Town Paint & Supply Co. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 APR 10 2003 Mr. Jeffrey Aaron Town Paint & Supply Co. Ref. No. 03-0031 P.O. Box 101035 Lyman Street Northboro, MA 01532 Dear Mr. Aaron: This responds to your January 28, 2003 letter requesting clarification on shipping a lacquer thinner product as a Consumer commodity, ORM-D, between Canada and the United States under § 171.12a of the Hazardous Materials Regulations (HMR; 49 CFR Parts-171-180). Specifically, you ask whether you must repackage the "Consumer commodity, ORM-D" material received from Canada as "Paint related material, UN 1263, PG I'" before re-shipping the material to your customers in the United States. According to your letter, you ship and receive a lacquer thinner product packaged in one gallon metal cans which are packed four to a case, as "Paint related material, UN 1263, 3, PG I" from your supplier in Canada. You further state that the product is now arriving at your facility from Canada packaged as a "Consumer commodity, ORM-D". You ask whether you must repackage this material as "Paint related material, UN 1263, PG II" when re-shipping to your customers in the United States or whether you may continue to ship it as "Consumer commodity ORM-D". Section 171.12a authorizes a hazardous material that is classed, marked, labeled, placarded, described on a shipping paper, and packaged in accordance with the Transportation of Dangerous Goods (TDG) Regulations issued by the Government of Canada to be offered for transportation and transported to or materials shipped from Canada as Consumer Commodities. However, it would not be acceptable at this product to be reclassed and shipped as a Consumer commodity, ORM-D material, the quanity 173.150 030031#

Page 2information, Docket HM-215E has proposed to add Special Provision 149 for the paint related material entry. If adopted in the final rule, Special Provision 149 would authorize inner packagings of months. up to 5.0 L. We anticipate issuing a Final Rule under Docket HM-215E within the next several I hope this answers your inquiry. Sincerely, Selm Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Boothe 3 SOUTH MAIN STREI (50B) 653-8932 ATICK 0176 § 172.101 own $|73.144 667 MAIN STREET TEATICKET 02536 (508) 540-1933 (781) 324-5368 PAINT & SUPPLY ORM 206 BARNSTABLE ROAD HYANNIS 02601 (508) 771-4290 IRLBOROUGH 017 1 HOWE STRE 03-0031 (508) 485-0538 TOWN PAINT & SUPPLY CO. EAST HARWICH 02645 RTE. 137 (508) 432-3669 (978) 922-1107 HARDWARE - PAINTS - WALLPAPERS ELECTRICAL AND PLUMBING SUPPLIES 41 MEETING HOUSE LANE BUZZARDS BAY 02532 (508) 888-8237 WAREHOUSE & OFFICE 35 LYMAN STREET P.O. BOX 1010 NORTHBORO, MA 01532 January 28, 2003 (508) 393-7746 WAREHOUSE (781) 237-2296 OFFICE FAX (508) 393-7842 MR. EDWARD T. MAZZULOO U.S. DOT OFFICE OF HAZARD MATERIAL SAFETY RSPA 400 7TH ST S.W. WASHINGTON D.C. 20590 DEAR MR. MAZZULOO: WE SHIP AND RECEIVE A PRODUCT CALLED LACQUER THINNER PACKAGED IN ONE GALLON METAL CANS FOUR TO A CASE. THE PRODUCT USE TO COME IN TO US WITH A DIAMOND ON THE PACKAGE AND MARKED UN 1263 PGII CLASS 3. IT IS OUR SUPPLIER RECOCHEM INC OF CANADA HAS INFORMED US THAT THE NOW COMING IN TO OUR FACILITY. AS AN ORM-D CONSUMER COMMODITY. REGULATION HAS CHANGED. (SEE ATTACHED LETTER) UNITED STATES, DO I HAVE TO REPACKAGE THE PRODUCT OR CAN I SHIP IT OUT AS MY QUESTION IS THAT WHEN I RESHIP THIS PRODUCT TO MY CUSTOMERS IN THE AN ORM-D? SINCERELY: JEFFREY M. AARON MSDS SHEETS LACQUER THINNER ENCL: RECOCHEM LETTER#