Fluoroware, Inc. — Hazardous Materials Safety Interpretation

Page 15:.-4 U.S.Department of Transportation 400 Seventh Street, S.W. Special Programs Research and Washington, D.C. 20590 Administration OCT 1 9 1998 Mr. Barry Rauworth Fluoroware, Inc. Ref. No. 98-0245 102 Jonathan Boulevard North Chaska, Minnesota 55318 Dear Mr. Rauworth: This is in response to your letter dated August 18, 1998, regarding your client's concerns relative to the transportation of hazardous materials in a dual marked container, under the Hazardous Materials Regulations (HMR; 49 CFR 171-180). Your company, Fluoroware, Inc., manufactures containers used for the transportation of "Nitric acid." Fluoroware Inc., was also the holder of exemption "DOT-E-9316" to manufacture, mark polyethylene or steel outer packagings for the shipment of up to 71% Nitric acid mixture. and sell composite drums that utilize PFA Teflon liners as the primary containment and Although Fluoroware, Inc., no longer manufactures these packagings under the above-mentioned exemption, it continues to sell such packagings manufactured and marked to the UN standard. Your clients (shippers) who use these containers for the shipment of regulated materials are concerned to the cor bine permanenly dual mark ch veil reme comaniay. You asked your understanding is correct that the exemption number can remain on the container as long as the exemption is not being used as a means to ship the regulated materials. As you are aware, RSPA issued a final rule [Docket HM-181H; 61 FR 50616; 9/26/96], which revised 49 CFR 173.158(f(1) to authorize 6HH1 and 6HA1 composite packagings with PFA reflon inner receptacles for nitric acid concentrations of 70% or less. The composite packagings laving been previously authorized under several exemptions. had demonstrated an equivalent level of safety.#

Page 23.. Your understanding is correct. The prohibited marking requirements, in 49 CFR 172.303, do not require removal or obliteration of the exemption number from the packaging, even when the packaging is not being used under the terms of the exemption. However, in order to minimize confusion or frustration of the shipment, you may wish to cover or obliterate the exemption number marking when the packaging is not being used under the terms of the exemption. I hope this satisfies your inquiry. Sincerely, Vil 765065 Deimer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3of Transportation U.S. Department 20590 Special Programs Research and Administration (EIGHTH REVISION) DOT-E 9316 EXPIRATION DATE: July 31, 1998 (FOR RENEWAL, SEE 49 CFR 107.105.) 1. GRANTEE: Fluoroware, Incorporated, Chaska, Minnesota. 2. PURPOSE AND LIMITATIONS: This manufacture, mark and exemption sell of a non-DOT specification authorizes the composite packaging consisting of an inner receptacle reflon PFA plastic, contained in a steel or polyethylene outer of to the limitations and special requirements specified herein, packaging, for the shipment of up to 71% nitric acid, subject specifically stated. and provides no relief from any regulation other than as 3. REGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171- 180. 4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR Section 173.158. 5. BASIS: This exemption is based Incorporated's application dated June 21, 1996, submitted in Fluoroware, accordance with 49 CFR 107.105. HAZARDOUS MATERIALS (49 CFR 172.101) : description/proper Hazardous materials Hazard Class/ shipping name Division Number Identification Packing Group Nitric acid 8 UN 2031 II :1 !#

Page 4Continuation of 8th Rev. DOT-E 9316 Page 2 7. PACKAGING (S) and SAFETY CONTROL MEASURES: a. receptacle comparable to DOI-2S or 2SL, except that the inner PACKAGING -A composite packaging consisting of an inner packaging is rotationally molded of Teflon PFA resin and has be either of the following: a minimum thickness of 0.040-inch. The outer packaging shall cylindrical construction) of 15-, 30-, or 55-gallon capacity; or steel overpack (of all 16 gauge 5-, 15-, 30-, or outer packaging comprising two components, a top shell 55-gallon capacity polyethylene and a base. inch rivets or 1/4-inch bolts after the Teflon PFA inner The components are joined together by 1/4- receptacle is inserted. shipment, must be tested in accordance with 49 CFR Subpart M TESTING - The composite packaging, assembled as for of Part 178, at the Packing Group II level for liquids. C. authority of this exemption must be either (1) marked with the MARKING - 1. Each packaging manufactured under the name oi the manutacturer and location (city and state) of the registration symbol designated for a specific manufacturing racillty at which it 1s manufactured or (2) marked with a facility. ii. The outside of each package must be plainly and durably marked "DOT-E 9316. " 8. SPECIAL PROVISIONS: a. Offerors for transportation of the hazardous materials specified in this exemption may use the packaging described in this exemption for the transportation of such hazardous the packages, facility from which such offering occurs. b. maintained A COpY OI this exemption, In its current status, must be packaging is manufactured and must be made available to a DOT manutacturing facility at which this representative upon request. 2..#

