Public Utilities Commission of Ohio — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 December 19, 2024 Tom Bartfai Hazardous Materials Specialist, Motor Carrier & Rail Enforcement Public Utilities Commission of Ohio 180 East Broad Street Columbus, OH 43215 Reference No. 24-0067 Dear Mr. Bartfai: This letter is in response to your July 17, 2024, email, and subsequent email conversations with a member of staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the preparation of shipping papers. Specifically, you have follow-up questions seeking further clarification of a previously issued letter of interpretation (Reference No. 24-0020) regarding shipping paper requirements. Additionally, you provided four photographs of shipping papers as examples. We have paraphrased and answered your questions as follows: Q1. In PHMSA’s letter of interpretation (Reference No. 24-0020)—specifically the response in answer A1—and in accordance with § 172.201(a)(1)(ii), PHMSA stated that it was permissible to highlight additional information along with the basic shipping description if the highlighted information is associated with, and consistent with, the hazardous materials being shipped. You seek clarification on what PHMSA meant by “consistent with.” Specifically, you ask whether PHMSA was referring to required additional hazardous material description information provided in § 172.203, or if it was meant to generally refer to additional information included in association with the basic description, such as batch or lot numbers, internal product codes, or reference numbers, along with the basic shipping description to meet the requirements found in § 172.201(a)(1)(ii). A1. When describing hazardous materials and materials not subject to the HMR that are included on a shipping paper, a person is only required to choose one method listed in § 172.201(a)(1)(i) through (a)(1)(iii), as the word “or” (emphasis added) is used to indicate three separate options to identify hazardous materials on a shipping paper. If a person chooses to use more than one option, there is no prohibition in doing so. As noted in Reference No. 24-0020—and in accordance with § 172.201(a)(4)—a shipping paper#

Page 2may contain additional information concerning the material, provided the information is not inconsistent with the required description. Moreover, unless otherwise permitted or required, additional information must be placed after the basic description required by § 172.202(a). For clarification, the requirements found in § 172.202(a) state the shipping description of a hazardous material on a shipping paper must include what is prescribed in § 172.202(a)(1) through (a)(4); however, there is no prohibition when information such as batch or lot numbers, internal product codes, or reference numbers is also entered or highlighted on a shipping paper, provided this information is entered after the basic shipping description of the hazardous material. Such information would be considered consistent with the hazardous material being shipped if the information is relevant to the hazardous material described on a shipping paper. Please note the purpose of the requirements found in § 172.201 is to allow for easy identification of hazardous material information by emergency responders and enforcement personnel. Moreover, additional information and the use of multiple techniques for identifying information should not interfere with the ability to differentiate between required hazardous material information and information that is not required. Q2. Letter of interpretation Reference No. 24-0020 pertains to a shipping paper that includes information for both hazardous materials and materials not subject to the HMR. You ask whether our response to answer A1—as it relates to Reference No. 24-0020—would change if a person used more than one option listed in § 172.201(a)(1) when a shipping paper contained only hazardous material information. Specifically, you seek confirmation whether it is permissible in this scenario to highlight information beyond the basic shipping description, such as batch or lot numbers, internal product codes, or reference numbers, along with the basic shipping description. A2. Please see answer A1. Please note, the options presented in § 172.201(a)(1)(ii) specifically apply to when a shipping paper contains information for both hazardous material and materials not subject to the HMR. The HMR do not provide instruction when using any of the same options for a shipping paper containing only information associated with hazardous materials. Therefore, our response provided to answer A1 in Reference No. 24-0020 would not change with respect to highlighting additional information because highlighting information beyond the basic shipping description would still be permissible. 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 324-0067 Baker Jones, Jessie Jane CTR (PHMSA) From: INFOCNTR (PHMSA) Sent: Monday, July 22, 2024 1:54 PM To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Interpretation follow-up Attachments: OH3211303074-3.JPG; 24-0020.pdf Follow Up Flag: Follow up Flag Status: Flagged Hello Alice, Please see the below interpretation request. Let us know if you need anything. Sincerely, Janaye From: thomas.bartfai@puco.ohio.gov <thomas.bartfai@puco.ohio.gov> Sent: Wednesday, July 17, 2024 12:55 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation follow-up 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, I have a couple of follow-up questions regarding the attached interpretation (24-0020). In reference to 172.201(a)(1)(ii) you state that it is permissible to highlight more information than the basic description set forth in 172.202(a)(1), (2), (3), and (4) as long as it’s consistent with the hazardous material being shipped. What is meant by “consistent with”…….additional description requirements listed in 172.203 and/or would batch/lot numbers, internal product codes, or reference numbers be acceptable? The first request was for when both hazardous and non-hazardous items are listed on the same bill of lading. Would anything change if multiple methods cited in 172.201(a)(1) were used even though not required when only hazardous materials are shipped; there’s an “X” in the HM column and information is also highlighted? Is it permissible in this scenario to highlight information outside of the basic description….. additional description requirements listed in 172.203 and/or would batch/lot numbers, internal product codes, or reference numbers be acceptable? In short, is ever acceptable to highlight information other than the basic description and any additional items listed in 172.203; would batch/lot numbers, internal product codes, or reference numbers be acceptable? Thank you for additional time in this matter. 1#

