Hazmat Discrepancy

Went to pick up a load yesterday but wasn't sure that I was legal to haul it. I do not have a Hazmat Endorsement on my CDL but everyone and their brother was telling me that I was legal.

Load was 41,958 lbs of Zinc Dust, not including pallets, etc.
21 pallets, 2 bags per pallet, 999 lbs. per bag.


Was furnished with an MSDS sheet that had the following informaton in Section 14:

USDOT: This material is Zinc metal under 100 microns in size. In packages less than 1,000 lbs it is not regulated. In packages greater than 1,000 lbs, it is regulated.

Materials, Classification
Zinc Dust, Class 9, UN3077, Packing Group III, RQ (Zinc)
Proper Shipping Name: Zinc Dust

I found another MSDS sheet for the same Proper Shipping Name online and it listed the following information in Section 14:

DOT CLASSIFICATION

CLASS 4.2: Spontaneously combustible substance. CLASS 4.3: Dangerous when wet material.

Identification: Zinc Dust / Powder, UNNA 1436, PG I

Sure enough, when you look up Zinc Dust in the ERG it comes up as UN1436. According to 49 CFR 172.504, all quantities of substances listed under Table I must be Placarded, which includes Class 4.3: Dangerous when wet.

Was I legal to pull it?

 

Class 9 doesn't require placards domestically. Class 4.3 would however.

Shipper and company both swore up and down that no Placards were required.

 

Bills didn't list anything. They only said "This material is not subject to the D.O.T. Hazardous Materials Regulation, 49 CFR Part 100-199"

None of the bags were labeled.

 

It's just one of those odd things that pop up and you have to make a go/no go decision. Really makes you think twice after opening up that ERG. I didn't know about the other forms of Zinc Dust though.

 

So why did their MSDS show UN3077? That response guide calls for using water on small or large fires. Seems like a bad idea to me. Thanks for info