Old Bridge Chemicals, Madison Industries, Inc. — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration May 25, 2022 Ms. Sandy Volk Traffic Manager Old Bridge Chemicals, Madison Industries, Inc. 554 Waterworks Road Old Bridge, NJ 08856 Reference No. 22-0017 Dear Ms. Volk: This letter is in response to your April 25, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials placarding and hazardous materials endorsements on commercial driver’s licenses. Specifically, you state that your companies manufacture and transport zinc sulfate and cupric sulfate, and that these materials are described as “UN3077, environmentally hazardous substances, solid, n.o.s., 9, PG III.” We have paraphrased and answered your questions as follows: Q1. You ask if a hazardous materials endorsement is required on the Commercial Driver’s Licenses (CDL) for drivers who transport these materials. A1. The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL hazmat endorsement, a “hazardous material” is defined in 49 CFR 383.5 as a material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. For Class 9, a CLASS 9 placard is not required for domestic transportation in accordance with Subpart F of 49 CFR Part 172 (see § 172.504(f)(9)). Q2. You ask if a driver requires a hazardous materials endorsement on their CDL if they are transporting this material for import or export, and there is a Class 9 placard displayed. A2. The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL hazmat endorsement, a “hazardous material” is defined in 49 CFR 383.5 as a material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be#

Page 2placarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portion of international transportation, defined in § 171.8, which occurs within the United States. Q3. You ask whether a driver transporting these materials to a rail yard for an intermodal shipment requires the hazardous materials endorsement on their CDL, and if a placard is required for rail transportation. A3. The answer is no. Please see A1. Q4. You state that cupric sulfate is a marine pollutant. You ask if the marine pollutant marking is only required for international vessel shipments. A4. The answer is no. As stated in § 171.4(a), no person may offer for transportation or transport a marine pollutant, as defined in § 171.8, in intrastate or interstate commerce except in accordance with the requirements specific to marine pollutants in the HMR. There is an exception to the marine pollutant requirements in § 171.4(c)(1) which states that except when all or part of the transportation is by vessel, the requirements of the HMR specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicle, rail car or aircraft. Q5. You ask if drivers transporting these Class 9 materials must follow specified hazardous materials routes. A5. The Federal Motor Carrier Safety Administration is responsible for the Federal Motor Carrier Safety Regulations (FMCSR), Parts 200-399, addressing maintenance and use of motor carrier vehicles, including driving and parking rules and routing of non-radioactive hazardous materials (NRHM). Federal standards for establishing, maintaining, or enforcing specific NRHM routing designations over which NRHM may or may not be transported is found in 49 CFR § 397.71. Except for radioactive materials, neither the HMR nor the FMCSR preclude States or other jurisdictions from determining appropriate routes for NRHM, such as on bridges or through tunnels. You should contact the State(s) you are interested in to determine whether NRHM may pass over its bridges and through its tunnels. 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#

Page 3Baker 22-0017 From: Jones, Breanna CTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Automatic reply: Clarification letter for Old Bridge Chemicals and Madison Industires Date: Monday, March 14, 2022 4:02:45 PM Hi Alice, Please see below for the letter of interpretation request? We are still waiting for some information from the requestor. Once I get it, I will forward it over. Regards, -Breanna From: Sandy Volk <svsv28@gmail.com> Sent: Thursday, March 3, 2022 2:15 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Re: Automatic reply: Clarification letter for Old Bridge Chemicals and Madison Industires 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. Brianna you need Do you have all the info you need to send old bridge chemicals a letter? If not I will send whatever Sandy Volk Sent from my iPhone On Feb 28, 2022, at 9:37 AM, Sandy Volk <svsv28@gmail.com> wrote: Good morning Brianna, Spoke to Josh this morning. I will be resending you our physical address and a copy of the letter we are using now. In addition I will send you a copy of the materials we hand the driver. To remind you, we are requesting a letter with our company name on it rather than another companies name. Actually, we will need two letters. One for Madison Industries which ships zinc sulfate and one for Old Bridge Chemicals which ships cupric Sulfate. I will be going into the office around 11 and will send it then. Thanks. Sandy Volk#

