Sherwin Williams Environmental, Health, & Regulatory Services — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety AUG - 9 2005 Ms. Sandra Basham Ref No.: 04-0058 Director of Transportation Corporate Regulatory Affairs Sherwin Williams Environmental, Health, & Regulatory Services 101 West Prospect Avenue Cleveland, OH 44115-1075 Dear Ms. Bashman: This is in response to your letter dated March 10, 2004 and subsequent telephone name for your paint removal product under the under Hazardous Materials Regulations conversation with a member of my staff regarding the determination of a proper shipping (HMR; 49 CFR Parts 171-180). According to your letter and telephone conversation, your product is a mixture composed of 85% Methylene Chloride (Dichloromethane), 10% methanol, ammonium hydroxide solution, and other non-hazardous materials. In addition, you indicate that the material exhibits hazards of Class 3 Packing Group II, Class 8 Packing Group II, and Division 6.1, Packing Group III. Specifically, you ask whether it is more appropriate to describe your product as "Paint related material, 8, UN 3066, PG II," or "Corrosive liquid, toxic, n.o.s., 8, UN 2922, PG II." In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the Hazardous Material Table (HMT; § 172.101). Section 172.101(c)(12)(iii) states that if a material meets the definition of more than one hazard class and is not specifically identified by name in the HMT, then the hazard class of the material must be determined using the precedence criteria specified in § 173.2a. To properly class a mixture containing hazardous exhibit the hazards of one or all of its components. According to the information you provided about this material, Class 3, Packing Group II, takes precedence, followed by Class 8, Packing Group II, then Division 6.1, Packing 172.101 173. 2a 050058#

Page 2Group III. Therefore, an appropriate shipping description is "Flammable liquid, toxic, corrosive, n.o.s., 3 (8, 6.1), UN 3286, PG II." The descriptions "Paint related material, 8, UN 3066, PG II," and "Corrosive liquid, toxic, n.o.s., 8, UN 2922, PG II" do not accurately identify the hazards of the material. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Office of Hazardous Materials Standards#

Page 3webb 8172101 3.113: 4a Environmental al, Health, m Name Regulatory Services 040058 THE SHERWIN-WILLIAMS COMPANY 101 WEST PROSPECT AVENUE CLEVELAND, OH 44115-1075 VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED 1002 2030 CC03/SVC 6420 March 10, 2004 Mr. Edward T. Mazzullo Director of Office of Hazardous Materials Standards 400 7' Street SW USDOT/RSPA (DHM-10) Washington, DC 20590-001 Dear Mr. Mazzullo: Our company transports and sells a paint removal product that is purchased from another manufacturer. This product contains 85% Methylene Chloride (Dichloromethane), 10% methanol, ammonium hydroxide solution and other materials that are not considered hazardous. The supplier has had the mixture tested for skin corrosivity and testing results indicate it to be a Class 8, PG Il hazardous material. Based on these test results, the supplier ships this product to us as "PAINT RELATED MATERIAL, 8, (a class 6.1, PG III hazardous material per the HMT), Sherwin-Williams feels that this shipping UN3066, PG If". However, because the product contains such a large percentage of Methylene Chloride description does not represent the dual hazard posed by this product. It is Sherwin-Williams' understanding that under 49 CFR 172.101(c)(12)(i), (ii) and (iii) and 173.2a, this mixture containing two hazards should be shipped as "CORROSIVE LIQUID, TOXIC, N.O.S., 8, UN2922, PG II". for this product? Since we must routinely re-ship this product throughout our Can you please provide a written opinion regarding which shipping description is correct organization and to our customers, we are very concerned about perpetuating this erroneous shipping description. Thank you for your prompt assistance with this matter J/2/05 ("2:15p) Sincerely, THE SHERWIN-WILLIAMS COMPANY Bill Hammock Mps., Regulatory Offairs Sandra L. Basham 216-566-2632 Director of Transportation Corporate Regulatory Affairs called sna. He discuisit. Hendral Eachan/ Rapis the product, it. 216-566-1664 444 - ?/#