VP Buildings, Inc. — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration MAY 2 1 2001 Ref. No. 01-0037 Mr. Randy Geesing VP Buildings, P.O. Box 4369 Inc. St. Joseph, MO 64504-0369 Dear Mr. Geesing: This is in response to your letter and subsequent telephone conversation with a member of my staff requesting clarification of the requirements under the Hazardous Materials Regulations commodity," ORM-D. (HMR; 49 CFR Parts 100 to 185) pertaining to "Consumer You state that your products, small as "Paint" UN1263, Packing Group II and are packaged in quantities of touch-up paint and primer, were initially classed as "Consumer commodity," ORM-D. Specifically, you ask for 1-quart cans and 2-ounce plastic bottles that you ship by highway • clarification of the consumer commodity definition, the applicable consumer commodity requirements and whether your products meet the provision in $ 173.156 (b) (I) (iii). A consumer commodity, is packaged and distributed in a form suitable for retail sale or as defined in § 171.8, is a material that consumption by individuals for purposes of personal care or household use. Such materials may include paint and paint related definition includes materials that are suitable for retail sale materials. You are correct in your understanding that this • even if not specifically so intended and, in fact, may be used in some other fashion. "Consumer commodity," With regard to the applicable requirements for transporting inner packages (not over 1.0 liter (0.3 gallon) net capacity for Packing Group II) must be placed in a strong outer packaging not to exceed 30 kg 166 pounds gross 010037 173,150#

Page 2weight) . or end with the ORM-D designation immediately following The outer packaging must be marked on at least one side the proper shipping name "Consumer commodity" (see § 173.316). or below Based on the information you submitted, we agree that under § 173.150, you may transport your product as "Consumer commodity," ORM-D, provided it meets the general packaging provisions in S$ 173.24 and 173.24a, as well as the limited quantity packaging provisions. is a hazardous substance, hazardous waste or marine pollutant, In addition, unless the material your product would also be excepted from the shipping paper requirement. However, the marking exception in § 173.156 would company's manufacturing facility to its construction site does not apply because transporting consumer commodities from your not meet the provision in paragraph (b) (1) (iii). hazardous materials in the You also ask whether you may package nuts, bolts and other non- The answer is yes, provided the materials are not capable of same outer packaging with the paint. $ 173.24 (e) (4). reacting dangerously with each other as set forth in need further I hope this information is helpful. Please contact us if you assistance. Sincerely, Hothe z. michelo Hattie I. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3McIntyre 8173.150 VP Buildings, Inc. 2250 Lower Lake Rd. ' Flammable Liquid P.O. Box 4369 Except. st. Joseph, MO 045040369 Tel 816-238-7550 01-0037 Fax 816-238-8127 f January 30, 2001 Mr. Edward Mazzullo, Director Office of Hazardous Materials Standards Research and Special Programs Administration U.S. Department of Transportation 400 7* Street Southwest Washington, DC 20590 Dear Mr. Mazzullo: VP Buildings, Inc. is a manufacturer of pre-engineered steel buildings and ships small quantities of touch up paint and primer for use on our product. I am requesting written may be renamed "Consumer Commodity": and reclassed as ORM-D material per confirmation to verify that the small quantities of Paint, 3, UN1263, PG II that we ship, 173.150(c). Both the bronze primer (quart cans) and the acrylic lacquer touch up paint 173.150(b). Although the formulas and colors are specific to our product and not (2 oz plastic bottles) meet the requirements of limited quantities as outlined in intended for personal care or household use, it is my interpretation that they are packaged and distributed in a form suitable for this purpose, and similar products are available at many retail outlets. is my understanding that if reclassed as an ORM-D, the only shipping requirements I would also like clarification on the shipping requirements of a consumer commodity. It _ would be: (1) strong outer package that conforms to 173.24, (2) 66 pounds maximum immediately below the proper shipping name "Consumer Commodity". However, based gross weight, (3) marked on at least one side or end with the ORM-D designation on the exceptions in 173.156(b1), would these requirements apply when the small quantities of primer and touch up paint are packaged with nuts, bolts, etc. in a large jobsite and builder? overpack box and transported with our product by contract motor carrier to a specific I have enclosed MSDS sheets and a picture for your use. Please feel free to call me at 816-238-7550 if you have questions or need further clarification. Sincerely, Randy Geesing Corporate Traffic Manager RMG/gbw#