HS&E Coordinator — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration Peter Leus HS&E Coordinator OCT 2 1 2015 Rockline Industries 1113 Maryland Ave. Sheboygan, WI 53081 Ref. No.: 15-0151 Dear Mr. Leus: This is a response to your July 20, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an aqueous solution of alcohol. In your letter, you state that you have an aqueous solution which consists of four individual components other than water: Component CAS Number Isopropyl Alcohol Wt (%) Alkyl Dimethyl Benzyl Ammonium Chloride 67-63-0 Alkyl Dimethyl Ethyl Benzyl Ammonium Chloride 68391-01-5 21.0% .154 % Ethylene Glycol Monobutyl Ether 68956-79-6 111-76-2 .154% de minimis Specifically, you ask whether Germicidal Solution® is eligible for the aqueous solutions of alcohol exception provided in § 173.150(e)(2) of the HMR in that the material is not subject to the requirements of the subchapter if it contains no less than 50 percent water. The exception for aqueous solutions of alcohol, as provided in § 173.150(e) of the HMR, is not applicable when another hazardous material is added to the solution. The term "hazardous material" is defined in § 171.8 as follows: "a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter." This Office does not determine if components of a solution are hazardous. Under § 173.22 of the HMR, this responsibility is placed on the shipper. If a component (i.e., Alkyl Dimethyl Benzyl Ammonium Chloride, Alkyl Dimethyl Ethyl Benzyl Ammonium Chloride, or Ethylene Glycol Monobutyl Ether) is a hazardous material under the HMR, the exception in § 173.150(e) does not apply. However, if you can establish that the other components 1#

Page 2the exception in § 173.150(e). used in your solution do not meet the definition of a hazardous material, then it is eligible for I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Sincerely, THen Footer T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3Michels 173.150 Goodall, Shante CTR (PHMSA) Exceptions for Class From: Geller, Shelby CTR (PHMSA) 15 - 0151 Sent: To: Tuesday, July 21, 2015 3:01 PM Hazmat Interps Subject: FW: Interpretation Request Attachments: DOT Interpretation Request - Germicidal Solution.pdf; Weiman Germicidal Solution SDS.PDF; Regulations 173.150 and 173.132.pdf Dear Shante and Alice, Please see the request for a formal letter of interpretation. Thanks, Shelby From: Peter Leus [mailto:PALeus@ROCKLINEIND.com] To: PHMSA HM InfoCenter Sent: Monday, July 20, 2015 9:19 PM Subject: Interpretation Request Please refer to the attachments. Thank you for your assistance. Peter Leus HS&E Coordinator Rockline Industries 1113 Maryland Ave. Sheboygan, WI 53081 Cell: 920-334-0146 This email message and any files transmitted with it are intended for the addressee only and may contain information that is confidential. Unauthorized use is strictly prohibited and may be unlawful. delivery to the addressee. If you have received this email in error, please notify the sender and delete this email. General Statement: If you are not the addressee, you should not read, copy, disclose or otherwise use this message except for the purpose of Viruses: This email message has been scanned for viruses by Mimecast. Please consider the environment - do you really need to print this email? 1#

Page 4ROCHLINE INDUSTRIES U.S. DOT July 20, 2015 PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Rockline is requesting an interpretation regarding the DOT classification of alcohol water solutions. It is our understanding that 49 CFR §173.150(e)(2) excepts solutions of less than 24% alcohol and more than 50% water from DOT requirements if there are no other hazardous materials in the solution. For your consideration an SDS for a "Germicidal Solution" is attached. Also attached are the relevant regulations regarding this product. This aqueous solution with greater than 50% water contains Isopropyl Alcohol (CAS 67-63-0) at 21.0% which is less than the 24% threshold in §173.150(e). It has a flash point of 86 F. The other ingredients are: • Alkyl Dimethyl Benzyl Ammonium Chloride (68391-01-5) at 0.154%, • Alkyl Dimethyl Ethyl Benzyl Ammonium Chloride (68956-79-6) at 0.154%, and • Ethylene Glycol Monobutyl Ether (111-76-2) which is below deminimus concentration. Because each of the individual materials could be considered toxic by either inhalation, oral, or dermal exposures Rockline is considering conducting review and if necessary testing