Logistics Specialist IV — 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, 2024 Shelly Stampfler Logistics Specialist IV Entegris Inc. 7 Commerce Drive Danbury, CT 06810 Reference No. 23-0103 Dear Ms. Stampfler: This letter is in response to your December 1, 2023, email and subsequent email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a reportable quantity (RQ). In your email, you reference a steel cylinder with a gross weight of 85 kilograms containing 21 kilograms net weight of “UN2199, Phosphine, 2.3,” and you note that “Phosphine” is listed with an RQ of 45.4 kilograms in Table 1 to Appendix A of § 172.101. You ask whether the weight of the packaging combined with the weight of the hazardous substance is used to determine whether the hazardous substance meets an RQ. The answer is no. A hazardous substance is a material listed in Appendix A of § 172.101 that is in a quantity in one package that equals or exceeds the RQ for that material listed in Appendix A to § 172.101 and—when in a mixture or solution—satisfies the applicable criteria for “hazardous substance” as defined in § 171.8. Therefore, a steel cylinder containing 21 kilograms net weight of “Phosphine” would not exceed the RQ of 45.4 kilograms listed in Table 1 to Appendix A of § 172.101 of the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Steven Andrews Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Vore 23-0103 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for letter Question regarding Reportable Qty 172.101 CFR 49 Date: Monday, December 4, 2023 2:26:16 PM Attachments: image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png DOT RQ Interpretation Letter.pdf Hello Alice, Please see the below interpretation request. Let us know if you need anything. Sincerely, Janaye From: Shelley Stampfler <Shelley.Stampfler@entegris.com> Sent: Monday, December 4, 2023 1:35 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Corey Britto <corey.britto@entegris.com>; Michel Palencia <Michel.Palencia@entegris.com> Subject: Request for letter Question regarding Reportable Qty 172.101 CFR 49 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 , Thank you for the information received today on the call . May I ask for a formal letter of interpretation for Entegris based on my email questioned below ? I did review the attached 15-0048 and would like to have an update to reflect Entegris and dated Dec 1, 2023 for our reference Just need Q1 and A1 Shelley Stampfler Logistics Specialist IV Entegris, Inc#

Page 37 Commerce Drive Danbury , CT 06810 From: Shelley Stampfler Sent: Friday, December 1, 2023 11:16 AM To: infocntr@dot.gov Cc: Corey Britto <Corey.Britto@entegris.com> Subject: Question regarding Reportable Qty 172.101 CFR 49 Hello , pounds (kilograms) I have a question regarding Table 1 to Appendix A – Hazardous Materials list Reportable quantity (RQ) 1 Steel Cylinder Phosphine, UN2199 Net Qty 21 Kg – Gross Weight 85 Kg and the RQ for Phosphine is 45.4 Kg Would this cylinder of Phosphine need to be shipped as a Reportable Quantity ? The weight is not noted as GROSS weight Regards, Shelley Stampfler Logistic Specialist IV SCEM T +1 203 739 1432 entegris.com Danbury Technology Center 7 Commerce Drive Danbury, CT 06810 USA ENTEGRIS PROPRIETARY AND CONFIDENTIAL – INTERNAL#

Page 4U.S. Department of Transportation 1200 New Jersey Avenue SE Washington. DC 20590 Pipeline and Hazardous Administration Materials Safety JUN 2 5 2015 Mr. Tom Mueller Manager, Safety and Compliance Oak Harbor Freight Lines, Inc. 8960 Terabyte Drive Reno, NV 89521-5932 Reference No. 15-0048 Dear Mr. Mueller: This is in response to your January 22, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous substances. In your letter, you state your company recently shipped a cylinder containing 25 milliliters of "UN 1605 Ethylene Dibromide, 6.1 (poisonous), Packaging Group (PG) I" inside a fiberboard box. You also state the completed package complies with Special Permit DOT-SP 9168 and weighs 2 pounds. We have paraphrased your questions and answered them in the order you provided. Q1. Is the weight of the packaging combined with the weight of the hazardous material within that packaging used to determine whether or not the hazardous material meets a reportable quantity? Al. The answer is no. A hazardous substance is a material listed in Appendix A of reportable quantity (RQ) for that material listed in Appendix A to § 172.101 and, § 172.101 that is in a quantity in one completed package that equals or exceeds the when in a mixture or solution, satisfies the applicable criteria for "hazardous substances" as this term is defined in § 171.8. Q2. Where on the shipping paper and in what format should the shipper describe the actual quantity of hazardous material within a package and that package's total weight? A2. Section 172.202(a)(5) requires that--except for bulk packages, cylinders, and packages containing only hazardous material residue--the total quantity, including the unit of measurement of the hazardous materials covered by the description be included in the shipping papers. Total quantity may be entered as net weight, gross weight, capacity, or as otherwise appropriate. The number and type of packages (for example, "10 cylinders per box" and "5 fiberboard boxes") must also be#

Page 5indicated on a shipping paper either before or after the required basic description (see §§ 172.202(a)(7) and 172.202(c)). Certain information may be placed before the basic description, such as quantity shipped, the type of packaging and destination marks as prescribed in §§ 172.201(a)(4) and 172.202(c)). Otherwise, additional information must be entered on the shipping paper after the basic description prescribed in § 172.202(a). I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 65173 327 mateuels fasona dmonser by inn latin, Areso6., Dodd, Alice (PHMSA) 15-0048 From: Ciccarone, Michael CTR (PHMSA) Sent: Thursday, March 12, 2015 4:37 PM To: Hazmat Interps Subject: FW: Request for written interpretation Sorry to keep bugging you guys, I'm just forwarding on whatever I don't see in the interps database From: Ciccarone, Michael CTR (PHMSA) To: Hazmat Interps Sent: Monday, January 26, 2015 9:08 AM Subject: FW: Request for written interpretation Shante/Alice, Please submit this for a formal letter of interpretation. Mr. Mueller spoke with Adam Lucas. Thanks, Mike From: Tom Mueller [mailto: Tom.Mueller@oakh.com] To: PHMSA HM InfoCenter Sent: Thursday, January 22, 2015 11:40 AM Cc: David Martin Subject: Request for written interpretation Request for written interpretation My company was recently tendered a shipment for transport of: UN1605 Ethylene dibromide 6.1 PGI 2 Ibs The shipment was a cylinder packaged within a small box utilizing SP 9168 permit The RQ is one pound and the paperwork did not have RQ on it. The shipper indicated the 2 Ibs included the packaging. The actual amount of the hazardous substance was 25 milliliters. 1) does packaging figure into the weight when determining when RQ thresholds are met or exceeded? 2) where and in what format should the shipper in the description put actual quantity of HM vs. including packaging weight? Thank you Tom Mueller Manager, Safety and Compliance 1#

Page 78960 Terabyte Drive Reno, NV 89521-5932 Tom.Mueller@oakh.com |Phone 775-851-5295|Fax 775-853-7138/Cell 775-287-0141 Oak Harbor Freight Lines Inc. "Bringing Peace of Mind, Since 1916. "#