Page 4Sent from my iPad On Feb 25, 2022, at 5:28 PM, Sandy Volk <svsv28@gmail.com> wrote: Thanks for your response. Old bridge chemicals and Madison Industries are located at 554 waterworks Road. Old Bridge NJ 08857 We look forward to your letter. Please address it to me. sandy Volk. Any questions you can call me at 732-682-5762. Sandy volk Sent from my iPhone On Feb 25, 2022, at 2:37 PM, INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> wrote: Dear Sandy, We have received your request for a written letter of interpretation regarding the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: https://www.ecfr.gov/cgi-bin/text-idx? SID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrows e/Title49/49tab_02.tpl However, before we can submit your request for processing, please respond to this email with your: -Physical Mailing Address Sincerely, Breanna, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards- rulemaking/hazmat/hazardous-materials-information-center#

Page 5From: Sandy Volk <svsv28@gmail.com> Sent: Friday, February 18, 2022 10:25 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Re: Automatic reply: Clarification letter for Old Bridge Chemicals and Madison Industires 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. Hi I requested a clarification letter for my companies regarding class 9 material shipping. Specifically cdl requirements and marking vs. placarding. We ship Zinc Sulfate and Cupric Sulfate. UN3077. We have been using a letter you wrote to another company that ships hazmat class 9. We would just like a letter with our name on it since we give it the drivers when they arrive to help them understand the regs. I can be reached at 732-682-5762 anytime. My name is Sandy Volk. Thank you. Old Bridge Chemicals, Madison Industries Sent from my iPad On Feb 18, 2022, at 10:01 AM, INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> wrote: Thank you for contacting the HAZMAT Info Center (HMIC) within the Pipeline and Hazardous Materials Safety Administration (PHMSA). The HMIC assists with the use of the Hazardous Materials Regulations (HMR), and provides other services as noted on our website (click here). The information center is staffed Monday through Friday, 9am-5pm EST. This email acknowledges receipt of your inquiry. Due to the volume of inquiries during the COVID-19 public health emergency, our response may be delayed. For information regarding PHMSA operations#

Page 6during the public health emergency, please visit: https://www.phmsa.dot.gov/news/assistance- public-during-covid-19 For the quickest response, we ask that you provide your name, a phone number, and a detailed question or concern. You may respond to this email or contact the HMIC by phone at 1 (800) 467-4922 or (202) 366-4488. Regards, HazMat InfoCenter Team#

Page 7From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Clarification letter for Old Bridge Chemicals and Madison Ind. Date: Tuesday, March 15, 2022 1:57:13 PM Attachments: image001.png image002.png 1ST PAGE TO DOT PACKAGE 2.22.22.pdf DOT PKG.pdf Hi Alice, This was the information that was missing from the request from Sandy Volk. If possible, could you please merge this request from Nancy with Sandy’s as they are for the same company? Let me know if you need me to clarify anything. Regards, -Breanna From: Nancy Levine <nlevine@oldbridgechem.com> Sent: Monday, February 28, 2022 11:56 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Sandy Volk <svsv28@gmail.com>; Sandy Volk <sandy@oldbridgechem.com> Subject: Clarification letter for Old Bridge Chemicals and Madison Ind. 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. Good morning Brianna, As Sandy discussed earlier with Josh, I am requesting the clarification for Class 9 for Zinc Sulfate and Cupric Sulfate as shipped from Madison Industries and Old Bridge Chemicals accordingly. As requested, you can see the address for both companies below in my signature. To clarify, Zinc Sulfate is manufactured by Madison Industries, and Cupric Sulfate is manufactured by Old Bridge Chemicals. The proper shipping name for Zinc Sulfate is: UN3077, Environmentally Hazardous Substances, N.O.S. (zinc sulfate), 9, PGIII, RQ, MARINE POLLUTANT, ERG 171, NO PLACARD REQUIRED, 172.504 The proper shipping name for Cupric Sulfate is: UN3077, Environmentally Hazardous Substances, N.O.S. (cupric sulfate), 9, PGIII, RQ, MARINE POLLUTANT, ERG 171, NO PLACARD REQUIRED, 172.504#

