Curran International — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Chris Gomez Curran International 3610 Vicksburg Lane Dickinson, Texas 77539 Ref. No. 12-0152 Dear Mr. Gomez: This responds to your July 10, 2012letter requesting clarification of the packaging provisions for "UN 3066, Paint Related Material, 8, III" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you describe a shipment of "UN 3066, Paint Related Material, 8, III" composed of a hardener and a base and ask if these two packaging configurations comply with the HMR. In your incoming letter, you describe the following two packaging configurations: Packaging Configuration 1: The hardener comes in a one quarter kit, is locked with three lid locks, positioned inside a clear plastic bag, inserted in a Uline S-7449 box designed to contain one quart round openhead metal can with friction lids and armlok closures. This box is then sealed with clear packing tape 3M tape. The base comes in a three quarter kit non-hazardous material, is inserted in a clear plastic bag. Packaging Configuration 2: Two hardeners and two bases are placed in the 4 gallon fiberS- 7372 box. The void space is filled with bubble wrap, which is wrapped all around top and bottom of the hardener and the base edges. The fiber box is then closed and sealed with a clear packing tape 3M tape. The gross mass of the package does not exceed that originally tested. In accordance with § 173.173, "UN 3066, Paint Related Material, 8, III" may be packaged in authorized packages listed in§ 173.203. In addition, "UN 3066, Paint Related Material, 8, III" may be packaged in inner glass packaging of not over 1 L (0.3 gallons) capacity each or inner metal packaging of not over 5 L (1 gallon) each, packaged in a strong outer packaging. These packages must conform to the packaging requirements of subpart B of this part but need not conform to the requirements of part 178 of this subchapter. A member of our staff has contacted you both by telephone and by email requesting clarification and additional information regarding your packaging configurations. We have not received a response to our request for clarification and additional information. Based on#

Page 2your letter and description of the packaging configurations, insufficient information has been provided, so we cannot formulate an opinion. Specifically, no drawings or diagrams have been submitted and the descriptions of your packaging configurations are unclear. I hope this answers your inquiry.· If you need additional assistance, please contact this office at (202) 366-8553. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3~cd-h~ ~173./13 {? 1'12-. !Of PCl\ n+ RetA-+-eJ ~a tert'afts Applying coating solutions 10 July, 2012 F ormalletter of interpretation Curran International has a unique way of packing its hazardous material un 3066 Paint Related Material. Using two types of boxes provided by ULINE, as follow: The hardener comes in a 1 quarter Kit , is locked with three lids locks, position inside of a clear plastic bag, inserted in a Uline box S-7449 special designed for one quart round openhead metal can with friction lids and armlok closures and sealed with clear packing tape 3M Tape. The base comes in a three quarter Kit non Hazardous Material, is inserted in a clear plastic bag. Two Hardeners and two Bases are place in the (4) 1 gallon Fiber box S-7372; Filling the void is the bubble wrap, that is wrapped al around top and bottom of the hardener and the base edges, then closing the arms and tops of the Fiber box, sealing it with a clear packing tape 3M Tape. The gross mass of the package does not exceed that originally tested. Attached to the letter is the certification for the Fiber boxes S-7449 -S-7372 and the MSDS for the plastic bag, use by Curran International for the packaging of Hazardous Material un 3066. Thank you for your interpretation. Chris Gomez PH: 281-339-9993 FAX: 281-229-9994 cgomez@curranintl.com www.curanintl.com 4610 Vicksburg Lane • Dickinson, Tx 77539 • Phone: 281 339 9993 • Fax 281 339 9994 www.Curranintl.com#

Page 4ULINE'·· 2200 S. lakeside Drive Waukegan, ll 60085 PHONE (800)295-5510 FAX (800)295-5571 www.uline.com Product: Gusseted Poly Bags To Whom It May Concern: In response to your request for a Material Safety Data Sheet (MSDS) please be advised that this product is not regulated under, and a MSDS is not required for this product by the OSHA Hazard Communication Standard (29 CFR 1910.1200) because, when used as recommended or under ordinary conditions, it should not present a health and safety hazard. However, use or processing of the product not in accordance with the product's recommendations or not under ordinary conditions may affect the performance of the product and may present potential health and safety hazards.#

Page 5ULINE"' 12575 Uline Drive Pleasant Prairie, WI 53158 PHONE (800)295-551 0 FAX (800)295-5571 www.uline.com Product: All 3M Tape To Whom It May Concern: In response to your request for a Material Safety Data Sheet (MSDS) please be informed that an MSDS is not required, by law, for this product, pursuant to Occupational Health and Safety Administration regulations. Specifically, section 29 CFR 1910.1200 (b) (6) (iv) indicates that "articles" are not applicable to the Hazard Communication section (1910.1200) of the OSHA regulation. OSHA's Definition Of An "Article" (From 29 CFR 1910.1200) " .. .'Article' means a manufactured item: (i) which is formed to a specific shape or design during manufacture; (ii) which has an end use function(s} dependent in whole or in part upon its shape or design during end use; and (iii) which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use." This product, when used as recommended or under any ordinary conditions, should not present a health and safety hazard. However, use or processing of this product not in accordance with the product's recommendations or not under ordinary conditions may affect the performance of the product and may present potential health and safety hazards.#