ARKEMA Inc. — 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 FEB 1 7 2016 Ms. Christina Kurtz Manager Hazmat Regulations and Packaging ARKEMA Inc. 900 First Avenue King of Prussia, PA 19046-1308 Ref. No. 15-0176 Dear Ms. Kurtz: This responds to your August 10, 2015 letter regarding the classification of your company's product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company has a line of mixtures containing resins or paints that you classify as "UN1866, Resin Solution" and "UN1263, Paint" as instructed by§ 172.lOl(c)(lO)(i)(F) of the HMR. You note that previous interpretation letter Reference No. 05-0317 supports this classification; however the International Maritime Dangerous Goods (IMDG) Code is not clear on classifying materials based on application. You believe the wording in paragraphs 2.0.2.5.1and3.1.3.2 of the IMDG Code supports the classification of your company's product as Resin Solutions and Paints. Specifically, you ask whether the Pipeline and Hazardous Materials Safety Administration (PHMSA) interprets paragraphs 2.0.2.5.1and3.1.3.2.l of the IMDG Code in the same way as§ 172.lOl(c)(lO)(i)(F) of the HMR. Based on the information you provided, it is the opinion of this Office that paragraphs 2.0.2.5.l and 3.1.3.2.l of the IMDG Code and§ 172.lOl(c)(lO)(i)(F) of the HMR should be applied in the same manner. You are correct that the IMDG Code does not specifically provide guidance to shippers as to when the shipping description "UNI 866, Resin Solutions" should be chosen based on application. However, if you as the shipper make this determination based on your knowledge and understanding of the commodity, its composition, and the intended use under the provisions provided in 3.1.3.2.1 of the IMDG Code, "UN1866, Resin Solutions" would be a proper description for your material. I hope this satisfies your request. T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Telephone: 610-205-7417 Fax: 610-205-7096 Email: Christina.Kurtz@arkema.com August 10, 2015 International Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Attn: PHH-13, East Building 1200 New Jersey Ave_, SE Washington, DC 20590-0001 Re: 49CFR §172.101 (c) (i) (F) and IMDG §3.1 _3_2.1 and §2.0.2.5.1 Dear Sir/Madam: Arkema Inc. is seeking an interpretation of IMDG §3.1.3.2.1 and §2.0.2.5.1. Currently we manufacture a line of mixtures containing resins or paints containing solvents (i.e. xylene, butyl acetate). We classify these mixtures as UN 1866, Resin Solution and UN 1263, Paint as per §172.101 (c) (i) (F). Interpretation No. 05-0317 supports this decision. Unfortunately, the IMDG regulations are not as clear when classifying materials based on use/application. Thus, some of our European colleagues believe the classification of the same high viscosity resin solutions and paints should be UN 1123, Butyl Acetate Solution and UN 1307, Xylene Solution. Arkema Inc. believes the wording in IMDG §2.0.2.5.1 and §3.1.3.2 does support the same classification since Resin Solution and Paints are mixtures/solutions identified in the Dangerous Goods List. Unfortunately, application examples are not provided in The IMDG. Please confirm the intention of IMDG §2.0.2.5.1 and §3.1.3.2.1 is the same as what is written in 49CFR § 172.101 ( c) (i) (F). r~Th~ 'cniFsff na M. Kurtz - - b ,~ Manager, Regulations and Packaging Arkema, Inc. Arkema Inc. 900 First Avenue King of Prussia, Pennsylvania 19406 610-878-6500 www .arkema.com#