Industrial Health & Safety Consultants, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardous Materials Safety MAY 3 1 2018 Administration Denese A. Deeds, CIH, FAIHA, SDSRP Industrial Health & Safety Consultants, Inc. 8 Huntington Plaza, Suite 290 Shelton, CT 06484 Reference No. 17-0110 Dear Ms. Deeds: This letter is in response to your October 4, 2017, letter and attachments requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a non-specification packaging system designed to continuously dispense liquid without propellant. Specifically, you state the packaging is not an aerosol under the HMR or international hazardous materials transportation regulations; will transport hazardous or non-hazardous material; does not affect the classification of its contents; and poses no danger in transport. You enclosed a presentation and pamphlet that include photographs and drawings of the packaging. You further describe the packaging as follows: • The packaging contains an inner polyethylene bag placed inside of an elastomer sleeve that is then placed inside of a rigid outer polyethylene packaging. • All three packagings are attached to a valve designed to release the contents continuously and at high pressure as an aerosol mist. • The elastomer sleeve when full generates 4 to 6 bars (58 psi to 87 psi) of pressure on the inner bag that decreases with use. If the sleeve fails, its pressure will immediately drop to zero and its contents will release into and be contained by the rigid outer packaging. In addition, you enclosed two safety data sheets (SDS) of liquids you intend to place in the packaging: • WD-40 Multi-Use Product 25% VOC as "UN1268, Petroleum distillates, n.o.s., Combustible liquid, PG III," and excepted from the HMR under § 173.150(f) when placed in a non-bulk packaging; and • WD-40 Specialist Industrial-Strength Cleaner & Degreaser as non-hazardous under the HMR. Based on the information you provided, the packaging you describe does not meet the definition of an aerosol under the HMR because it does not contain a gas that is compressed, liquefied, or dissolved under pressure. Further, for these same reasons it does not meet the definition of an#

Page 2aerosol under the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions for the Sate Transport of Dangerous Goods by Air (ICAO TI), and the International Maritime Dangerous Goods (IMDG) Code. (See 49 CFR 171.8; ICAO TI Chapt. 3;3.1.1; IMDG Chapt. 1; 1.2.1.) Please note that hazardous materials, when transported internationally from, to, or through the United States, must also comply with applicable provisions in 49 CFR Part 171, Subpart C. The packaging you describe is not subject to the HMR when transporting a non-hazardous material, nor when transporting a non-bulk combustible material in the manner prescribed in § 173.150(t)(2). However, when transporting any hazardous material not entitled to this exception, the packaging must comply with all applicable HMR requirements for the material and its packaging. We note the packaging places its contents under 4-6 bars of pressure in a design that is not specitically authorized for transport under the HMR. Depending on the hazardous material, thi may require a special permit. Special permits may authorize relief from a requirement in the HiMk provided the applicant describes an alternative that provides an equivalent or greater level of safety to that intended by the HMR. To apply for a special permit, please submit an application to the Associate Administrator for Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B. You may obtain information on the special permit application process from our website at https://www.phmsa.dot.gov/approvals- and-permits/hazmat/hazardous-materials-approvals-and-permits-overview, or by calling PHMSA's Approvals and Permits Division at (202) 366-4511. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, I Am rosen T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Edmonson Dodd, Alice (PHMSA) 517322 From: INFOCNTR (PHMSA) Sheppet's Respossibility Sent: To: Friday, October 06, 2017 2:01 PM Hazmat Interps 17-0110 Subject: Attachments: FW: Request for Letter of Interpretation Request for LOI IHSC 10-17.pdf Hi Alice, Please submit this as a letter of interpretation. Let me know if you have any questions. Thank you, Jodi From: Denese Deeds [mailto:d.deeds@ih-sc.com] Sent: Friday, October 06, 2017 9:12 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Request for Letter of Interpretation Please see attached request for a letter of interpretation. Thank you. Best Regards, Denese Denese A. Deeds, CIH, FAIHA, SDSRP Industrial Health & Safety Consultants, Inc. 8 Huntington Street Suite 290 Shelton, CT 06484 203-929-3473 x1#

Page 4Industrial Health & Safety Consultants, Inc. 8 Huntington Street, Suite 290, Shelton, CT 06484 203-929-3473 fax 203-929-5823 October 4, 2017 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building Washington, DC 20590-0001 1200 New Jersey Avenue, SE Re: New Packaging for Spray Applications On Monday, September 25, 2017, I met with Cheryl West Freeman and some of her staff to discuss a novel packaging system that my client is interested in using for their commercial product. The name of the manufacturer was provided at that meeting but I will request that the name remain. confidential at this time. The packaging is described as propellant-free continuous dispensing packaging. This packaging consists of an internal multi-layer bag that contains a liquid to be dispensed and an internal elastomeric sleeve that applies pressure on the inner bag and its contents. This pressure causes the contents to be delivered as a spray, much like an aerosol. The elastomeric sleeve generates 4-5 bar of pressure on the inner bag when the inner bag is full and the pressure decreases during use. However, there is no gas propellant and thus no pressure on the external package. During the meeting we presented samples of the packaging and a printed failure risks. The consequence of a package failure is simply that the liquid will leak into the outer presentation that described the packaging in detail. This presentation included a discussion of packaging and, if that is breached, out of the package, as with any liquid packaging. The liquid contents may be water based and non-hazardous from a transport perspective, or they may be flammable, corrosive, toxic, etc. modes of transport. We are interested in using this packaging for products that will be shipped internationally by all The purpose of this letter is to request your opinion/position on the following statements. 1. This packaging system is not an aerosol as defined by DOT, ICAO, IMDG or the UN 2. This packaging system itself does not pose a transport danger. 3. Classification of a product packaged in this system must be classified based on the hazards of the liquid contents as a liquid (Class 3, 6.1, 8, etc.). 4. Any exceptions from regulation (such as limited quantities, aqueous alcohol solutions, to these products. and combustible liquids) that are available for a normal liquid package would also apply Thank you very much for your time during our meeting and for your response to our request.#

Page 5If you have any questions or need additional information, please call me at (203) 929-3473 ext. 1. Sincerely, Denese A. Deeds Denese A. Deeds, CIH Senior Consultant#