Page 5Continuation of 8th Rev. DOT-E 9316 Page 3 must comply with all Shippers using the packaging covered by this exemption other applicable requirements contained in 49 CFR Parts 171- Provisions of this exemption, and all PEA liner or polyethylene Any change in the material used to manufacture the Teflon Associate Administrator for Hazardous : overpack must be approved by the Prototype test results for the tests required in paragraph 7 Materials Safety. of this exemption the plastic resin. must accompany any request for changes in 9. MODES OF TRANSPORTATION AUTHORIZED: freight, and cargo vessel. Motor vehicle, rail 10. MODAL REQUIREMENTS: vessel or motor vehicle used to transport packages covered by a. A copy of this exemption must be carried aboard each cargo this exemption. 11. COMPLIANCE: Failure by a person to comply with any of the following may result in suspension or revocation of this exemption and penalties prescribed by the hazardous materials transportation law, 49 U.S.C. Section 5101 et seg.: • All terms and conditions prescribed in this exemption and the Hazardous Materials Regulations, 49 Parts 171-180. Registration required by 49 CFR 107.601 et seg., when applicable. No person may use or apply this exemption, including display no longer in effect. of its number, when the exemption has expired or is otherwise 12. REPORTING REQUIREMENTS: The carrier is required to report any incident involving loss of packaging contents or packaging Safety (AAHMS) as soon as practicable. failure to the Associate Administrator for Hazardous Materials (49 CFR 171.15 and this exemption.) In addition, the holder (s) of this exemption 171.16 apply to any activity undertaken under the authority of must also inform the AAHMS, in writing, as soon as practicable under this exemption. any incidents involving the package and shipments made I BELA.#

Page 6Continuation of 8th Rev. DOT-E 9316 Page 4i Issued at Washington, D.C. Marilyn So. 'Manico September 3, 1996 'Associate Administrator for Alan I. Roberts (DATE) Hazardous Materials Safety Address all inquiries to: Associate Administrator for Hazardous Department of Transportation, Washington, D.C. 20590. Materials Safety, Research and Special Programs Administration, Attention: DHM-31. 241L2 The original of this exemption is on file at the above office. Photo reproductions and legible reductions of this exemption are permitted. Any alteration of this exemption is prohibited. Dist: FHWA, FRA, USCG • • : .ii200*:#

Page 7U.S. Department 1D of Transportation • 400 Seventh Street, S.W. Research and Washington, D.C. 20590 Special Programs Administration SFP 3 1906 ATTENTION EXEMPTION HOLDER(S) • Enclosed is the Revision of DOT-E_/3/6_. Please note the modification(s) to Paragraph(s) 5, 10, exposation date Sincerely, fa Rudy Testing : Office of Hazardous Materials Exemptions & Approvals#

Page 8* Engrum 98-0245 FLUOROWARE $ 172.301 102 Jonathan Boulevard North Fluoroware, Inc. USA Chaska, Minnesota 55318 612.448.3131 Tel. 612.368.8022 Fax August 18, 1998 Mr. Ed Mazzullo RSPA, DHM-10 Director of Hazardous Materials Standards U.S.Dept. of Transportation Washington, D.C. 20590-0001 - Dear Mr. Mazzullo: transportation of regulated materials in a dual marked container. We would appreciate a letter of interpretation regarding a concern a shipper has regarding the We are the manufacturers of containers that are used for the transportation of Nitric acid. Specifically, we have held an exemption (E-9316) since 1984 to manufacture, mark, and sell composite drums that utilize PFA Teflon liners as the primary containment and polyethylene or steel outerpacks for handling. These adopted a new regulation (49CFR 173.158(D(1)) to recognize this as a standard. containers have been extremely successful in the safe shipment of nitric acid, and as such, the RSPA has Fluoroware has always dual marked our containers with a UN number as well as the exemption number. The performance standards set forth by the UN recommendations are, as you are aware of, almost exactly the same as the old DOT performance standards. We have always made sure our containers meet both standards. Because of RSPA's recent recognition of PFA Teflon for applications specified in 173.158, Fluoroware and the Exemptions branch of the RSPA agreed that our exemption E-9316 was no longer necessary. As such, we did not renew the exemption. We recognize that the DOT allows dual marked containers. We also have had some concerns in the field materials. Their concerns stem from the fact that the containers still have on them the exemption number, by our customers regarding the dual markings on containers that are being used for shipment of regulated containers with an exemption number and have not manufactured them with these numbers for some time. even though the exemption has expired. Let me make it clear that we no longer manufacture our The containers of concern are those that were manufactured when the exemption was still in affect. These containers have both the UN number as well as the expired exemption number permanently molded into umbrella of the UN numbers on the containers, they are concerned that enforcement officers might be the side of the outerpack. Even though the shippers of the regulated materials are doing so under the regulated materials. confused when they see an expired exemption number on a container being used for shipments of I have been advised verbally, via a telephone call, by the Hazardous Materials Regulations Information Center (800) 467-4922, that there is no where in the regulations that says that a container cannot have markings that are not being utilized for the shipment of regulated materials. As such, the exemption The materials management company#

Page 9*. regulated materials. number can remain on the container as long as the exemption is not being used as a means to ship the It only makes sense that a container that is dual marked can continue to be used for shipment of regulated materials as long as it is being done in accordance to current regulations and under the umbrella of the UN markings that are on the container. The container is the same. No design, manufacture, or material changes have been made. Please confirm this via a written letter of interpretation so that our customers have documentation to show 'that could occur due to the-confusion of having an expired exemption number on-a containcr even though potential enforcement inspectors. This documentation will help to clarify any possible misinterpretation the UN number is being used to ship the regulated material. Sincerely, Bals Barry Rauworth Senior Project Engineer -#