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Interpretation Response #00-0378 ([TruGreen - ChemLawn Technical Center] [Mr. Roger A. Yeary])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: TruGreen - ChemLawn Technical Center

Individual Name: Mr. Roger A. Yeary

Location State: OR Country: US

View the Interpretation Document

Response text:

SEP 26, 2000


Mr. Roger A. Yeary
TruGreen – ChemLawn Technical Center
135 Winter Road
Delaware, OR 43015

Dear Mr. Yeary:

This responds to your petition for rulemaking (P-1400) requesting that the criteria for Materials of Trade (MOTs) be expanded to allow up to 1880 L (500 gallons) of a diluted mixture, not to exceed 2% concentration of a Class 9 material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In accordance with 49 CFR 106.33( c), your petition is denied. The reasons for this denial are detailed below.

The provision authorizing the transportation of up to 400 gallons of a diluted mixture, not exceeding 2% concentration of a Class 9 material as a MOT, was added as a result of a rulemaking action under Docket HM-200 - Hazardous Materials in Intrastate Commerce. RSPA did not initially propose materials of trade exceptions for any bulk quantity of a material. Commenters to the supplemental notice of proposed rulemaking expressed concern that while a small container filled with a concentrated hazardous material may meet the criteria for a MOT, when the same amount of material was transported in an aqueous solution in a larger packaging, it would no longer qualify for the exception. As a result of these comments, RSPA agreed with the commenters and authorized a dilute mixture of a Class 9 material (up to 2 percent concentration) in a packaging having a capacity of 400 gallons or less to be transported as a MOT.

The 400-gallon limit accommodated small business practices in place at the time of the rulemaking. It limits the amount of a technically pure hazardous material contained in a bulk packaging to the same quantity as is authorized in a non-bulk packaging. An example is chlorpyrifos, a pesticide, which has a reportable quantity of one pound. As a concentrate, it would qualify as a material of trade in an eight­gallon container. However, due to its one-pound reportable quantity, when diluted with water in a 400-ga11on capacity cargo tank or portable tank to the 1 or 2 percent concentration in which the product is normally applied, the tank contains a reportable quantity and is therefore a Class 9 hazardous material. You may transport quantities or concentrations of hazardous materials greater than those adopted under Docket HM-200, however, such shipments are fully subject to the HMR.

You have not provided any justification for expanding the exceptions adopted through rulemaking and we do not believe further relaxation is warranted.

If you have any questions, please contact Mr. Delmer Billings, Chief, Standards Development at 202-366-8553.



Robert A. McGuire
Associate Administrator for
Hazardous Materials Safety

Regulation Sections

Section Subject
173.6 Materials of trade exceptions