Chemical Solutions — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUL 28 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. 10-0151 Dear Mr. Canter: This responds to your July 15,2010 letter requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may ship a new windshield washer fluid containing methanol between 25% to 30% by volume, with propylene glycol and/or glycerine at a treat rate between 1 % and 5%, as a consumer commodity, ORM-D with six gallons per hiller packaging instead of the 1.3 gallons authorized in § 173.150. For flammable liquids in Packing Group III and combustible liquids meeting the requirements of a limited quantity and a consumer commodity, § 173.150 authorizes inner packagings not over 5.0 L (1.3 gallons) capacity each, packed in a strong outer packaging. You may not exceed the quantity limits authorized in the HMR. However, to ship larger quantities, you may apply for a special permit under subpart B ofpart 107 ofthe HMR. (See § 107.105) I hope this answers your inquiry. If you need additional assistance, please contact this office. Sin:r~~ Charles E. Betts Chief, Standards Development ffice ofHazardous Materials Standards#

Page 2BocJfhe ~/13. }50 CHEMICAL SOLUTIONS £xcep+;oYl~ 1836 PATRICIA AVENUE WILLOW GROVE, PA 19090 IO-Di5! (215) 659-8206 FAX (215) 659-4122 Email:ncanter@chemsolutions.com July 15, 2010 Mr. Edward T. Mazzullo Director, Office ofHazardous Materials Standards US DOTPHMSA Office ofHazardous Materials Standards ATTN: PHH-10 East Building 1200 New Jersey Avenue SE Washington, DC 20590-0001 Dear Mr. Mazzullo: I am writing on behalf ofmy client who is developing a new consumer, windshield washer fluid product that contains methanol at a level between 25% and 30% by volume. We are also including propylene glycol and/or glycerine at a treat rate between I % and 5%. We would like to ship this consumer product by ground within the US and claim ORM-D status. We would also like to classify the product as "Flammable Liquids, n.o.S. (methanol), UN 1993 ill and use inner packaging that is sized at 23.3 liters ( 6 gallons). We know that according to 49 CFR 173.150 inner packaging cannot be over 5.0 liters (1.3 gallons) to claim ORM-D status. We are asking for an exemption for larger packaging because we can provide additional benefits from a sustainability perspective. Due to the usage rate, ifwe can use the 6 gallon packaging, we estimate a reduction in the amount ofplastic and paper being used by 474,000 lbs and a reduction in the amount of trucking used by 59,000 truck miles. This will reduce air pollution and also lead to an estimated fuel savings of9,833 gallons.. We are requesting a letter ofinterpretation from you to indicate ifwe can use 6 gallon packaging and still claim 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.#

Page 3Sincerely, Dulth Cat, Neil M. Canter#