Marsulex, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and DEC 3 0 1999 Administration Sam Reeder, PhD Ref. No. 99-0210 Quality Manager Marsulex, Inc. 6800W. Central Avenue Suite L-1 Toledo, OH 43617 Dear Dr. Reeder: This is in response to your letter and telephonic discussions different primary hazard class labels and placards is permissible with members of my staff concerning whether the use of two under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire whether a POISON GAS label and the new INHALATION HAZARD label may be displayed for an export shipment that you identify as Sulfur dioxide, 2.3 (8), UN1079. In addition, you inquire whether a highway transport vehicle or rail tank car may also display dual placards (old and new) for the poison inhalation hazard (PIH) material contained therein. You intend to export PIH materials to Canada and it is your understanding that Transport Canada does not recognize U.S. mandated PIH communication requirements. The answer to your questions is yes, the dual display of the old POISON GAS label or placard and the new INHALATION HAZARD label or placard is acceptable. The old label and placard represent the hazard of the hazardous material contained in the package, permitted under the conditions specified in S$ 172.401 (a) and transport vehicle or tank car and, therefore, their display are 172.502 (a) respectively. The effective date for use of the new Class 2 or Class 6 PIH label was October 1, 1999 (Docket HM-206) . The display of the PIH label with the words "INHALATION HAZARD" is optional; shipment must be marked "INHALATION HAZARD" as specified in however, when the words are not displayed on the label, the § 172.313. As you are aware, an interim final rule was recently published (September 16, 1999; HM-206D; 64 FR 50260), which authorizes, under certain conditions, a transition period for use of the old labels under the IMDG Code and the Canadian TDG Regulations. 502 990210#

Page 2For materials poisonous by inhalation, by all modes of cransportation, the sole use of the old POISON GAS placard is permissible until October 1, 2001. When the words "INHALATION HAZARD" do not appear on the placards, as prescribed in § 172.540, the transport vehicle or rail car must be marked as prescribed in $ 172.313. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hatte 2: mitchell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 315 MARSULEXIc. Suite L-1 Toledo, OH 43617 6800 W. Central Avenue TEL: (800) 321-6282 FAX: (419) 842-1130 (419) 841-9001 stevens Wednesday, July 28, 1999 172.502 Mr. Edward Mazzullo 9a-0210 Director of Office of Hazardous Materials Standards U.S. D.O.T. / R.S.P.A. (D.H.M. 10) 400 7th Street, SW Washington, DC 20590-001 Dear Mr. Mazzulio: Please provide a Letter of Interpretation concerning the HM206 interpretation I received by telephone from the US DOT hotline. The interpretation I received allows the use of both the primary INHALATION HAZARD and POISON GAS labels at the same time on a shipment of sulfur dioxide, 2.3(8), UN1079 and the use of the primary INHALATION HAZARD and POISON GAS placards at the same time on a tank truck (or other over the road vehicle) or tank car. This interpretation is based on the opinion that the use of the two placards or labels at the same time was not confusing and thus would meet the requirements of 49CFR172.502 and would not fall under 49CFR172.401(b). Thank you for your consideration. Sincerely, Sam Rech Sam Reeder PhD Quality Manager cc: D. Abbott F:IDOTHM206.doc Responsible Care: A Total Commitment®#