Chemical Solutions — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JAN 1 5 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Neil M. Canter Chemical Solutions 1836 Patricia Avenue Willow Grove, P A 19090 Ref. No. 09-0298 . Dear Mr. Canter: This responds to your December 3,2009 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may ship your windshield washer fluid as a Consumer Commodity, ORM-D material, as authorized under § 173.l50. According to your letter, your product contains between 30-100% of methanol and 1-5% of propylene glycol. The material meets the definition for a Class 3 material and is most appropriately described as "Flammable liquid, n.o.s. (methanol), UN 1993, III." For purposes of the HMR, a "consumer commodity" is defined as a material that is packaged and distributed in a form intended or suitable for resale through retail sales agencies for individual personal care or household use. If your product is packaged and suitable for retail sale and conforms with the limited quantity provisions in §173.150, you may rename your product "Consumer Commodity" and re-class the product as an ORM-D material. I hope this answers your inquiry. If you need further assistance, please contact this Office at 202-366-8553. Sincerely, .~~~ Charles E. Betts hief, Standards Development Office ofHazardous Materials Standards#

Page 2l)oo~e. CHEMICAL SOLUTIONS ~ 113. Isq 1836 PATRICIA AVENUE WILLOW GROVE, PA 19090 £ K-cep41oYl S (215) 659-8206 CJ't- oz.q8 FAX (215) 659-4122 Email:ncanter@chemsolutions.com December 3,2009 Mr. Edward T. Mazzullo Director, Office ofHazardous Materials Standards US DOTPHMSA Office ofHazardous Materials Standards ATTN: PHH-lO East Building 1200 New Jersey Avenue SE Washlngton, DC 20590-0001 Dear Mr. Mazzullo: I am writing on behalfof my client who is developing a new consumer, windshield washer fluid product that contains methanol at a level between 30% and 100%. Weare also including propylene glycol at a treat rate between 1 % and 5%. We would like to ship this consumer product by ground with the US and claim ORM-D status. We would also like to classify the product as "Flammable Liquids, n.o.s. (methanol), UN 1993 ITI and use inner packaging not over 5.0 liters (1.3 gallons) as indicated in 49 CFR 173.150. We are requesting a letter ofinterpretation to verify that ifwe follow these guidelines, then we can ship our consumer windshield washer fluid as a Consumer Commodity utilizing ORM-D status. Ifyou have any questions, please do not hesitate to contact me at (215) 659-8206. Thank you for your prompt attention to this matter. Sincerely, ~G.A Neil M. Canter NMC:jl#