{"operation":"document","citation":"04-0091","title":"Univar USA, Inc., Chemcare — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-17","effective_on":null,"summary":"04-0091 response to Univar USA, Inc., Chemcare concerning 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0091.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0091.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0091","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040091.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nNOV 17 2004\nMr. Grant Ure\nReference No. 04-0091\nUnivar USA, Inc., Chemcare\n8979 Seeger Industrial Drive\nSt. Louis, MO 63134\nDear Mr. Ure:\nThis is in response to your letter and subsequent telephone conversations with Ms. Eileen\nEdmonson of my staff and Mr. Steve Hwang of our Office of Hazardous Materials\nTechnology asking how to apply the provision under § 173.24(b)(4) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Section 173.24(b)(4) prohibits a\npackage from transportation if a hazardous material residue adheres to the outside of the\npackage. ! our questions relate to paint residues left on the outer sides of a steel drum.\nWe apologize for the delay in responding and any inconvenience this may have caused.\nYour questions are paraphrased and answered as follows:\nQ1. The painter wipes spilled paint from the top of a steel drum leaving behind a\nslightly visible amount of smeared paint. Is this package acceptable in transportation\nunder the HMR?\nAl. Yes. Based on the information you provided, it is the opinion of this office that the\ndried paint smear on the outside of the drum no longer meets the definition of a\nflammable liquid or other hazard class under the HMR. Therefore, provided the package\nconforms to all other applicable requirements under the HMR, it may be offered for\ntransportation.\nQ2. Paint drips down the front side of the steel drum and dries to a hard finish. Is this\npackage acceptable for transport under the HMR?\nA2. Yes, for the same reasons as in answer Al.\nQ3. Paint drips down the back side of the steel drum and dries to a tacky finish. Is this\npackage acceptable for transport under the HMR?\n173.24(04)\n040091\n\n<<<PAGE 2>>>\n\nA3. No. As you stated in your telephone conversation with Mr. Hwang, paint dried to a\ntacky finish may meet the definitions of a \"liquid\" as prescribed in § 171.8 and of a Class\n3 (flammable liquid) material as prescribed in § 173.120. In this case, the residue may\nnot remain on the outer side of the package during transport.\nI hope this information is helpful.\nSincerely,\nHotte a Ahea\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n04/14/04 08:15 FAX 3145221186\nUNIVAR USA CHEMCARE\n4001\nEdmonson\n5173.24(b)(4)\nUNIVAR\nResidue\nGEE\n8979 Seeger Industrial Drive\n04-0090\nSt. Louis, Missouri 63134\nFAX\nph: 314-522-6400\nfax: 314-522-1186\nDATE: 4/14/04\nTO: Edward Mazzullo\nFROM: Grant Ure\nCO: Research and Special Programs\nUNIVAR USA INC. CHEMCARE\nAdministration\nFAX #: 202-366-3012\nFAX#: 314-522-1186\nREF: Questions on regulations\nVisit us on the web at www.univarusa.com\nHello Mr. Mazzillo,\nThis fax is a request for clarification on a section of regulation 49 CFR 173.24(b)(4); \"There will be\nno hazardous material residue adhering to the outside of the pakage during transport.\"\nclean is clean?\nThe questions I have relate to the matter of residue on the outside of the package; specifically, how\nFor each of the examples below; would the drum satisfy the above section of the regulation?\nExample; A painter pours his spent paint, hazardous by flammability only, into a steel drum, some of it\ndrips on the top and down the sides.\nQuestion 1:The painter uses a rag to wipe the spilled paint from the top leaving just a hint of smeared\ncolor. Does the slight visible paint smear disqualify it or is this acceptable?\nQuestion 2: The drip on front side is left to dry to a hard finish. Is this acceptable?\nQuestion 3: The drip down the backside dries to a tacky finish. Is this acceptable?\nThank you for taking your time to provide this information. I looking forward to hearing your response.\nGath\nGrant Ure\n_ copies including cover","truncated":false,"body_characters":3825}