outlined in 49 CFR §173.132(c)(1) - (c)(4) to demonstrate that the mixed solution does not meet the toxicity criteria defined in §173.132(a)and (b). This may include literature review and documentation of inhalation toxicity, calculation of toxicity as outlined in §173.132(c)(3). dermal and oral toxicity testing, and if adequate data is readily available for individual components, This inquiry wishes confirmation that if our review and testing show toxicity below the levels stated in §173.132(a)and (b) that we would we be able to claim the §173.150(e)(2) exception and not have to placard semi trailers or otherwise label the containers? Sincerely, Please contact me for any additional information that you may require. Peter Leus HS&E Coordinator Rockline Industries 1113 Maryland Ave. Sheboygan, WI 53081 Cell: 920-334-0146#

Page 5REGULATIONS §173.150 other annoyanca or discomfort to a flight crew member ao as similar property which could cause extreme packagings, (1.3 gallons) net capacity sach, packed in strong outer to prevent the correct performance of assigned duties; that has a subsidiary hazard of Division 6.1, Packing (c) Consumer commodities. Except for a matarial of this subchapter for an elevated temperature mata- (b) Any material that meets the definition in $171.8 Group II, a limited quantity which conforms to the pro- marine pollutant. rial, a hazardous substance, a hazardous waste, or a visions of paragraph (b) of this section and is a "con- subchapter, commodity" and reclassed as ORM-D material. In addition to the may be renamed "Consumer commodity" $179.141 Class 9-Assigument of packing The packing group of a Claas 9 material is as indi- group. exceptions provided by paragraph (b) of this section, shipping paper raquirements of subpart C of part 172 shipments of ORM-D materials are not subject to the cated in Column 5 of the §172.101 Table. nition of a hazardous substance, hazardous of this subchapter, unless the material meets the defi- $178.144 Other Regulated Materials (ORM)- Detinitions. marine pollutant, or are offered for transportation and rial means a material such as a consumer commodity. For the purpose of this subchapter, ORM-D mate- tions provided in §178.166. transported by aircraft, and are eligible for the excep- which, although otherwise subject to the regulations of and distilled spirits as defined in 27 CFR 4.10 and (d) Alcoholic beverages. An alcoholic beverage (wine transportation due to its form, quantity and packaging. this subchapter presents a limited hazard during 5.11) i not subject to the requirements of this subchap- It must be a material for which excaptions are provided gory of ORM-D matarial ie listed in the §172.101 Table. in the §172.101 Table. Each ORM-D material and cats- (1) Contains 24 percent or less alcohol by volume; leas, and for transportation on passengar-carrying air- (2) Is in an inner packaging of 5 L (1.3 gallons) or $178,145 Other signment of packing group. Regulated Materials Ag- checked or carry-on baggage; or craft conforms to §175.10(a)17) of this subchapter as ale. Packing groups are not assigned to ORM-Dmateri- packaging of 260 L (66 gellons) or less, unless trans- (9) Is a Packing Group II alcoholic beverage is a $178.150 Exceptions for Class 3 (flammable containing 24 percent or less alcohol by volume and no (B) Aqueous solutions of alcohoL An aqueous solution (a) General. Exceptions for hazardous materials and combustible liquids). other basardane material,- shipments in the following paragraphs are permittad (2) Is not subiest to the requirements of this sub- (1) May be reclassed as a combustible liquid. CLASSIFICATON & EXCEPTIONG ous material in the §172.101 Table of this subchapter: only if this section is referenced for the specific hazard- chapter if it contains no less than 50 percent water. ble liquids (Class 3) and combustible liquida (b) Limited quantities Limited quantities of flamma- a flash point at or above 38°C (100°F) that does not (E) Combustible liquida (1) A flammable liquid with transportation or transported by aircraft, and the apec- excepted from labeling requirements, unless offered for meet the definition of any other hazard class, may be reclassed as a combustible liquid. This provision does when packaged in combination packagings according to ifcation packaging requirementa of this subchapter not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. this paragraph. For transportation by aircraft, to