Exxon Company, U.S.A. — Hazardous Materials Safety Interpretation

Page 1pull letter longie 172:322 400 Seventh Street, S.W. of Transportation US. Department Washinglon, D.C. 20590 OCT | 9 1998 Research and Administration Special Programs • - MI. Robert A. Casbill Ref. No. 98-0280 Field Environmental Specialist Exxon Company, U.S.A. 1 Avenue J Bayonne, NJ 07002 Dear Mr. Casbill: This is in reference to your inquiry concerning the pollutants under the Hazardous Materials Regulations (HMR; 49 requirements for non-bulk packagings containing marine CFR Parts 171-180). Specifically, you state that the material, an aviation hydraulic fluid, contains triaryl phosphate, isopropylated in a quantity that meets the definition in $ 171.8 of a marine pollutant when transported by vessel. The material is packaged in quantities ranging from one quart cans to 55 gallon drums. You ask if it is acceptable to describe and mark the packages in accordance with the marine pollutant requirements and to mark the packages with a notation stating that they are not regulated by highway, rail or air. The answer is yes. do so. You may want to consider revising the wording of your the HMR; "Non-bulk packages |< 119 gallons) ARE NOT REGULATED 171.4)." It is unnecessary to show the notation on your regulated bulk packages. I hope this information is helpful. If I can be of further assistance, please contact me. Sincerely, Hattee z. mitchel - Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#