Valspar — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration ocr 26 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Eric Barcaskey Manager, Hazmat Transportation Safety Val spar P.O. Box 1461 Minneapolis, MN 55440 Reference No. 09-0093 Dear Mr. Barcaskey: This is in response to your letter requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to combustible liquids. Specifically, you ask how to properly describe "UN 1263, Paint, 3 (flammable liquid), PO III" with a flash point of49°C (120 OF) when it is has been reclassed as a combustible liquid and placed in either a non-bulk or bulk packaging. We apologize for the delay in responding to your letter and any inconvenience this may have caused. Q1. Maya paint product with a flash point of 120 OF in a bulk packaging be described as "UN 1263, Paint, Combustible liquid, PO III"? A1. Yes, provided the paint does not meet the definition of any another hazard class. According to the provisions of49 CFR 172.101(d) (4), Class 3 entries in the Hazardous Materials Table are modified to read "Combustible liquid" when that material is reclassified in accordance with § 173.150(e) or (f) or has a flash point above point above 60°C (140 OF) but below 93 °C (200 OF). Section 173 . 150(f)( 1) permits a flammable liquid with a flash point at or above 38°C (100 OF) that does not meet the definition of any other hazard class to be reclassed as a combustible liquid in domestic transportation. (See also § 173.120(b)(2).) Please note, this provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. Combustible liquids in bulk packagings, and combustible liquids that are hazardous substances, hazardous wastes, or marine pollutants must also comply with requirements for hazard communication, incident reporting, packaging, training, and emergency response information. (See § 173.150(f)(3).) Q2. Maya paint product in a non-bulk packaging with a flash point of 120 OF that contains a hazardous substance in an amount that exceeds its reportable quantity be described as "UN 1263, Paint, Combustible liquid, PO III, RQ (with the name of the hazardous substance(s) in parentheses)"? A2. Yes. As specified in § 172.203(c)(l), ifthe proper shipping name for a material that is a hazardous substance does not identify the hazardous substance by name, the name of the hazardous substance must be entered in parentheses in association with the basic description.#

Page 2This may be accomplished by placing the name ofthe hazardous substance either immediately following the proper shipping name or the basic description. Ifa material contains two or more hazardous substances, at least two hazardous substances, including the two with the lowest reportable quantities (RQs), must be identified. Further, § 172.203( c )(2) requires a hazardous material that meets the definition of a hazardous substance, defined in § 171.8, to have the letters !IRQ" appear before or after the basic shipping description on a shipping paper to denote the package contains a reportable quantity ofthis material. Q3. Is the package containing the combustible liquid paint product described in Question Q2 permitted, required, or forbidden to be labeled with a FLAMMABLE LIQUID label conforming to § 172.419? Can this label be used without the "FLAMMABLE LIQUID" text? A3. Liquid paint with a flash point of60 °C (140 OF) or less that is described as a Class 3 flammable liquid must be labeled with a FLAMMABLE LIQUID label conforming to § 172.419. Liquid paint with a flash point at or above 38°C (100 OF) but not exceeding 60°C (140 OF), such as the paint you described with a flash point of 120 OF, that does not meet the definition of any other hazard class and is reclassed as a combustible liquid must not be labeled with a FLAMMABLE LIQUID label, regardless of whether or not text indicating the hazard class is included on the label (see § 173. 120(b)(2)). For your information, the HMR do not require text indicating the FLAMMABLE LIQUID hazard class on a primary or subsidiary label (see § 172.405(a)). Although the HMR do not prescribe a label for the combustible liquid hazard class, they do prescribe a placard for COMBUSTIBLE LIQUID (see the § 172.400(b) table and § 172.544), and permit a FLAMMABLE LIQUID placard to be used in place ofa COMBUSTIBLE LIQUID placard on a bulk package that contains a combustible liquid (see § 172.504(f)(2)). On April 5, 20 I 0, PHMSA published an advance notice ofproposed rulemaking (ANPRM; Docket No. PHMSA-2009-0241 (HM-242) copy enclosed), titled "Hazardous Materials Regulations: Combustible Liquids," in the Federal Register [75 FR 17111J soliciting comments on ways to revise, clarify, or relax certain regulatory requirements for combustible liquids. Although the comment period closed on July 6, 2010, we encourage you to submit your comments on this matter. To view the rulemaking electronically, please visit the website "www.regulations.gov," and search using the last four digits of the rulemaking's docket number, "0241," and further refine your search results with this agency's acronym "PHMSA." I hope this satisfies your request. Sincerely, r-/~~~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure 2#

Page 3valspar PO Box 1461 Minneapolis. MN 55440 ~dnlonsaY'\ S "3. 150(-\) -311~. (01 ~;y:>pfnj Ncune 09- OoCJ3 April 9, 2009 US DOT PHMSA Office of Hazardous Materials Standards, PHH-10 1200 New Jersey Avenue, SE Washington, D.C. 20590 Re: Combustible liquid applicability Dear Mr. Mazzullo, 49CFR §173.120(b) (2) permits an otherwise flammable liquid to be " ...reclassed as a combustible liquid." with further criteria referenced both in this subparagraph, and in §173.150(f). Please advise whether the following are correct applications, with corrections as appropriate: 1) A paint product in bulk packaging with flashpoint of 120°F; UN1263, Paint, Class Combustible liquid, PG III 2) A paint product in non-bulk packaging with flashpoint of 120°F, and containing a hazardous substance above its reportable quantity; UN1263 , Paint, Class Combustible liquid, PG III RQ (Listed hazardous substance) 3) Whether use of a Flammable Liquid label (§172.419, with or without text) is permissible, required or forbidden in instance 2) above. We have experienced recent carrier and state enforcement questions on the above and assure your office that a written interpretation is of great interes~ Thank you in advance for your reply. Sincerely, ~~~~ Manager, Hazmat Transport Safety Phone (612) 851-7930 ebarcaskey@valspar.com If it matters, we're on it:"#