TOTE Maritime Alaska — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 March 27, 2023 Timothy Diaz TOTE Maritime Alaska 500 East Alexander Ave Tacoma, WA 98421 Reference No. 23-0002 Dear Mr. Diaz: This letter is in response to your January 5, 2023, email, and subsequent phone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to segregation requirements specified in footnote 2 to the table in § 176.84(b). Specifically, you have packages of hazardous materials prepared to be shipped in the same container—i.e., cargo transport unit (CTU)—and you seek confirmation that these hazardous materials may be contained in the same CTU without regard to segregation requirements based on footnote 2. The hazardous materials to be shipped and their quantities are provided as follows: UN ID / PSN / Class / Packing Group Quantity “UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8” 1 x 600 lbs. “UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage, 8” 1 x 300 lbs. “UN1719, Caustic alkali liquids, n.o.s. (Sodium hydroxide, Potassium hydroxide), 8, PG II” 1 x 27 gal. “UN1830, Sulfuric acid with more than 51 percent acid, 8, PG II” 1 x 10 lbs. “UN3264, Corrosive liquid, acidic, inorganic, n.o.s (Acetic acid, Nitric acid), 8, PG III” 1 x 57 lbs. Based on the information provided, the “UN3028” and “UN1719” materials exceed the quantity limitation as prescribed in § 176.84(b) table of provisions, footnote 2. The footnote specifies that Class 8 (corrosive) materials in PG II or III that otherwise are required to be segregated from one another may be transported in the same CTU—whether in the same packaging or not—provided the substances do not react dangerously with each other to cause combustion and/or evolution of#

Page 2considerable heat, or of flammable, toxic, or asphyxiant gases, or the formation of corrosive or unstable substances. Further, each package may not contain more than 30 L (7.8 gallons) for liquids or 30 kg (66 lbs.) for solids. Therefore, those packages listed above that exceed the quantity limits are subject to segregation requirements and may not be shipped in the same CTU. 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 3Baker 23-0002 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Requesting for Official Letter of Interpretation Date: Monday, January 9, 2023 4:28:09 PM Hi Alice, Please see the below interpretation request. Let me know if you need anything. Regards, -Breanna From: Tim Diaz <TDiaz@totemaritime.com> Sent: Thursday, January 5, 2023 9:05 PM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Cc: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Requesting for Official Letter of 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. Good afternoon, I am requesting official guidance to the interpretation of the footnote number 2 for 49CFR 176.84 (b) (Codes 52 & 53) 2 Class 8 materials in PG II or III that otherwise are required to be segregated from one another may be transported in the same cargo transport unit, whether in the same packaging or not, provided the substances do not react dangerously with each other to cause combustion and/or evolution of considerable heat, or of flammable, toxic or asphyxiant gases, or the formation of corrosive or unstable substances; and the package does not contain more than 30 L (7.8 gallons) for liquids or 30 kg (66 lbs.) for solids. I have the below shipments submitted to be shipped in the same container and shipper is saying because the Acids are 66lbs or less this is okay to ship in the same container as the Alkaline compounds. I believe all UN’s need to be less than the 66lbs but wanted to confirm? UN3028 BATTERIES, DRY CONTAINING POTASSIUM HYDROXIDE SOLID 1 X 600 LBS UN3028 BATTERIES, DRY CONTAINING POTASSIUM HYDROXIDE SOLID 1 X 300 LBS UN1719 CAUSTIC ALKALI LIQUIDS. N.O.S. (SODIUM HYDROXIDE, POTASSIUM HYDROXIDE) 1 X 225#

Page 4LBS UN1830 SULFURIC ACID, 1 X 10LBS UN3264 CORROSIVE LIQUID, ACIDIC, INORGANIC, N.O.S. (ACETIC ACID, NITRIC ACID) 1 X 57 LBS Thank you, Timothy Diaz | Equipment & Maintenance Supervisor | TOTE Maritime Alaska 500 East Alexander Ave, Tacoma, WA 98421 | O: 253.238.8432 | C: 907.602.6189 |www.totemaritime.com Follow us on LinkedIn @TOTE-Maritime or Instagram @TOTE_Maritime#