California Loss Control — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh St, S.W. Research and of Transportation Washington, D.C. 20590 MAR 9 2001 pecial Program: dministratiol Mr. Michael V. Nicholas Ref. No. 00-0333 California Loss Control 2120 Foothill Boulevard La Verne, CA 91750 Suite 210 Dear Mr. Nicholas: This responds to your letter and telephone conversation with Mr. Michael Stevens of my staff regarding the packaging exceptions for consumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire whether a shrink-wrap and cardboard combination would satisfy the requirement of a strong outer packaging for a photographs showing your client's current fiberboard box Consumer commodity, ORM-D, under § 173.156. You enclosed packaging and a proposed, half-box packaging (tray) that is triple shrink-wrapped to a pallet. You state that your client's product, an alkyd resin primer of medium viscosity with a closed-cup flash point of 70°F and an initial boiling point of 240°-375°F, is assigned to Packing Group II. See S 173.121(a). The primer is contained in one gallon metal cans. The use of shrink-wrapped trays as an outer packaging for consumer commodities is authorized in S$ 173.25 and 173.156. However, a flammable liquid, that is also a consumer commodity, must first meet the limited quantity provisions specified in $ 173.150 (b)to be eligible for re-classification. gallon cans exceed this quantity nearly four-fold. A viscous liquid in Packing Group II may, however, be reassigned to Packing Group III provided it conforms to the conditions specified in § 173.121 (b). The one gallon cans of primer would then be eligible for re-classification as an ORM-D and may be renamed "Consumer commodity." If your client's primer does not meet the viscosity criteria in § 173.121 (b), it must be packaged either in a UN standard meeting 173,25 0C0333#

Page 2the Packing Group II performance level packaging as specified in S173.202, or in strong outer packaging conforming to subpart B of Part 173 as specified in § 173.173 (b) (2). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Halli z. Mittel Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3• Stevens • California Loss Control 5/13.25(b) overpack November 27, 2000 00-0333 Mr. Edward Mazzullo Director of Standards The Office of Hazardous Materials US Department of Transportation 400 7* Street R.S.P.A. Southwest Washington D.C. 20590 RE: KILZ 1 GALLON METAL CANS PRODUCT # 51652-10001-3 PRODUCT CLASS: ALKYD RESIN PRIMER Dear Sir: My services have been retained as a Safety Consultant and it is in this capacity that I am requesting information concerning the packaging of Kilz 1 Gallon Metal Cans, a consumer product. My client wishes to ship this product in a ½ box, shrink-wrapped to a pallet. We believe that shrink-wrap, as applied, is as strong or stronger than the current cardboard wrapping materials. See enclosed photos of the current as well as the suggested packaging. Please inform us of any testing that has been conducted to determine the strength of the cardboard versus the strength of triple wrapped shrink-wrap, as well as testing protocols. Enclosed is a copy of the current Material Safety Data Sheet for your review. If you have any questions concerning this matter, please contact my office at (909) 596-8070. Respectfully, Muteel Archolas Michael V. Nicholas WSO CSSD CHMS REA MN/cg 2120 Foothill Boulevard La Verne, CA 91750 Suite 210 FAX: (909) 596-9644 R/DIR Premis produces pean empes on one on or espoil i pine no ele you this responsibily. (909) 596-8070 This correspondence is advisory only. It does not attempt to list all existing hazards, or to indicate that it other hazards exist, they are adequately controlled. Safely of#