Page 4Tom Bar ai Hazardous Materials Specialist Transporta on Department Motor Carrier & Rail Enforcement FRA Cer fied 216-407-0352 thomas.bar ai@puco.ohio.gov T he lin ke d im ag e ca nn ot T he lin ke d im ag e ca nn ot T he lin ke d im ag e ca nn ot T he lin ke d im ag e ca nn ot 2#

Page 5AT CELLULI 0205/2024 20.35 Consignee : R+L CARRIERS WILMINGTON., OH Address : 600 GILLAM RD Page: 1 of 10 Manifest#: 55278672 Trailer: SF2287 (11) NBG WILMINGTON.., OH 45177 WIL Best Doors Phone : 800-543-5589 Shipper : R+L CARRIERS MONTGOMERY, NY Building PM 1: 1-40, 42-475 ScArival : 02/06/2024 12:30 EST Address : 140 NEELYTOWN RD MONTGOMERY, NY 12549 HM Bulk Pcs Container Wt Description Phone : 800-464-1404 Type (Lbs.) Sch. Departure : 02/06/2024 01:00 EST Shipper & Consignee 9 PAIL 323 UN1170, ETHANOL, 3, PGII. Load Sea Orig Dest Pro Svc Date •Pcs Wt HAZMAT EMERGENCY RESPONSE 800-424- (Lbs.) 9300 38 TARE WEIGHT 5 NBG SWA (245476332 9 361 GREENFIELD GLOBAL USA (SHIPPER) PO#: 107871 02/14/24 58 VALE RD INC UROUTE ID# : 2131268 1 SKD STC 9 PAILS OF HAZ BROOKFIELD, CT 06804 (CONSIGNEE) 16200 23RD DR W STE AGC BIOLOGICS EVERETT, WA 98203 101 29 CASE 852 UN1987, ALCOHOLS, N.O.S., 3, PGII. HAZMAT EMERGENCY RESPONSE 800-424- 6 NBG TTX 1245476341 29 890 (SHIPPER) 9300 02/09/24 GREENFIELD GLOBAL USA CONTRACT# CCN17213 58 VALE RD INC 38 TARE WEIGHT PO#: 71789/1 BROOKFIELD, CT 06804 REFERENCE#: 2131149 UROUTE ID# : 2131149 (CONSIGNEE) 1PLT STC 29PC 1300 E ANDERSON LN BL- ARTIVION AUSTIN, TX 78752 DG A 10 CASE 323 UN1294, TOLUENE, 3, PII. 7 NBG SNA 1245476323 30 1040 (SHIPPER) 8 PAIL 300 UN1230, METHANOL, 3, PGI. 02/12/24 GREENFIELD GLOBAL USA 2 CASE 79 UN1265, PENTANES, 3, PGIl. INC 8 CASE 238 UN1090, ACETONE, 3, PI. 58 VALE RD CASE 62 UN1307, XYLENES, 3, PIII. BROOKFIELD, CT 06804 HAZMAT EMERGENCY RESPONSE 800-424- (CONSIGNEE) 9300 CONTRACT# 17213 822 CANTWELL LN THERMAL SCIENTIFIC INC OFFERER NAME CHEMTREC CORPUS CHRISTI, TX 78- 38 TARE WEIGHT 408 PO#: CC8501 UROUTE ID# : 2128255 LIFT GATE REQUIRED *** Seals 24242362 Replaced By *** Continued on next paae *** R00 * 1903227 Bast 43211#

Page 6U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 May 1, 2024 Mr. Tom Bartfai Hazardous Materials Specialist, Motor Carrier & Rail Enforcement Public Utilities Commission of Ohio 180 East Broad Street Columbus, OH 43215 Reference No. 24-0020 Dear Mr. Bartfai: This letter is in response to your March 20, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. In your email, you note that when a shipping paper contains both hazardous and non-hazardous materials, shippers must differentiate between the two using at least one of the methods indicated in § 172.201(a)(1). We have paraphrased and answered your questions as follows: Q1. Your incoming email and photo present a shipping paper which utilizes all three of the options listed in § 172.201(a)(1) simultaneously—i.e., the hazardous materials entries are entered first, the hazardous materials entries are identified by the entry of an “X” placed before the basic shipping description in a column captioned “HM”, and the hazardous materials basic shipping descriptions are highlighted. You ask whether—as shown in the photo—it is permissible to highlight more than just the basic shipping description. A1. The answer is yes, provided the additional highlighted information on the shipping paper is associated with—and is consistent with—the hazardous materials being shipped. Q2. If the highlight option in § 172.201(a)(1)(ii) is the only method used to differentiate between hazardous materials and non-hazardous materials on a shipping paper, you ask whether it is acceptable to highlight more than the basic description as seen in the photo you provided.#

Page 7A2. Please see answer A1. I hope this information 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#