Page 8I am also including the current letter from the US DOT, as well as our information pages that we distribute to the drivers when they take our loads. We are requesting a new letter, because we feel it would be easier for the drivers and dispatchers to understand that Old Bridge Chemicals and Madison Industries have approval from the DOT for these Class 9 shipments. I hope this information is all you need to process the letter I am requesting. If you have any other questions, feel free to contact Sandy at 732-682-5762. Thank you for your assistance, Nancy Levine / Sandy Volk Nancy Levine Traffic Department 554 Waterworks Road | Old Bridge, NJ USA 08857 Phone: 732-727-2225, Ext. 327 nlevine@oldbridgechem.com | www.oldbridgechem.com **FOR GPS, PLEASE USE 57 WATERWORKS ROAD, OLD BRIDGE, NJ, 08857 **#

Page 9Domestic Shipping of Cupric Sulfate (Class 9 Hazardous Material) Domestic Shipping of Zinc Sulfate in Bulk Packaging (Class 9 Hazardous Material) ISSUE as interpreted by DOT officiols Description 49 CFR Regulation JN3077, Environmentally Hazardous Substances, solid, n.o.s., (Cupr Proper Shipping Name: REOUIRED 172 504 ¡fate) 9, III,RQ, MARINE POLLUTANT ERG 171, NO PLACAR UN3077, Environmentally Hazardous Substances, solid, n.o.s., (Zinc Sultate) 9, I,RQ, MARINE POLLUTANT ERG 171, NO PLACARD 49 CFR 172.101 (C) (8) REQUIRED 172.504 Class 9 placards are not reguired for domestic JUSA ground) Placards are NOT required bag (IBC) or Bulk Truck with more than a Reportable Quantity of 1000 transportation, However, a bulk package or bulk truck fi.e. a buik number) number on a white square-on-point display. pounds must be marked with the appropriate 3077 ID (Identification 172.504 (f)(9) An Intermediate Bulk Container (IBC or Bulk Bag) may be placarded Bulk Packaging's exemption, identification numbers on Markings can be used in the on two opposite sides, however because of the above placard same configuration as a Placard. 172.514 (c)(4) Identificaton numbers must be displayed on orange panels or Markings white square-on-point with the appropriate identification number. placards as specified in the section or, when appropriate, on plain 172.336(b) Markings are NOT placards not considered to be a placard. An ID number on a white square-on-point M G is For a bulk packaging container in or on a transport vehicle or freight 172.336 (b) Visibility of Markings an IBC or bulk bag) is not visible, the transport vehicle or freight container, if the identification number on the bulk packaging (e.g.. identification....... container must be marked on each side and each end with the 172.331 (c) Regulations), only drivers of vehicles transporting hazardous In accordance with the FMCSR's (Federal Motor Carrier Safety Hazardous Endorsed CDL, is NOT reuired Subpart F of Part 172 of the HMR must have a hazardous materials materials that are required to be placarded in accordance with in NOT required for a driver transportiog class 9 matecials. endorsement to their CDL, Thus.a hazardous materials.endocsement 49 CFR 383.93 1000 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 When we offer our Copper (Cupric) Sulfate or Zinc Sulfate products for domestic transportation, and when shipping in a package containing considered a placard. Because we are not required to provide a placard, a hazardous endorsed CDL is NOT required. Furthermore, when truck (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 the outside of the truck (visible from an inspecting officer's station), we need to mark the outside of the truck with the identification number we 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 3077 white square-on-point MARKING, as used on the bulk bags, and again, a hazardous material endorsement CDL is NOT required. OLD BRIDGE Madisonmi CHEMICALS industries inc.#

