Dandy Service 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 October 9, 2024 Samantha Dziak Safety Manager Dandy Service Corporation 916 Brush Creek Road Warrendale, PA 15086 Reference No. 24-0003 Dear Ms. Dziak: This letter is in response to your January 12, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and placarding requirements. Specifically, you describe a truckload of 72 drums of “UN3266, Corrosive liquid, basic, inorganic, n.o.s” and 27 drums of “NA1993, Combustible liquid, n.o.s.” with a total gross weight of 38,232 lbs. and 3,658.5 lbs., respectively. It is your understanding of the HMR that this truckload should only be placarded with a “CORROSIVE” placard and thus you did not include any display of the identification numbers for the materials onboard. You seek clarification that your understanding is correct. We have paraphrased and answered your questions as follows: Q1. You seek confirmation that you are not required to display identification number markings, in accordance with § 172.332, because you are not subject to the transport vehicle identification number marking requirements for large quantities of a single hazardous material in non-bulk packages, as specified in § 172.301(a)(3). A1. Your understanding is correct. For § 172.301(a)(3) to apply, all conditions must be fulfilled, including that the transport vehicle contain no other material, hazardous or otherwise. Furthermore, generally, transport vehicles containing non-bulk packages of hazardous material are not subject to identification number marking requirements. The exceptions are for large quantities of a single hazardous material in non-bulk packages (§ 172.301(a)(3)) and for certain poisonous by inhalation materials (§ 172.313(c)). Q2. You seek confirmation that you are not required to display placards or an identification number for a transport vehicle carrying NA1993 material in non-bulk packagings.#

Page 2A2. As provided in § 173.150(f), a material, such as NA1993, described and classed as a combustible liquid that is transported in a non-bulk packaging is not subject to the HMR, unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant. You did not provide information as to whether the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant; however, based on the copy of the shipping paper provided with your request, indicating the material as non- hazmat, it is the opinion of this Office that your understanding is correct that the transport vehicle is not subject to placarding or identification number marking requirements for the NA1993 material in non-bulk packagings. 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 3Casey 24-0003 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for letter of Interpretation Date: Tuesday, January 16, 2024 10:10:17 AM Attachments: Request for letter of interpretation 01.12.24.pdf Hi Alice, Please see the attached interpretation request. Let us know if you need anything. Regards, -Breanna From: samantha.lang@dandyservice.com <samantha.lang@dandyservice.com> Sent: Friday, January 12, 2024 12:31 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for 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. To whom it may concern, Please find my request for letter of interpretation attached. Thank you, Samantha Dziak Safety Manager at Dandy Service Corporation Phone: 724-935-1920 Mobile: 724-766-4503 Email: samantha.lang@dandyservice.com 916 Brush Creek Road Warrendale, PA 15086 www.dandyservice.com#

Page 4January 12, 2024 U.S. DOT PHMSA Office of Hazardous Materials Standards & Rulemaking Division 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 To whom it may concern: We are a hazmat carrier and hauled a load of 72 55Gallon Drums of UN3266, Corrosive liquid, basic, inorganic, n.o.s. (Postassium Hydroxide), 8, PGIII [weight 38232lbs] -and- 27 15Gallon Drums of NA1993, combustible liquid, n.o.s (isopropanol), Combustible Liquid, PGIII [weight 3658.5lbs] According to the regulations, we placarded this load only with a Corrosive, 8, placard without an identification number. During a roadside inspection, we were told that the vehicle is placarded incorrectly. The violations are as follows: 1. 2. Violation code 177.832A – No Placards/markings when required: na1993, 3,442.5 lbs loaded in one location identified as combustible liquid, nos has no placards of ID #’s as required for 2205 lbs of product. Violation code 172.332A – Failure to display ID numbers when required: cargo un3266, corrosive liquid nos 36,432 lbs required 4 of 4 labels to be displayed on transport vehicle, vehicle is placarded as class 8 corrosive, non-bulk Per the regulations, I am under the impression that the Class 8, Corrosive placard only is sufficient in this situation, with reasons being: 1. 2. In regards to the 172.332A violation- That quantity of Class 8 Corrosive requires the display of the Class 8 placard on all four sides of the vehicle, but it is not required to display the identification number of the class 8 corrosive on the vehicle since it is not the only material- hazardous or otherwise- on the vehicle per 49 CFR 172.301(a)(3) In regards to the violation 177.832A violation- A Class 3 Combustible Liquid as described on BOL meets the criteria for the Combustible Liquid Exception. Therefore, it is not subject to any USDOT regulations, per 49 CFR 173.150(f). There is also the regulation of 49 CFR 172.500(b)(5) which states placard is not required for combustible liquids non-bulk packaging. I have attached a copy of the bill of lading to help with the description of material and quantity. Overall, would just a Class 8 corrosive placard without identification numbers be acceptable for this shipment?#

Page 5Thank you for your attention to this matter. Samantha Dziak Manager of Safety#

Page 6STRAIGHT BILL OF LADING B/L DATE Page 1 of 1 12/14/2023 B/L NO. 57522 F R M CW1P2120 SSC009 Staceye REQ NO Dandy Fucking 2193-1 CUST. ORDER NO SHIP DATE 12026/2023 V001 FREIGHT 0 Ambridge, PA 1500 B REMAF DATE CHECKED BY ORDERED QUANTITY QUANTITY SHIPPED PACKAGING DESCRIPTION WEIGHT NET WEIGHT GROSS CLAS 72 72 55GDrum UN3266, Corrosive liquid, basic, inorganic, n.o.s. 36432 Ibs 38232Ibs 55 (Potassium Hydroxide), 8, PGIII CW776A Foamy One Step 72 Drum 27 27 15GDrum (isopropanol), NA1993, combustible liquid, n.o.s. 3442.5 Ibs 3658.5 Ibs 55 Combustible Liquid, PIII Triple Polish Low pH - Blue 27 Drum Total Weights: 39875 42,735 21 SKIDS SEAL# C1598520 clared value lote-Where the rate is depencent on value, he agreed or declared value of the required to state specifically in writing the agreed or robert This is to verify that the above-named materials are classified, described packaged, het agreed ed decline aer to be not teren according to the applicable regulations of the Department lahalad and are in proper condition Iransportation marked to the consignee without recourse on ihe consignor, the consignor shall sign the following Subject to Section 7 of the conditions, if this shipment is to be delivered FOR CHEMICAL EMERGENC of Transportaton freight and all other lawful charges. he carrier shall not make dellvery of this shipment without payment of CALL CHEMTEL 1-800-255-3924 per Signature Contract # MIS0003785 RECEIVED, subject to the classifications and lawfully filed tariffs in effect on the date of the issue of of, said property over all or any portion of said route to destination Signature of Consignor) this Bill ellading. conditions said of contents carrier (the word carrier the property described above in apparent good consigned, indicated be subiest to alf all or any sting terms and conditions in the govering med heatoner shalt and as to each party at any person carry to meaning he colle usual place of delivery destination. said destination, possession of the property under the contract) agrees it is mutually agreed as lo each carrier of all or f an to route nihorvice to deliver in another eSter any snipper and accopted for himselt and his assians SHIPPER PLACARDS OFFERED CARRIER HIPPER DRIVER PLEASE INITIAL. PLACARDED 2 COD Amt: $ 0.00 G.B NAME OF PLACARD FREIGHT CHARGES or/osive s prepaid, write ol If charges are to be AGENT stamp here, "TO ER 12/26/2023 Sy Bunthet BE PREPAID." PER TO BE PREPAID TOTAL NO. OF PACKAGES REC'D.#