Vessels Limited — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Research and Washington, D.C. 20590 Special Programs Administration MAY | 4 1998 Mr. Martin Laverty Containers and Pressure Vessels Limited Clones Co. Managhan IRELAND Dear Mr. Laverty: This is in response to your letter asking whether "Hexachlorocyclopentadiene," a material poisonous by inhalation, may be shipped in an IM 101 portable tank that complies with special provisions T38, T43, and T45, from Europe to the United States by vessel in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The answer is yes. When a hazardous material, subject to the requirements of the IMDG Code, is a material "poisonous by inhalation," it must be packaged in accordance with the requirements of the HMR (see 49 CPR 171.12(b)(8)). As prescribed in special provisions "143" and "I45," "Hexachlorocyclopentadiene, 6.1, UN 2646, I" may be shipped from Europe to the United States by vessel in an IM 101 portable tank, as prescribed in the "IM Tank Configurations Table" in 49 CFR 172.102 (c)(7)(i). Under the HMR, with certain exceptions, if all or part of the transportation is by vessel, a hazardous material which is classed, packaged, marked, labeled, placarded and described in accordance with the requirements of the International Maritime Dangerous Goods Code (IMDG Code) may be offered and accepted and transported in the United States (see 49 CFR 171.12(b)). Section 13 of the General Introduction of the IMDG Code authoriżes a Type I : : packagings must conform to the requirements of the HMR." As a practical consideration, an IM 101 portable tank may also have to be dual marked as an IMO Type 1 portable tank in order to satisfy other competent authorities or the vessel carrier. :#

Page 2: For your information, a DOT Specification 51 portable tank is also authorized for transportation of Hexachlorocyclopentadiene by the HMR. As with the IM 101 tank, a DOT Specification 51 portable tank may also need to be dual marked in order to satisfy ! requirements of other authorities. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Shout Billing Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3! U.S.Department of Transportation 400 Seventh Street. S.W Research and Washington, D.C 20590 Special Programs Administration Mr. Martin Laverty Containers and Pressure Vessels Limited Clones Co. Managhan IRELAND Dear Mr. Laverty: This is in response to your letter asking whether "Hexachlorocyclopentadiene" can be shipped in an IM 101 portable tank that complies with special provisions T38, T43, and T45, from Europe to the United States by vessel in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The answer is yes. When a hazardous material, subject to the requirements of the IMDG Code, is a material "poisonous by inhalation," it must be packaged in accordance with the requirements of the HMR (see 49 CFR 171.12(b)(8)). As prescribed in special provisions "T43" and "T45," "Hexachlorocyclopentadiene, 6.1, UN 2646, I" may be shipped from Europe to the United States by vessel in an IM 101 portable tank, as prescribed in the "IM Tank Configurations Table" in 49 CFR 172.102 (c)(7)(i). Under the HMR, with certain exceptions, if all or part of the transportation is by vessel, a hazardous material which is classed, packaged, marked, labeled, placarded and described in accordance with the requirements of the International Maritime Dangerous Goods Code (IMDG Code) may be offered and accepted' and transported in the United States (see 49 CFR 171.12(b)). Section 13 of the General Introduction of the IMDG Code authorizes a Type 1 portable tank. Except for packagings conforming to the requirements of Section 26 Intermediate Bulk Containers (IBCs)) of the IMDG Code, bulk packagings must conform to the requirements of the HMR (see 49 CFR 171.12(b)(5)). For your information, a DOT Specification 51 portable tank is authorized only for domestic shipments in the United States, unless it is dual marked as specified in Section 26 of the IMDG Code. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 4in 25/11'97 IUE 17:57 FAX 017 51616 C.P.V LTD 21001 CPV Containers and Pressure Vessels Limited 1 172,102 ax + 353.47.3161 $c:351 Mail: opriank@indigoi Facsimile Transmission To: USDOT Regulations From: Martin Laverty Attre: Helen Ingram Date: 25/11/97 Fax No.: 001-202-366-8700 No. of pages: 1 If uny of this transmission is undon pleasa call us. RE: 12 CFR Purts 1106-780, (ur Bef: E7510 further to our telephone conversation can you please confirm portable rank conrainer requirements for:- Ilexachlorocyclopentadiene UN 2646 We wish to transport this product in an IM Portable Tank from Europe to USA and want to make sure we are complying with all regulatory regulations In table 172.101 column 7 shows T38. T45 and I45. Column 8C shows 244 which only shows DOT Si Portable tanks. Can I use an IM 101 Portable Tank that complies to T38, T43 and T45. • Appreciote your attention on this matter. Containers & renture Vessels Limitedl#

Page 5of Transportation U.S. Department United States Coast Guard FACSIMILE Office of Operating and TRANSMITTAL Environmental Standards Hazardous Materials Standards Division Tel: (202) 267-1217 Fax: (202) 267-4570 To: Helen Enssum FROM: COMPANY: E. P. Pfersich FAX NUMBER, DATE 4/27/98 63753 TOTAL NO. OF PAGES INCILDING COVER: PHONE NU'MBER. SENDER'S REFERENCE NUMBER RE: YOLR REFERENCE NUMBER: NOTES/COMMENTS: Marten Laverty letter. Nelen-Somy for taking on long to get back to you on this. Attached are my suppestions. I scanned your craft into a document and then editted it. Underlined text is added text, deleted, text is lined through. Hope it halps, call if you have questions. Manne, 5: 62200#

Page 6COVER LETTER DATE *04/27. 14:49 TO: 202 366 3753 FROM: TEL NO. 000000000000 TOTAL PAGES 003 ( INCLUDE THIS PAGE )#

Page 7... ні 4 = RETURN FAX NUMBER (202) 366-30 | 2 NUMBER OF PAGES (INGLUDING COVER) 2. DATE 3/18/98 TIME 6'45 ADDRESSEE Manny Persick FAX NUMBER 74570 INITIATOR Helen Englan PHONE 64473 PHONE 1-800-467-4922 MESSAGE Sending as requested since fist letter did not get to you : : YOu ARE RECEIVING A TELEFAX FROM THE HAZARDOUS MATERIALS INFORMATION CENTER OFFFICE OF HAZARDOUS MATERIALS STANDARDS FOR INFORMATION ON HAZARDOUS MATERIALS TRANSPORTATION PLEASE VISIT OUR WEBSITE AT http:/hazmat.dot.gov#

Page 8"... You are receiving a FAX from OHMS Office of Hazardous Materials Standards AT OF TRANSPO DEP UNI STATES OF AN ! Return FAX Number (202) 366-3753 Number of Pages (Including Cover) 3 98 Date 3 - 4 - 29 _ Time 10:30 Addresso manny Persect FAX Number @ 2671577 Initator telen Engrena Phone 114520 Phone 1-800-467-4922 4423 need concurence -thanks#