SPT Technology, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DEC 2 0 2067 1200 New Jersey Avenue, SE Washington, D.C. 20590 Ms. Mary Van Home Manager SPT Technology, Inc. 1008 North Fifth Street Minneapolis, MN 554 1 1-4302 Ref. No. 07-01 86 Dear Ms. Van Home: This responds to your letter requesting confirmation of your understanding of the requirements for consumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 7 1 - 1 80). Your questions are paraphrased and answered as follows: Q1. Our company places 4 one-gallon inner receptacles that contain "Resin Solution, 3, UN1866,III" into a strong outer packaging. The gross mass of the completed package is approximately 40 lbs. Is our package eligible for reclassification to "ORM-D" and renamed "Consumer commodity"? A1 . If your company's product meets the definition of a consumer commodity as specified in 5 1 7 1.8 and is packaged in accordance with the requirements specified in 5 173.150(b), the answer is yes. If it does not, your company's product may not be renamed and reclassed as "Consumer commodity, ORM-D." 42. Are ORM-D materials subject to the placarding requirements of the HMR? A2. No. See 5 172.500(b)(2). 43. Our company prepares "Polyester resin kits, 3, UN3269,III" for shipment. The kits contain inner receptacles of a Class 3, Packing Group 111, flammable liquid each not exceeding a net capacity of 5 liters and a Type D solid organic peroxide contained in inner receptacles each not exceeding a net capacity of 500 grams. The gross mass of the completed package does not exceed 30 kilograms. Is our package eligible for reclassification to "ORM-D and renamed "Consumer commodity"? A3. If your kit meets the definition of a consumer commodity as specified in 5 171.8 and is packaged in accordance with the requirements specified in 5 172.102(~)(1) Special Provisions 40 and 149 and 5 173.152(b), the answer is yes. If it does not, your company's product may not be renamed and reclassed as "Consumer commodity, ORM-D."#

Page 244. Our company intends to offer "Organic peroxide type D, solid, 5.2, UN3 106, II" for transportation. Is this material eligible for reclassification to "ORM-D and renamed "Consumer commodity"? A4. If your material meets the definition of a consumer commodity as specified in 8 1 7 1.8 and is packaged in accordance with the requirements specified in 8 173.1 52(b), the answer is yes. If it does not, your material may not be renamed and reclassed as "Consumer commodity, ORM-D." Q5. Are there differences in quantity allowed per inner receptacle when packaging "Organic peroxide type D, solid, 5.2, LN3 106,II" either on its own or in a polyester resin kit under the limited quantity and consumer commodity exceptions in 8 173.152? A5. No. See @ 173.152(b)(3)(i) and (b)(4)(i). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3September 2 1,2007 Depmment of Regulations relating to transportation Director of the ofice of Hazardous Standards Mr. Edward MwmJlo, I am writing this letter for correct interpretation. T would like to make swc 1 understand, md properly ship the following three commodities, as QRM-D. May L receive confirmation that I om shipping my commodities correctly as ORhf- D? 1. Reain Solution UN 1866 6, Closs 3 'w Packing p u p IIJ EMS: F-E, S-E ERS; 127 Flash point 23C I currently ship this commodity as ORM-D. Four individual gallons (I ess than 5L each jug) A M inner packing Over-packed, in a 275 burst test box, inserted into a 350 butst test box AKA outer package. The pow box weigh of this over pack outer box is upproximately 40 pounds. My understanding is that I may ship up to 66 pounds gross per box ( A M outer package) before the box will n d to be reclwif55-m-Hazardgg. Do I underatand correctly? If I pack the (forty pound outer pscbge) box on a pallet, 1 understand the packing exceptions to read that I may place up to 25 box- qualing 1000 wunds on the pallet befm it will be necessary to placa~ded and change h m ORM-D to hazardous. Is my uaderstanding correct?#

Page 4. btr-dl-2klklb 1k':bY From:SPT TECH Page 2 Septcm bcr 21,2007 Polyater Rwln Klt W3269 Class 3 Packing p u p 111 EMS: F-E, S-E ERS: 127 Flash point 23C Please confirm my understanding that I may ship this commodity aa O M - D per Special provision 172,102,40 sang: The kit, consist of two components: We hip base material of class 3 and an activator (organic peroxide) type D, sotid, Of which, the quantity may not exceed 500 g (1 pound). Subchapter 149: The maximum net for inncr pack (inner pack is container holding the base materlul, polyester resin) may be increased to SL or 1.3 galloh Packing exceptions 1.73,152: Hazardous materials may be transported as a limited quantlty. May NOT exceed 30kg (66po1mds) gross, per outer pacA Type D orpic peroxides, inner pack may not exceed 500 g (17.6402). I need confirmntion that 1: am correctly shipping this Polycstcr Resin Kit as ORM-D - ' lnaidc tho arme rtrong outer box, I pack 80 gnrn plastic bag of Organic Pcroxidc, One strong outet box containing four inner pack of base material (poberrter resin) Type D, Solid per gallon nf polyester reqin, (320 grams total). However. I may pack up to S O grams if required, y 1( 5&c#

Page 5Page 3 September 21,1007 OrganZc Peroxide type D, Solid UN3106 Class 5.2 Packing group I1 EMS: F-J, 8-R ERG: 145 Flash point N/A Please contlnn my understanding that I mav ship this commodity as ORM-D per don 173.152. Organic peroxide type D may not exceed 500 g (1 7.6402) per package. When included in a Polyester b i n kits. a) ,g,cpx,e,,,n,m,.,,gor 1.1 poun,w~ms~ppi.ng,i. self. Mary Van Horne, Manager 1008 North Fifth Street, Wnneapolis MN 554114302 USA 1': W-443-1827 - T: lbl2432-lRIIII - F: 1412 Ernr~~: W c h k WWW.rpt-(rcbensr#