Ohio Public Utilities Commission — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration June 16, 2026 Tom Forbes Chief, Motor Carrier Enforcement Ohio Public Utilities Commission 180 E Broad Street Columbus, OH 43215 Reference No. 25-0061 Dear Mr. Forbes: This letter is in response to your May 1, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marine pollutant marking requirements. Specifically, you ask if it is a violation of the HMR to not display a marine pollutant marking on a Commercial Motor Vehicle (CMV) carrying multiple hazardous materials (including a marine pollutant) that bears a placard or label specified in subparts E or F of Part 172 on said CMV? No. As stated in § 172.322(d)(3), the marine pollutant mark is not required on a bulk packaging, freight container, or transport vehicle that bears a label or placard specified in subparts E or F of Part 172. As you stated in your letter, the CMV is placarded; therefore, the marine pollutant marking is not required. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Alexander Wolcott Acting Chief, Regulatory Review & Reinvention Branch Standards and Rulemaking Division#

Page 2Cajar, J. 25-0061 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Baker, Yul (PHMSA); Hazmat Interps Subject: FW: Interpretation Request Date: Thursday, May 1, 2025 16:42:09 Attachments: image001.png Hi Alice, Please see the below interpretation request and attachments. Let us know if you need anything. Sincerely, Janaye From: tom.forbes@puco.ohio.gov <tom.forbes@puco.ohio.gov> Sent: Thursday, May 1, 2025 3:41 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation Request 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. Info Center: Please forward this for a written interpretation Request. An enforcement officer recently stopped a CMV transporting 2 hazardous materials in bulk packages. One material the UN1263 was a flammable material and was not a marine pollutant. The other material was UN3082 and was a marine pollutant. The CMV was displaying class 3 placards with 1263 ID markings on both ends and sides. The CMV failed to display 3082 marking or class 9 placards (placards not required on domestic shipment). When 172.322(d)(3) states Except for transportation by vessel, on a bulk packaging, freight container or transport vehicle that bears a label or placard specified in subparts E or F of this part. Is this referencing properly placarded or labeled for the material that is a marine pollutant or properly placarded for any HM of the CMV. Photos attached. The UN 3082 IBCs did not display placards or labels and were also not marked as marine#

Page 3pollutant. We have no questions about the package violation just proving full details. Q-1 marking? In this case is there a violation for the CMV not displaying the marine pollutant Thank you for your review and input. Respectfully, Tom Forbes Chief, Motor Carrier Enforcement 180 E Broad Street Columbus, Ohio 43215 D: 614.644.0296 C: 614.519.2811 tom.forbes@puco.ohio.gov This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it. The State of Ohio is an Equal Opportunity Employer and provider of ADA services.#

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Page 5Pkgs# 7 5 20 16 Go To Transportation-RXO Capacity Solutions Axalta Coatin Systems est Point, GA 31833 77 KIA Parkway - Dock: PE02 - Paint terfield Ml 48051 E. Russell Schmidt Blvd. Grady Kevin Bailey 334-436-0759 80529 pril25,2025 Hazmat xx xx xx ga, ascnplion o art,c as, s lirsl) UN1263 Paint, class 3, PG 111, residue last contained, (6) steel to�es UN3082 Environmentally Hazardous substance, liquid., n.�·5• (Dibuty 1 tinoxide) class 9 PGID Marine Pollutant, residue last contamed, ( 6)' . ' ' . • Empty totes, steel mesh outer shell with plastic liner NMF C 41024 SUB 2 CLASS200 UN3082 Environmentally Hazardous substance, liquid, n.�•5• (Dtou I tin.oxide) ,class 9, PGIII, Marine Pollutant, residue last contamed, (O) _ steel totes NOT REGULATED , Residue Last contained: Axalta Coating systems Germany - WATERBORNE PRIMER TECHNOLOGY (13) Empty totes, steel mes h outer shell with plastic liner NMFC 41024 SUB 2 CLASS 200 NOT REGULATED Residue Last contained: Axalta Coating systems Germany - WATERBORNE BASECOAT TECHNOLOGY (13) Empty totes, steel mesh outer shell with plastic liner NMFC 41024 SUB 2 CLASS 200 Skids Weight 5,292 735 2 .. 940 For a CHEMICAL EMERGENCY CONTACT Axalta Day or Night by Calling CHEMTREC -(800)424-9300 {Toll-Free) property described above is in apparent good order, except as noted (contents and condition of contents in packages unknown) marked, labeled, and are in proper condition for transportation according to the applicable 2,352 Total Weight 11,319 unvers mrua1s: ;,. ____ _ PLACARDS REQUIRED UN1263 & UN3082- NO_ YES X_ ForTrucks-1000 Lbs. or.more of Hazardous. Material Carrier has Emergency Response Information and verified placards supplied. Drivers Initials: X Subject to section 7 of the conditions, if this shipment is to be delivered to the consignee without recourse on the consignor, the consignor shall sign the following statement: The carrier shall not make delivery of this shipment without payment of freight and all other lawful charges, igned: Kevin Bailey Date: 4/24/2025 Signed: X except as noted (contents and condition of contents of packages unknown), marked, co.nsigned, and destined as indicated above which said earner {lhe word carrier beilg undet$tood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to its usual placa of delivety at said destination, if an its route, otherwise to deliver to another carrier on the route to said destination,. It is mutually agreed as to each earner of all or any of said property over all or any portion of said route to destination and as to each party at any time interested in all or any sa1d property that every service to be rformed heteulder shall be subject to an the bill of lading terms and conditions in the governing classification on the date of shipment. he property descnl>ed above is receiYed in apparent good order, except as noted. Axalta Coating Systems C/O Cass Information Systems - P.O. Box 67 Sl Louis, MO 63166-0067 A ,#