Stonhard, Inc. — Hazardous Materials Safety Interpretation

Page 1Grit of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration OCT 10 2000 Mr. Walter D. Toomer, CHMM Ref. No. 00-0170 Stonhard, Inc. Manager, Regulatory Affairs One Park Avenue Maple Shade, NJ 08052 Dear Mr. Toomer: This is in response to your June 8, 2000 letter requesting a definition of "Paint." You also asked whether the gross mass of inner packagings must be shown on the shipping paper for vessel shipments. You are correct, "Paint" is not defined in 49 CFR 171.8. Section 173.173 identifies "Paint" as the proper shipping name for "paint, lacquer, enamel, stain, shellac, varnish, liquid aluminum, liquid bronze, liquid gold, liquid wood filler, and liquid lacquer base." The proper shipping name "Paint-related material" describes paint thinning, drying, reducing or removing compounds. If a more specific description is listed in the § 172.101 Hazardous Materials Table, that description must be used. In response to the second question, the shipping paper entry required by § 172.203(i)(3) for the gross mass of each type of package or the individual gross mass of each package for vessel shipments applies to the outside package; which in your case is the combination package. The gross mass of individual inner packagings is not a required entry. I hope this satisfies your request. Sincerely, Hothe 2. Michelo Hattie L.Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 000170#

Page 208 June 2000 STONHARD Mr. Edward Mazzulio, Director US Department of Transportation Stonhard, Inc. Office of Hazardous Materials Standards One Park Avenue 00 7th Street SW Maple Sh e.T79-7552 /ashington, DC 2059 FAX: 856/321-7510 Page 1 of 2 VIA: CERTIFIED MAIL #Z 794959 433 RETURN RECEIPT REQUESTED Corbin RE: Stonhard, Division of StonCor Group, Inc. Request for Regulatory Interpretation Hazardous Materials Transportation $ 173.173 Cc: 172.203 00-0M70 Dear Mr. Mazzullo: Per the recommendation of the USDOT Hazardous Materials Information Center, Stonhard hereby requests clarification interpretations of the following regulations: • 49 CFR 171.8: No specific definition of "Paint" is provided in 49 CFR 171.8. The listing for the proper shipping name "Paint" under the proper shipping name "Paint", but no definition is provided. in the Hazardous Materials Table (49 CFR 172.101) provides examples of what types of materials can be shipped For reference, Merriam Webster's Collegiate Dictionary, Tenth Edition, defines "Paint" as "a mixture of pigment and a suitable liquid to form a closely adherent coating when spread on a surface in a thin film". Stonhard requests a clear and specific definition of "Paint", as referenced in the 49 CFR 172.101 Hazardous Materials Table, so that we may make an accurate assessment of that proper shipping name's applicability to our products. • 49 CFR 172.101: Stonhard manufacturers products which, using the definition provided above for convenience, may or may not be considered "Paint", depending on the product's intended or ultimate use. With regard to the selection of the most suitable and accurate proper shipping name from the Hazardous Materials Table at 49 CFR 172.101, how much consideration must be given to the material's intended or ultimate use? • 49 CFR 172.203(i): When transported by water, 49 CFR 172.203(i) requires the following additional shipping paper entries: (i)(1) Identification of the type of packagings such as barrels, drums, cylinders, and boxes. Dart of tha ISO 9002 Reaistered Comnany#

Page 3Request for Regulatory Interpretation Mr. Edward Mazzullo, USDOT 08 June 2000 Page 2 of 2 (i)(2) The number of each type of package including those in a freight container or on a pallet. (i)(3) The gross mass of each type of package or the individual gross mass of each package. (i)(4) The name of the shipper. declared on the shipping papers with their individual gross mass and counts? We appreciate your careful consideration of these issues as they relate to our business. Should any questions arise regarding this inquiry, please contact me at (856) 321-7537. Sincerely, STONHARD, DIVISION OF STONCOR GROUP, INC. ables tar Walter D. Toomer, CHMM Manager, Regulatory Affairs WDT pc: J. Beam, Stonhard J. Garcia, Stonhard K. Schlereth, Carboline L. Bowers, Stonhard C. Brush, RPM M. McMahon, MDHB Transportation Files#