Interpretation Response #14-0138R ([Polytek Development Corp.] [Ms. Cynthia Salisbury])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Polytek Development Corp.
Individual Name: Ms. Cynthia Salisbury
Location State: PA Country: US
View the Interpretation Document
Response text:
June 2, 2015
Ms. Cynthia Salisbury
Regulatory Affairs
Polytek Development Corp.
55 Hilton Street
Easton, PA 18042
Ref. No. 14-0138R
Dear Ms. Salisbury:
This responds to your July 16, 2014 request for clarification on emergency response information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you state that you ship hazardous materials under generic shipping description "UN3082, Environmentally hazardous substance, liquid, n.o.s. (butyl benzyl phthalate), 9, III," and include the Emergency Response Guidebook (ERG) #171 as part of the description; and you verify that the carrier has the ERG in the cab of the truck. You ask if this complies with the § 172.602(b) emergency response information requirements. You also inquire whether the most current edition of the ERG must be carried.
The combination of providing an ERG guide number with a hazardous material description and verifying carriage of an ERG in the carrier’s vehicle(s) satisfies the HMR requirements (see § 172.602(b)(3)(iii)). Additionally, the most up-to-date emergency response information should be used to satisfy the Part 172, Subpart G requirements. Thus, the edition of the ERG used to satisfy the emergency response information requirements for your shipment should contain guidance that is most relevant to current emergency response practices.
Section 172.602(a)(1) states that the emergency response information must contain the basic description and technical name of the hazardous material as required by §§ 172.202 and 172.203(k). Section 172.602(b)(3) requires that the emergency response information is presented (i) on a shipping paper; (ii) in a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material; or (iii) related to the information on a shipping paper, in a separate document (e.g., an emergency response guidance document), in a manner that cross-references the description of the hazardous material on the shipping paper with the emergency response information contained in the document. Thus, your method satisfies the third option for presenting emergency response information.
I hope this answers your inquiry. If you need additional assistance, please contact this Office at (202) 366-8553.
Sincerely,
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
172.602(b), 172.602(b)(3)(iii)), 172.202, 172.203(k)