a matarial classed as a combuetible liquid in a non- (2) The requirements in this subchaptar do not apply ments of §179.27 of this subchapter and only hazardous package must also comply with the applicable require- bulk packeging unless the combustible liquid is a haz- materials authorized aboard passenger-carrying air- ardous substance, a hazardous waste, or a marine pol- cion, shipments of limited quantities are not ambient to craft may be transported as a limited quantity. In addi- or a combustible liquid that is a hazardous substance a (3) A combustible liquid that is in a bulk packaging subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging require- hazardous waste, or a marine pollutant is not subiect to kg (66 pounds) gross weight. The following combination ments of subpart B of this part and may nơt axceed 80 the requirements of this subchapter except those per- packagings are authorized: hazardous waste manifegig: (i) Shipping papers, waybills, switching orders, and packagings not over 0.5 I (0.1 gallon) net capacity (1) For flammable liquids in Packing Group I, inner (it) Display of identification numbers on bulk pack- (il) Marking of packages: each, packed in strong outer packagings; packagings not over 1.0 L (0.3 gallons) net capacity (2) For flammable liquids in Packing Group IT, inner ments of subpart F of part 172 of this subchapter; (iv) For bulk packagings only, placarding require- Division 6.1, Packing Group II, in which case the inner each, unless the material has a subsidiary hazard of ing requirementa for transport by vessel, sac §176.340 (v) Carriage aboard aircraft and vessels (for packag- capacity each, packed in a strong outer packaging. packagings may not exceed 100 ml (3.38 ouaces) net of this subchapter); combustible liquids, inner packagings not over 5.0 L (8) For tammable liquids in Packing Group IT and and 171.16 of thia subchapter: (vi) Reporting incidents as prescribed by 88171.16 (vil) Packaging requirements of subpart B of this -253-#

Page 6REGULATIONS §173.132 including assigment of a generic type and shipping before being offered for transportation or transported, approved, in writing, by the Associate Administrator (d) Approvals. (1) An organic parowide must be tact for 24 hours with the shaved intact skin avoiding daya in balf of the animals tested. The number of ani- abrading) of an albino rabbit, causes death within 14 description, except for- results and be in conformity with good pharmacological mals tested must ba sufficient to give statistically valid cal name in the Organic Peroxides Table in §173.225(c); (i) Am organic perocide which is identified by techni- practices. The result is expressed in mg/kg body maas. ing to §178.225(b); or (in A mixture of organic peroxides prepared accord. concentration of vapor, mist, or dust which, adminis- (8) LOgo for acute toricity on inhalation means that sample under the provisions of §179.225(b). (iii) An organic peroxide which may be shipped as a male and female young adult albino rats, causes death tered by continuous inhalation for one hour to both all relevant data concerning physical state, tempera- (2) A person applying for an approval must submit material is administered to the animale as a dust or within 14 days in half of the animals tested. If the for the organic peroxide by the competent authority of ture controls, and tests results or an approval issued mist, more than 90 percent of the particles available for a foreign government. inhalation in the test must have a diameter of 10 concentrations could be encountered by a human dur- microns or less if it is reasonably foreseeable that auch (e) Testa. The generic type for an organic peroide Figure 20.1(a) (Classification and Flow Chart Scheme using the testing protocol from trusts and me in mam i (parts per million) ing transport. The result is expressed in mg/l of air for and Criteria (TBR, see §171.7 of this subchapter). for Organic Peroxides) from the UN Manual of Tests for vapors. See $173.133(b) for LOso determination for mixtures and for limit tests. $173.129 Class 5, Division 5.2-Assignment of use of the ICgo for acute toxicity on inhalation of dusts (i) When provisions of this subchapter require the packing group. is not available, the ICso for acute toxicity on inhala- and mists based on a one-hour exposure and such data Group II in Column 5 of the §172.101 Table. All Division 5.2 materials are assigned to Packing by four and