí-contained breathing apparatus (SCBA).\n• Structural firefighters' protective clothing will only provide limited protection.\nEVACUATION.\n• See\nSpill\nhighlighted materials, increase, in the downwind direction, as necessary, the isolation distance shown\nTaba hainial solation and Protesta Anion hisianses for highlighted materials. For non-\nunder \"PUBLIC SAFETY\".\n• If tank, rail car or tank truck is involved in a fire, ISOLATE for 800 meters (1/2 mile) in all directions; also,\nconsider initial evacuation for 800 meters (1/2 mile) in ail directions.\nPage 280\nERG 2016\n\n<<>>\n\nSUBSTANCES (LOW TO MoDERATE HAZARD) GUIDE\n171\nEMERGENCY RESPONSE\nFIRE\nSmall Fire\n• Dry chemical, CO,, water spray or regular foam.\nLarge Fire\n• Water spray, fog or regular foam.\n• Do not scatter spilled material with high-pressure water streams.\n• Iviove containers from fire area if you can do it without risk.\n* Dike fire-control water for later disposal.\nFire involving Tanks\n• Cool containers with flooding quantities of water until well after fire is out.\n* Withdraw immediately in case of rising sound from venting safety devices or discoloration of tank.\n• ALWAYS stay away from tanks engulfed in fire.\nSPILL OR LEAK\n• Do not touch or walk through spilled material.\n• Stop leak if you can do it without risk.\n• Prevent dust cloud.\n• Avoíd inhalation of asbestos dust.\nSmall Dry Spill\n• With clean shovel, place material into clean, dry container and cover loosely; move containers from spill\nSmall Spill\narea.\n• Pick up with sand or other non-combustible absorbent material and place into containers for later\ndisposal.\nLarge Spill\n• Dike far ahead of liquid spill for later disposal.\n• Prevent entry into waterways, sewers, basements or confined areas.\n• Cover powder spill with plastic sheet or tarp to minimize spreading.\nFIRST AID\n• Ensure that medical personnel are aware of the material(s) involved and take precautions to protect\n• Move victim to fresh air.\nthemseives.\n• Give artificial respiration if victim is not breathing.\n• Call 911 or emergency medical service.\n• Remove and isolate contaminated clothing and shoes.\n• Administer oxygen if breathing is difficult.\n• In case of contact with substance, immediately flush skin or eyes with running water for at least\nERG 2016\n\n<<>>\n\nU.S. Department ofTransportation\nWashington D.C. 20590\n1200 New Jersey Ave, SE.\nSorely and Marious Material.\nMAY 5 2009\nMr. Jeff Buckner\nVice President, Finance\n7513 E. 96° Street\nCrown Technology, Inc.\nIndianapolis, IN 46256\nRef. No. 09-0077\nDear Mr. Buckner:\nThis responds to your April 6, 2009 request for clarification of the placarding requirements in\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the commercial\ndrivers license (CDL) requirements under 49 CFR 383.93. Specifically, you ask if the\n§ 172.504(f(9) placarding exception for Class 9 materials also excepts your drivers from the\nhazardous materials endorsement requirement of 49 CFR 383.93 of the Federal Motor Carrier\nSafety Regulations (FMCSRs).\nThe answer is yes. In accordance with § 172.504(Đ(9), plecarding is not required for Class 9\nmaterials when shipped domestically. In accordance with the FMCSRs, only drivers of\nwith Subpart F of Part 172 of the HMR must have a hazardous materials endorsement to their\nvehicles transporting hazardous materials that are required to be placarded in accordance\n9 materials.\nCDL. Thus, a hazardous materials endorsement is not required for a driver transporting Class\nI hope this answers your inquiry.\nSincerely,\nCrades E Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":19763}