Tower Products, Inc. — Hazardous Materials Safety Interpretation

Page 1Ms. Caron Anderson Tower Products, Inc. 2703 Freemansburg Ave Easton, PA 18045 Reference No. 16-0149 Dear Ms. Anderson: This letter is in response to your September 1, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of non-bulk combustible materials. You include in your letter a product label that shows the United Nations (UN) Number on the package and a shipping paper that references the product being a combustible liquid. Specifically, you ask if the label and shipping paper presented in your letter are permissible while still taking the exception in § 173.150(f). The answer is yes. A person shipping a product excepted under the HMR's combustible liquid provisions may still mark the package so long as it is representative of the material or product being shipped. In your case, a material classified as a combustible liquid in a non-bulk packaging that is not a hazardous substance, hazardous waste, or a marine pollutant is excepted from the HMR (§ 173.150(f)(2)). Notwithstanding this exception, the shipper may still mark the package in accordance with Part 172, Subpart D and reference on the shipping paper that the material is a combustible liquid. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, I instate T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Hi Shante/Alice, Please submit this as a letter of interpretation. Ms. Anderson spoke with Jodi. Please let me know if you have any questions. Thanks, Jordan From: Caron Anderson [mailto:caron@towerproducts.com] Sent: Thursday, September 01, 2016 11:37 AM To: INFOCNTR (PHMSA) Cc: 'Mike Barilone' Subject: Request For Letter of Interpretation on Shipping Information (Designation) Shown on Product Labels Affixed to Containers We have products which have flashpoints between 100 and 141 F which do not meet the definition of any other hazard classification and which we classify as Non-Regulated Combustible Liquids when shipped by ground domestically in non- bulk containers (less than 119 gallons). Attached is an example of our bill of lading for a 55 gallon drum of our Tech Wash IF and how we have it on the BOL for a ground shipment in the USA. A sample of our product label is also attached which has the Non Regulated information for ground domestic shipments and also the export information in case the drum should also get exported outside the 48 contiguous states. When I called your 800 HMR line, I was given a verbal opinion on this label and the corresponding shipping paper, but it was suggested that I request a written interpretation as to whether or not the label is acceptable. Thank you for addressing our question. Caron Anderson Tower Products, Inc. 2703 Freemansburg Ave Easton, PA 18045 610-991-5014#

Page 3BILL TO OR REMIT TO ISSUING OFFICE OR AGENT TOWER PRODUCTS, INC. P.O. BOX 3070 2703 FREEMANSBURG AVE. EASTON, PA. 18045 PO#: PAT83 GENERAL COMMENTS NMFC 48580 Sub 3 For Chemical Spill Emergency Call Chemtrec 1-800-424-9300 Tower Products, Inc. PIECES IN AM DESCRIPTION WEIGHT/LBS. RATE CHARGES CLASS 1 PLT Said to contain: CLEANING LIQUID. (NON- 417 * SAMPLE 55 REGULATED COMBUSTIBLE) BILL OF LADING TECH WASH IMPROVED FORMUL 2 Cases 58 55 CLEANING LIQUID. NOT REGULATED. !!! FREEZABLE!!! PREMIUM OTF PLATE CLEANER Total Weight 475 TO REMIT COD COD FEE PREPAID O COD AMT: $ COLLECT ADDRESS e delivered to the consignee without recourse on the con Subject to Section 7 of conditions, if this shipment is t TOTAL ignor, the consignor shall sign the following statemen without payment of freight and all other lawful charges The carrier sha not make delivery of this shipment CHARGES $ REIGHT CHARGES ARE PR the shipper to be not exceeding. INLESS MARKED COLLEC per (Signature of Consignor) CHECK BOX IF COLLECT Department of raspbraion. named materials are property classified, described, packaged, marked and labeled and are in proper condition for iransportation, according to the applicable regulations SHIPPER CARRIER TOWER PRODUCTS, INC.#

Page 4WARRAI This product contains high quality raw materials, al insure the highest quality. However, the user must o intended use. Neither the seller nor the manufac damage whatsoever arising out of the use or t obligation of the seller and manufacturer if this pro replace it with like quantity. No warranty, express o this product. This can only be waived by an officer o H226: Flammable Liquid & Vapor. H336: May Cause Drowsiness Or Dizzi H319: Causes Serious Eye Irritation. P210: Keep Away From Heat/Sparks/Of Other Ignition Sources. No Smoking. P261: Avoid Breathing Fume/Mist/Vapo P264: Wash Skin Thoroughly After Han P280: Wear Protective Gloves/Protectiv P370+P378: In Case Of Fire: Use Dry C P301+P310+P331: IF SWALLOWED: 1 CENTER Or Doctor. Do Not Induce Vo: P303+P361+P353: IF ON SKIN (Or Ha Contaminated Clothing. Rinse Skin Wit P304+P340: IF INHALED: Remove Pel P305+P351+P338: IF IN EYES: Rinse ( Minutes. Remove Contact Lenses, If Pre P403+P233+P405: Store In A Well-Vent P501: Dispose Of Contents/Container Ir H315: Causes Skin Irritation. Precautionary Statements) Tightly Closed. Store Locked Up. Local/Regional/National Regulations. GHS Classification Comfortable For Breathing. Hazard Statements) Protection. Extinguish. BATCH NO. Rinsing. • SAMPLE OF LABEL UN1993. Plammable Liquids, NOS. (Contains TECH WASH - IF™ ONE-STEP WATER MISCIBLE ROLLER & BLANKET WASH DIRECTIONS: (Rollers) Apply full strength or mix with up to 30% water across the top of the roller. Allow to run down the roller train for a few minutes and engage wash-up blade. Reapply if necessary until fluid runs clear into the wash-up tray. (Blankets) Apply full strength or premixed with up to 30% water with a saturated cloth on the blanket. (Automatic Units) Can be used in all units. Test on plates before using. For use only as a roller and blanket wash. Before using, read the SDS for more detailed regulatory and hazard information. SDS available by phone or HANDLING AND SPILL CONTROL PROCEDURES: Open bung slowly to allow air to escape. Avoid breathing vapors. Impervious or chemical resistant gloves, clothing and eye material, he pam enterial into apitoved cord mas for will. bon our similarabsorbent CONTAINS: Mineral Spirits CAS# 8052-41-3, Aromatic Hydrocarbon CAS# 64742-95-6, and PHOTOCHEMICALLY REACTIVE • VOC = 6.78 Lb/Gal (812 Gm/L) HEALTH-2 FLAMMABILITY -2 REACTIVITY-0 PERSONAL PROTECTION - B FOR CHEMICAL SPILL EMERGENCY CALL CHEMTREC 800-424-9300 Tower Products, Inc. • PO Box 3070 • Palmer, PA 18043 • Toll Free: 800-527-8626 www.towerproducts.com D.O.T. DESIGNATION: Cleaning Liquid (Non-Regulated Combustible) Nonylphenol Polyethylene Glycol Ether CAS# 127087-87-0 TOWER U.N. DESIGNATION: Naphtha, Solvent), 3, PGIII internet - see below.#