Varn International — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administration Special Programs DEC 22 2003 Ms. Lee Tipton Varn International Ref. No. 03-0189 14000 Westfair East Drive Houston, TX 77041 Dear Ms. Tipton: This is in response to your request for clarification of your understanding of the requirements under the Hazardous Materials hazardous materials. Regulations (HMR; 49 CFR Parts 171-180) regarding mixtures of related questions: 1) Does a mixture of three hazardous Specifically, you ask the following two of the constituents to be listed in parentheses following the constituents (toluene, isopropanol and hexane) require at least hexane)"; and 2) Does a product containing one hazardous proper shipping name ("Flammable liquid, n.o.s.(toluene, with a non-hazardous material require only the hazardous component (listed in the Hazardous Materials Table (HMT)) mixed must the non-hazardous material also be listed? component in parentheses following the proper shipping name, or You are correct that for mixtures and solutions containing more than one hazardous technical names of at least two components most predominately material, § 172.203 (k) (1) requires the contributing to the hazards of the mixture or solution to be listed when the material is described by a proper shipping name identified by the letter "G" in Column (1) of the HMT. Therefore, if toluene and hexane are the two components that most predominately contribute to the hazard of your mixture, the proper shipping name "Flammable liquid, 1.o.s. (toluene, hexane)" is correct. For mixtures and solutions containing one hazardous component hazardous materials, the product must be described using the that is listed in the HMT by technical name and one or more non- qualifying word proper shipping name of the hazardous component with the "mixture" OI "solution, " unless one of the 172.10/ 030189 FOCACAN#

Page 2conditions in s/172:101 (c) (10) (i) is met. conditions in paragraph (c) (10) (i) is met, the most appropriate when one of the hazardous component is required in parentheses following the generic or n.o.s. proper shipping name may be used and only the stated in your letter. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Hotte z mtahed Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards#

Page 3JUL-30-2003 10:07 P.01/01 MCInture VARN, A SUBSIDIARY OF DAY INTL. INC. 5112.101 HOUSTON, TX 77041 14000 WESTFAIR EAST DR. PN: 281-469-6200 X246 FAX: 281-955-9925 Proper Shipping Name DATE: July 30, 2003 2 PAGE(S) BY FAX 03-0189 TO: DOT - ATTN: EDWARD MAZZOULLO, DIRECTOR OFFICE OF HAZARDOUS MATERIALS US DOT/RSPA WASHINGTON, DC FROM: Lee Tipton Lee_Tipton@day-inti.com Good Day, We are having an interpretation dispute in our offices. We need your help in resolving the matter. It relates to the following 49 CFR sections: "A mixture or solution not identified in the Table. specifically by name, comprised of two or more hezardous Re: 172.101 (F) iii ingredients in the same hazard class, shall be described using an appropriate shipping description (e.g. alcohol not listed by it's technical name in the Tabie shall be described as Aicohol, NOS rather than Flammable Liquid, NOS). The name that most appropriately describes the material shall be used, e.g. an Flammable Liquid, NOS. Some mixtures may be more appropriately described according to their provisions of suparts C and D of this part, the technical names of at least two components most application such as "coating solution" or "Extracts flavoring liquid" rather than by an nos entry. Under the the proper shipping name." predominately contributing to the hazards of the mixture or solution may be required in association with 172.203(1). Another place where this same regulation can be found, but in association with shipping papers, is "If a hazardous material is a mixture or solution of two or more hazardous materials, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution must As well, an example is given in 172.202 (d) "Flammable Liquid, nos (Xylane, Benzene)" be entered on the shipping paper as required by paragraph (k) of this section." We have a product, Plate Wash R-7, containing 3 hazardous materials (3 ingredients that are all listed on the Table, l.e. Toluene, Isopropanol and Hexane). My interpretation of the above sections is that at least 2 of those ingredients must be listed In parentheses after the nos notation. I.E. 3, UN1993, PGII Flammable Liquid, nos (toluene, hexane) descriptions in our computer system and we want to be in letter-perfect compllance with all DOT I need a letter of confirmation to support my position as we are currently upgrading our bill of lading regulations. Thank you so much for your time and assistance. Sincerely Lee Tipton, Varn Intention asiatice Coordinator TOTAL P. 01#