Sharp Microelectronics Technology, Inc. — Hazardous Materials Safety Interpretation

Page 1of transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. . 20590 Special Programs Research and Administration JUL 7 1999 Ms. Lesa L. Grant Ref. No: 99-0001 Sharp Microelectronics Technology, Inc. 5700 NW Pacific Rim Blvd. Camas, Washington 98607 Dear Ms. Grant: This is in response to your December 22, 1998, letter concerning the training requirements for materials shipped under the small quantity exceptions in § 173.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). Materials which meet the requirements of § 173.4 are not subject to any other requirements of the HMR. Therefore, persons who ship hazardous materials under the provisions of $ 173.4 are not subject to the formal training requirements of Subpart H in Part 172. A person who offers small quantity shipments under § 173.4 is still responsible for properly classifying and naming the material as well as correctly determining if the material may be shipped as a small guantity. I hope this satisfies your request. Sincerely, Thon I. Allan Thomas G. Allan Iransportation Regulations Specialist Office of Hazardous Materials Standards 990001 173.4#

Page 2BAH SHARP SHARP MICROELECTRONICS TECHNOLOGY, INC. 173.4 700 NW Pacific Rim Boulevar amas, Washington 9860 Telephone (360) 834-8700 Facsimile (360) 834-8611 Edward Mazzullo Director O.H.M.S 400 7h St. Washington, D.C. 20590 December 22, 1998 Re: Request for Interpretation regarding CFR 49 Sec. 173.4. Dear Director Mazzullo, At our facility, on occasion we have a need for one of our chemists to transport small quantities (approximately 1-3 mls.) of hazardous materials to another local laboratory for analysis. The materials in question meet the quantities and hazard classes allowed by the "small quantities exception" in section 173.4, therefore we plan to transport these materials according to the requirements as such. Although the employee responsible for transporting the sample materials has a P.H.D. in chemistry, and is knowledgeable of DOT regulations, a question has arisen as to whether or not the chemist transporting the samples would be considered a "Hazmat Employee" as defined in section 171.8, and therefore subject to the DOT training requirements specified in section 172.704. Since the chemical samples fall within the "small quantities exception" ", it is our interpretation that these materials are "not subject to any other requirements of this subchapter" which would include "training" , as described under section 172.704. I have contacted the DOT hotline, regarding this matter, however I do not feei that a definitive conclusion on interpretation was reached. Therefore, in order to ensure compliance we are requesting a ruling as to whether or not this employee would be required to receive DOT training as defined in section 172.704. Your response to this request would be greatly appreciated. If you have any questions or require further information please contact me at (360)817-8407. Lesa L. Grant CASE d'DER MINOTA, FRUILITIES FOR LEIA GAST Environmental Manager enc. none REF NO 99-0001#