Kinsbursky Brothers Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. Research and 20590 Special Programs Administration APR: 2 O 1999 Mr. Paul D. Johnson Director of Environmental Affairs Ref.. No. 99-0072 Kinsbursky Brothers Inc. 1314 N. Lemon Street Anaheim, CA 92801 Dear Mr. Johnson: This is in response to your letter dated March 17, 1999 regarding the bulk packaging requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether non-specification non-bulk packagings of Lithium hydroxide monohydrate (UN2680) may be further packaged in a sift-proof non-DOT specification closed bulk bin, to satisfy S 173.240 The answer is yes. As provided in § 173.240, a non- Tithium hydroxide monohydrate (UN2680). The fact that the specification closed bulk bin is an authorized packaging for material is already packaged in non-bulk packagings is not relevant. I hope this information is helpful. Sincerely, Thoma A. Allan Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 990072 173.240#

Page 2KINSBURSKY BROTHERS Gale March 17,1999 IN C §123.240 Edward T. Mazzullo Director, Office of Hazardous Materials Standards 990072 USDOT-RSPA (DHM-10) 400 Seventh St. SW Washington, D.C 20590-0001 Dear Mr. Mazzullo, I am requesting a letter of interpretation from your office in order to clarify the packaging regulations as they apply to bulk containers with inner packages. Specifically, I am trying to prepare for transit, a load of LiOH (Lithium Hydroxide Monohydrate, solid, 8, UN2680, PGII) currently at a processing facility in Columbus, Ohio, packaged in non- UN approved containers. I have arranged for the material to be shipped in a sift-proof non-DOT specification portable closed bulk bin, as provided in 49 CFR §173.240 (see attached). Mr. Todd Nash, from the Hazardous Material Information Center, has also suggested this method of packaging. This reasoning is further supported by a letter from your office dated January 30, 1998 (see attached). In this letter, your office is addressing asbestos in a similar situation stating; "As provided in § 173.240, a non-specification closed bulk bin is an authorized bulk packaging for both of the described Class 9 materials. The fact that the material is already packaged in bags is not relevant to this scenario". Since 173.240 also applies to LiOH in bulk containers, it would seem one would come to the same conclusion. However, a misinformed gentleman in charge of the Ohio facility, has sent a letter stating that he will not allow the LiOH to be loaded with out first receiving a letter from the Department authorizing this type of shipment. The same gentleman is charging my firm a storage fee and offering a repackaging service at a grossly inflated price. It is therefor imperative that I provide documentation authorizing this type of packaging. Your clarification on this matter is greatly appreciated. If you have any questions, please contact my office at (714) 738-8516. Paul D. Johnson Director of Environmental affairs Kinsbursky Brothers Inc 1314 N. Lemon Street Anaheim, California 92801 (714) 738-8516 (800) 548-8797 FAX (714) 441-0857#