Colorcon No Tox Products — Hazardous Materials Safety Interpretation

Page 1U.S. Department ::00 New Jersey Avenue, ~E of Transportation Nnshington, DC. 20590 ?ipeline and Hazardous :'IJ1aterials Safety :\dministration ;iAR 3 0 2012 Mr. Tim Jamison Logistics Manager Colorcon No Tox Products 171 New Britain Blvd. Chalfont, P A 18914 Ref. No. 12-0029 Dear Mr. Jamison: This responds to your January 23, 2012, request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), According to your letter your product contains 24% or less alcohol by volume and contains no less than 50% water, as well as less than 3% of ammonium hydroxide solution as a PH balancer. You ask whether your product meets the provisions of the § 173 .150( e) exception for aqueous solutions. The answer is no. It is the opinion of this office that the product you describe does not qualify for the § 173 .150( e) exception for aqueous solutions because it contains other hazardous material, i.e. ammonium hydroxide. The aqueous solution may not contain any other hazardous material as defined in § 171.8. Section 173 .150( e) authorizes an aqueous solution containing 24% or less alcohol by volume and no other hazardous material to be either reclassed as a combustible liquid or excepted from regulation under the HMR if it contains 50% or more water. I hope this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553. Sincerely, ..,~~ ~ __ . 7 lr" __ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2CoIo(con 9173. 150 Lt:;) ~~ Ex cephons January 23,2012 ,%.-(X)2~ U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-I0 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 To whom it may concern, I am requesting a written formal interpretation for 49FCR § 173 .150( e) Aqueous solutions ofalcohol. My company would like to utilize this exception for shipping a product that we think qualifies under the parameters set forth by said exception. Our product contains less than 24% alcohol, and has more than 50% water. The need for the interpretation comes into play due to the fact that the product also contains a small amount « 3%) of ammonium hydroxide solution as a PH balancer. The finished product has a flash point of 11°C but does not possess any of the characteristics or attributes of the ammonium hydroxide ingredient (Class 8 corrosive liquid). I recognize that the exception in question, in addition to the alcohol and water volume designations, states "and no other hazardous material" as part of the overall qualifYing stipulati~:m. My question is regarding that segment of wording "no other hazardous material". Is this to be taken in a literal absolute sense of constituent ingredients or does it apply to the profile ofthe finished product? I have reviewed several previous interpretations on this subject and see that some former interpretations have unfavorably referenced the definition of"hazardous material" as defined in 49CFR § 1 71.8. The position on one of those interpretations (ie ..Ref. No. 03-0022), refers the applicant to the §171.8 definition ofhazardous material. No-Tox® Products Division, 171 New Britain Boulevard, Chalfont, Pennsylvania 18914 P 267-695-7700 F 267-695-7799 www.colorcon.com#

Page 3CoIo(con I too would reference § 171.8 and ask one during consideration of this request to review the established definition. It clearly states"...when transported in commerce". By asserting the fact that the material must be transported in commerce, does that not in fact mean that one must be referencing the actual finished goods that will be introduced onto our roads? If this is the intent and/or spirit ofthe regulation exception, than wouldn't our product qualify? Additionally, the regulations state in many places that a material listed by name in the HMT that does not have the properties ofthe hazard classes or divisions as shown in the table are not regulated under this subchapter (unless of course there is a "+" in column one (1) ofthe HMT or applicable Special Provisions for the material in question. For this finished product, there are no such applicable provisions therefore, even though we have another material in the formula that is listed in the HMT, under this situation it does not meet the hazardous properties ofthat listed material and should not be regulated as a hazardous materiaL Ultimately, the product that we would be introducing into the cycle oftransportation meets the definition of a Class 3 Flammable Liquid. It demonstrates no other properties indicative of any other hazards or hazard classes. Being as its constituent ingredients meet the volumetric parameters set forth in § 173 .150( e), I challenge the competent authority to provide an interpretation specific to this inquiry. Tim Jamison Logistics Manager Colorcon No Tox Products 171 New Britain Blvd. Chalfont, P A 18914 267-695-7718 No-Tox® Products Division, 171 New Britain Boulevard, Chalfont, Pennsylvania 18914 P 267-695-7700 F 267-695-7799 www.colorcon.com#