Page 10GUIDE SUBSTANCES (LOW TO MODERATE HAZARD) 171 POTENTIAL HAZARDS FIRE OR EXPLOSION. • Some may burn but none ignite readily. • Some may be transported hot. • Containers may explode when heated. HEALTH • For UN3508, be aware of possible short circuiting as this product is transported in a charged state. • inhalation of material may be harmfui. • Inhalation of Asbestos dust may have a damaging effect on the lungs. • Contact may cause burns to skin and eyes. = Fire may produce irritating, corrosive and/or toxic gases. • Runoff from fire control may cause pollution. * Some liquids produce vapors that may cause dizziness or suffocation. PUBLIC SAFETY • CALL EMERGENCY RESPONSE Telephone Number on Shipping Paper first. If Shipping Paper not • As an immediate precautionary measure, isolate spill or leak area in all directions for at least 50 meters available or no answer, refer to appropriate telephone number listed on the inside back cover: • Keep unauthorized personnel away. (150 feet) for liquids and at least 25 meters (75 feet) for solids. • Stay upwind, uphill and/or upstream. PROTECTIVE CLOTHING • Wear positive pressure selí-contained breathing apparatus (SCBA). • Structural firefighters' protective clothing will only provide limited protection. EVACUATION. • See Spill highlighted materials, increase, in the downwind direction, as necessary, the isolation distance shown Taba hainial solation and Protesta Anion hisianses for highlighted materials. For non- under "PUBLIC SAFETY". • If tank, rail car or tank truck is involved in a fire, ISOLATE for 800 meters (1/2 mile) in all directions; also, consider initial evacuation for 800 meters (1/2 mile) in ail directions. Page 280 ERG 2016#

Page 11SUBSTANCES (LOW TO MoDERATE HAZARD) GUIDE 171 EMERGENCY RESPONSE FIRE Small Fire • Dry chemical, CO,, water spray or regular foam. Large Fire • Water spray, fog or regular foam. • Do not scatter spilled material with high-pressure water streams. • Iviove containers from fire area if you can do it without risk. * Dike fire-control water for later disposal. Fire involving Tanks • Cool containers with flooding quantities of water until well after fire is out. * Withdraw immediately in case of rising sound from venting safety devices or discoloration of tank. • ALWAYS stay away from tanks engulfed in fire. SPILL OR LEAK • Do not touch or walk through spilled material. • Stop leak if you can do it without risk. • Prevent dust cloud. • Avoíd inhalation of asbestos dust. Small Dry Spill • With clean shovel, place material into clean, dry container and cover loosely; move containers from spill Small Spill area. • Pick up with sand or other non-combustible absorbent material and place into containers for later disposal. Large Spill • Dike far ahead of liquid spill for later disposal. • Prevent entry into waterways, sewers, basements or confined areas. • Cover powder spill with plastic sheet or tarp to minimize spreading. FIRST AID • Ensure that medical personnel are aware of the material(s) involved and take precautions to protect • Move victim to fresh air. themseives. • Give artificial respiration if victim is not breathing. • Call 911 or emergency medical service. • Remove and isolate contaminated clothing and shoes. • Administer oxygen if breathing is difficult. • In case of contact with substance, immediately flush skin or eyes with running water for at least ERG 2016#

Page 12U.S. Department ofTransportation Washington D.C. 20590 1200 New Jersey Ave, SE. Sorely and Marious Material. MAY 5 2009 Mr. Jeff Buckner Vice President, Finance 7513 E. 96° Street Crown Technology, Inc. Indianapolis, IN 46256 Ref. No. 09-0077 Dear Mr. Buckner: This responds to your April 6, 2009 request for clarification of the placarding requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the commercial drivers license (CDL) requirements under 49 CFR 383.93. Specifically, you ask if the § 172.504(f(9) placarding exception for Class 9 materials also excepts your drivers from the hazardous materials endorsement requirement of 49 CFR 383.93 of the Federal Motor Carrier Safety Regulations (FMCSRs). The answer is yes. In accordance with § 172.504(Đ(9), plecarding is not required for Class 9 materials when shipped domestically. In accordance with the FMCSRs, only drivers of with Subpart F of Part 172 of the HMR must have a hazardous materials endorsement to their vehicles transporting hazardous materials that are required to be placarded in accordance 9 materials. CDL. Thus, a hazardous materials endorsement is not required for a driver transporting Class I hope this answers your inquiry. Sincerely, Crades E Betts Chief, Standards Development Office of Hazardous Materials Standards#