Great Western Chemical Company — Hazardous Materials Safety Interpretation

Page 1171.1 Transportatio S. Departmen 400 Seventh Street, S.W Washington, D.C. 20590 Research and pecial Program dministratio JAN 21 2000 Ms. Kimberly Henson Corporate Compliance Manager Ref. No. 99-0250 Great Western Chemical Company 808 Southwest Fifteenth Avenue Portland, Oregon 97205 Dear Ms. Henson: 1301 coroners Who pick no hazarous mato lans ace gour 1723 facility using their own light-weight trucks. You ask if these "will call" customers are subject to the HMR under the following scenarios: SCENARIO 1: A customer picks up 1,050 pounds of 30% hydrogen peroxide and transports the material on public roads by private truck. He takes the material back to his house, where he dilutes it and uses it to oxygenate the irrigation water in his flower gardens. SCENARIO 2: The next day, the same customer picks up pounds of 30 hy day, However, this time he takes the material to his plant the material on public roads using the same truck. where he manufactures a specialty oxygenator for sale to area nurseries. hazardous materials commerce. The term "in commerce" commercial enterprise. Accordingly, hazardous materials that are sold to customers for personal, non-commercial use and ransported by such persons in their personal vehicles are not subject to the HMR. Therefore, under the first scenario, the customer is not subject to the HMR. Under the second scenario, the customer is subject to the HMR and, depending on circumstances, may require shipping papers, emergency response information and placarding of the transport vehicle.#

Page 2• : I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Hatle z nichell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office Of Hazardous Materials Standards#

Page 3GREAT WESTERN CHEMICAL CO. 808 SOUTHWEST FIFTEENTH AVENUE PORTLAND, OREGON 97205 (503) 228-2600 CORPORATE HEADQUARTERS stevens August 27, 1999 S171.1 Office of Hazardous Materials Standards (DHM-10) 99-0250 U.S. Department of Transportation 400 Seventh Street S.W. Washington, DC 20590-0001 RE: Interpretation of 49 CFR 171.1 Great Western Chemical Company is a distributor of chemical products. A very small percentage of our business involves the sale of chemical products to businesses that pick up the products using their own pick-up trucks. To be on the safe side, we have required these "will- call" customers to comply with the HMRs if the customer will be transporting DOT hazardous to these types of customers. In your opinion, do the HMRs apply to the following scenarios: materials. However, we have been challenged several times about the applicability of the HMRs transports the material on public roads by private truck. He takes the 1. A customer picks up 1,050 pounds of 30% hydrogen peroxide and material back to his house, where he dilutes it and uses it to oxygenate the irrigation water in his flower gardens. 2. The next day, the same customer picks up 1,050 pounds of 30% hydrogen peroxide and transports the material on public roads using the same private truck. However, this time he takes the material to his plant where he manufactures a specialty oxygenator for sale to area nurseries. Are these acts regulated under the HMRs? Please do not hesitate to call me at 1-800-547-1400, ext. 328 if you need any further clarification. Sincerely, Great Western Chemical Company Himkely Henson Kimberly Henson Corporate Compliance Manager Alaska: Anchorage, Fairbanks, Kenai Arizona: Chandler, Tucson California: Arleta, Bakersfield, Fresno, Militas, Richmond, San Diego, Santa Fe Oregon Eugene: Postand Texas: Car on, Paso Utah: Salaany Miginada agon Mortant Helena Movada Span Virginia: Sandston Washington: Pasco, Seattle, Spokane Wyoming: La Barge Canada: Vancouver-British Columbia, Calgary-Alberta Mexico: Guadalajara-Jalisco, Tijuana-BCN#