Univar USA, Inc., Chemcare — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration NOV 17 2004 Mr. Grant Ure Reference No. 04-0091 Univar USA, Inc., Chemcare 8979 Seeger Industrial Drive St. Louis, MO 63134 Dear Mr. Ure: This is in response to your letter and subsequent telephone conversations with Ms. Eileen Edmonson of my staff and Mr. Steve Hwang of our Office of Hazardous Materials Technology asking how to apply the provision under § 173.24(b)(4) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Section 173.24(b)(4) prohibits a package from transportation if a hazardous material residue adheres to the outside of the package. ! our questions relate to paint residues left on the outer sides of a steel drum. We apologize for the delay in responding and any inconvenience this may have caused. Your questions are paraphrased and answered as follows: Q1. The painter wipes spilled paint from the top of a steel drum leaving behind a slightly visible amount of smeared paint. Is this package acceptable in transportation under the HMR? Al. Yes. Based on the information you provided, it is the opinion of this office that the dried paint smear on the outside of the drum no longer meets the definition of a flammable liquid or other hazard class under the HMR. Therefore, provided the package conforms to all other applicable requirements under the HMR, it may be offered for transportation. Q2. Paint drips down the front side of the steel drum and dries to a hard finish. Is this package acceptable for transport under the HMR? A2. Yes, for the same reasons as in answer Al. Q3. Paint drips down the back side of the steel drum and dries to a tacky finish. Is this package acceptable for transport under the HMR? 173.24(04) 040091#

Page 2A3. No. As you stated in your telephone conversation with Mr. Hwang, paint dried to a tacky finish may meet the definitions of a "liquid" as prescribed in § 171.8 and of a Class 3 (flammable liquid) material as prescribed in § 173.120. In this case, the residue may not remain on the outer side of the package during transport. I hope this information is helpful. Sincerely, Hotte a Ahea Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 304/14/04 08:15 FAX 3145221186 UNIVAR USA CHEMCARE 4001 Edmonson 5173.24(b)(4) UNIVAR Residue GEE 8979 Seeger Industrial Drive 04-0090 St. Louis, Missouri 63134 FAX ph: 314-522-6400 fax: 314-522-1186 DATE: 4/14/04 TO: Edward Mazzullo FROM: Grant Ure CO: Research and Special Programs UNIVAR USA INC. CHEMCARE Administration FAX #: 202-366-3012 FAX#: 314-522-1186 REF: Questions on regulations Visit us on the web at www.univarusa.com Hello Mr. Mazzillo, This fax is a request for clarification on a section of regulation 49 CFR 173.24(b)(4); "There will be no hazardous material residue adhering to the outside of the pakage during transport." clean is clean? The questions I have relate to the matter of residue on the outside of the package; specifically, how For each of the examples below; would the drum satisfy the above section of the regulation? Example; A painter pours his spent paint, hazardous by flammability only, into a steel drum, some of it drips on the top and down the sides. Question 1:The painter uses a rag to wipe the spilled paint from the top leaving just a hint of smeared color. Does the slight visible paint smear disqualify it or is this acceptable? Question 2: The drip on front side is left to dry to a hard finish. Is this acceptable? Question 3: The drip down the backside dries to a tacky finish. Is this acceptable? Thank you for taking your time to provide this information. I looking forward to hearing your response. Gath Grant Ure _ copies including cover#