the product substituted for the one-hour ton based on a four-hour exposure may be mulaplied $178.182 Class 6, Division 6.1--Definitions. LOgo for acute toxicity on inhalation. material (Division 6,1) means a material, other tban (a) For the purpose of this subchapter, poisonous i use of the LOgo for acute toxicity on inhalation of (il) When the provisions of this subchapter require afford a hazard to health during transportation, or a gas, which is known to be so toxic to humans as to vapore based on a one-hour exposure and such data is based on a four-hour exposure may be multiplied by not available, the LOgo for acute toxicity on inhalation which, in the absence of adeguate data on human toxic- two and the product substituted for the one-hour LOgo for acute toxicity on inhalation. CLASSIFICATION & EXCEPTIONS within any one bi the following categories When fested (1) Is presumed to be tosic to humans because it falla percent of its total mass is likely to be dust in a respira- (ili) A solid substance should be tested if at least 10 on laboratory animoan henever possible, animal test should be used): data that has been reported in the chemical literature ble range, e.g. the aerodynamic diameter of that parti- should be tested if a mist is likely to be generated in a cle-fraction is 10 microns or less. A liquid substance toxicity of not more than 500 mogisg or a solid with an (a) Oral Toxicity. A liquid with an LDga for acute oral leakage of the transport containment. In carrying out LiDgo for acute oral toxicity of nol more than 200 mg/kg. 90% (by mas) of a specimen prepared for inhalation the test both for solid and liquid substances, more than acute dermal toxicity of not more than 1000 mg/kg. (i) Dermal Toxicity. A material with an ADgo for defined in this paragraph (b)(3)(iii). toxicity tasting must be in the respirable range as LOgo for acute toxicity on inhalation of not more than (iii) Inhalation Toxicity, (A) A dust or mist with an groups to mortures possessing oral or dermal toxicity La For purposes of clasailyine and assigning packing in air at 20°C (68°F) greater than or equal to one-fifth (B) A material with a saturated vapor concentration necessary to detarmine the acute 10gg of the mixture. hazarder according to the criteria in 9175133(1), it is of the LOgo for acute toxicity on inhalation of vapore one of the following methods may he used to determine If a mixture contains more than one active constituent, vapore of not more than 5000 ml./mü and with an LOgo for acute toxicity on inhalation of the oral or dermal LDgo of the mixture: to tear gas, which causes extreme irritation, especially (2) Is an irritating material, with properties similar data on the actual mixture to be transported, (1) Obtain reliable acute oral and dermal toxicity in confined saces. the formulation according to the most hazardous con- (2) If reliable, accurate data is not available, claseify (1) LDgo (median lethal dose) for acute oral toxicity (b) For the purposes of this subchapter- stituent of the mixture as if that constituent wera is the statistically derived single dose of a substance tration of all active constituents; or present in the same concentration as the total concen- that can be expected to cause death within 14 days in the oral route. The LDso value is expressed in terms of 60% of young adult albino rats when administered by mass of test substance per mass of test animal (mg/sg). the material which, administered by continuous con- (2) LDgo for acute dermal toxicity means that dose of — 247 -#

Page 7Product Code: S5N, S5NQ, S5N55 MATERIAL SAFETY DATA SHEET Comply with OSHA'S Hazard Communication Standard, 29 CFR 1910.1200. Printed: HMIS RATING: Page: 1 of 2 6/10/2011 HEALTH = 1 FLAMMABILITY = 3 REACTIVITY = 0 PROTECTION = B SECTION 1 - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Manufacturer: Product Name: Germicidal Solution 755 Tri-State Parkway Weiman Products 24-Hour Number: 1-800-535-5053 Emergency Contact: 847-263-3500 Gurnee, IL 60031 International: 1-352-323-3500 MSDS Issue Date: 02/10/11 or contact your regional Poison Control. SECTION 2 - COMPOSITION/ INFORMATION ON INGREDIENTS Component Number OSHA Isopropyl Alcohol 67-63-0 21.0 (optional) PEL ACGIH 400 ppm ILV Other Limits Alkyl Dimethyl Benzyl Ammonium Chloride 68391-01-5 0.154 400 ppm Recommended Alkyl Dimethyl Ethyl Benzyl Ammonium Chloride 68956-79-6 0.154 N/D N/D N/D Ethylene Glycol Monobutyl Ether 111-76-2 - N/D N/D N/D 25 ppm 25 ppm N/D N/D SECTION 3 - HAZARD IDENTIFICATION Routes of Entry: Eye contact, skin contact, skin absorption, inhalation, ingestion. Effects of Acute Exposure: Inhalation: Prolonged or repeated contact may cause lightheadedness and/or irritation to nose and throat. Eyes: Contact may cause irritation. Ingestion: Ingestion can cause gastrointestinal irritation. Skin: Prolonged or repeated contact may cause irritation. Effects of Chronic Exposure: None known. Medical Conditions Generally Aggravated by Exposure: Dermatitis and other pre-existing skin conditions. Carcinogenicity: NTP: N/A IARC Monographs: N/A OSHA Regulated: N/A SECTION 4 - FIRST AID MEASURES Inhalation: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible. Eyes: Rinse with water for at least 15 minutes. Remove contact lenses, if present, after 5 minutes, then continue rinsing eye. If irritation persists, seek medical attention immediately. Skin: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. If irritation persists, seek medical attention. Ingestion: Rinse mouth and throat with water. Drink a quart of water. Get medical attention immediately. Flash Point (Method Used): 86°F TCC SECTION 5 - FIRE FIGHTING MEASURES Flammable Limits: N/A Autoignition Temperature: N/A Extinguishing Media: Alcohol foam, carbon dioxide, or dry chemical. Special Fire Fighting Procedures: Follow NIOSH recommended guidelines for alcohol fires. Unusual Fire and Explosion Hazards: Vapors can be heavier than air. Never use torch or other source of flame near SECTION 6 - ACCIDENTAL RELEASE MEASURES Steps to Be Taken in Case Material is Released or Spilled: Absorb spill with an absorbent material and place in container for disposal. Wash the contaminated area with water. SECTION 7 - HANDLING AND STORAGE Precautionary Information: Keep out of reach of children Avoid breathing of vapors and contact with eyes, skin, or clothing. Handling and Storage Conditions: Do not store near heat or open flame. Keep container closed when not in use. Document No.: 051007-6#

Page 8Product Code: S5N, S5NQ, S5N55 MATERIAL SAFETY DATA SHEET Comply with OSHA'S Hazard Communication Standard, 29 CFR 1910.1200. Printed: Page: 6/10/2011 2 of2 SECTION 8 - EXPOSURE CONTROL / PERSONAL PROTECTION Respiratory Protection (Specific Type): None. Ventilation: General ventilation normally adequate. Protective Gloves: Latex, rubber, nitrile, or polyethylene. Eye Protection: Safety glasses. Work/Hygienic Practices: None. Other Protective Clothing or Equipment: None. Color: Colorless SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES Odor: Alcohol Product State: Liquid Melting Point: N/A Specific Gravity (H2O = 1): 0.96 pH: 7.5 Evaporation Rate (Butyl Acetate = 1): N/A VOC: N/C Solubility in Water: Complete SECTION 10- STABILITY AND REACTIVITY Stability: Stable. Incompatibility (Materials to Avoid): Strong oxidizing agents. Hazardous Polymerization: Will not occur. Hazardous Decomposition or By-products: May include and are not limited to oxides of carbon Conditions to Avoid: Heat, open flames, sparks. SECTION 11- TOXICOLOGICAL INFORMATION Toxicological Data: N/A SECTION 12- ECOLOGICAL INFORMATION Environmental Data: N/A SECTION 13- DISPOSAL CONSIDERATIONS Waste Disposal Method: Dispose of in accordance with all applicable local, state, and federal regulations. SECTION 14- TRANSPORTATION INFORMATION Domestic Ground Transport of Non-Bulk Packages: Aqueous Solution of Alcohol {173.150 (e) (2)}, Ltd. Qty. Air and International Shipments: Alcohols, n.o.s., (Isopropanol), 3, UN1987, Pkg. Grp. III SECTION 15- REGULATORY INFORMATION All ingredients in this product are listed or are excluded from listing on the US Toxic Substances Act (TSCA) Chemical Substance SARA Title III, Section 313 reportable chemicals: Ethylene Glycol Monobutyl Ether. SECTION 16 - OTHER INFORMATION Additional Information: Use as directed. Note: N/A or N/D as an information entry means the data is not applicable or determined, respectively. This document has been prepared using data from sources considered technically reliable. It does not constitute a warranty, express or implied, as to the information contained within. Actual conditions of use, handling, storage, and disposal are beyond manufacturer's state, and federal regulations. control. User is responsible to evaluate all available information when using this product for any particular use and to comply with local Document No.: 051007-6#