{"operation":"document","citation":"17-0110","title":"Industrial Health & Safety Consultants, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-05-31","effective_on":null,"summary":"17-0110 response to Industrial Health & Safety Consultants, Inc. concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0110.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0110.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0110","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69946/170110.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nMAY 3 1 2018\nAdministration\nDenese A. Deeds, CIH, FAIHA, SDSRP\nIndustrial Health & Safety Consultants, Inc.\n8 Huntington Plaza, Suite 290\nShelton, CT 06484\nReference No. 17-0110\nDear Ms. Deeds:\nThis letter is in response to your October 4, 2017, letter and attachments requesting clarification\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a\nnon-specification packaging system designed to continuously dispense liquid without propellant.\nSpecifically, you state the packaging is not an aerosol under the HMR or international hazardous\nmaterials transportation regulations; will transport hazardous or non-hazardous material; does not\naffect the classification of its contents; and poses no danger in transport.\nYou enclosed a presentation and pamphlet that include photographs and drawings of the\npackaging. You further describe the packaging as follows:\n• The packaging contains an inner polyethylene bag placed inside of an elastomer sleeve\nthat is then placed inside of a rigid outer polyethylene packaging.\n• All three packagings are attached to a valve designed to release the contents continuously\nand at high pressure as an aerosol mist.\n• The elastomer sleeve when full generates 4 to 6 bars (58 psi to 87 psi) of pressure on the\ninner bag that decreases with use. If the sleeve fails, its pressure will immediately drop to\nzero and its contents will release into and be contained by the rigid outer packaging.\nIn addition, you enclosed two safety data sheets (SDS) of liquids you intend to place in the\npackaging:\n• WD-40 Multi-Use Product 25% VOC as \"UN1268, Petroleum distillates, n.o.s.,\nCombustible liquid, PG III,\" and excepted from the HMR under § 173.150(f) when\nplaced in a non-bulk packaging; and\n• WD-40 Specialist Industrial-Strength Cleaner & Degreaser as non-hazardous under the\nHMR.\nBased on the information you provided, the packaging you describe does not meet the definition\nof an aerosol under the HMR because it does not contain a gas that is compressed, liquefied, or\ndissolved under pressure. Further, for these same reasons it does not meet the definition of an\n\n<<<PAGE 2>>>\n\naerosol under the United Nations Recommendations on the Transport of Dangerous Goods\n(UN Recommendations), the International Civil Aviation Organization Technical Instructions for\nthe Sate Transport of Dangerous Goods by Air (ICAO TI), and the International Maritime\nDangerous Goods (IMDG) Code. (See 49 CFR 171.8; ICAO TI Chapt. 3;3.1.1; IMDG Chapt. 1;\n1.2.1.) Please note that hazardous materials, when transported internationally from, to, or\nthrough the United States, must also comply with applicable provisions in 49 CFR Part 171,\nSubpart C.\nThe packaging you describe is not subject to the HMR when transporting a non-hazardous\nmaterial, nor when transporting a non-bulk combustible material in the manner prescribed in\n§ 173.150(t)(2). However, when transporting any hazardous material not entitled to this\nexception, the packaging must comply with all applicable HMR requirements for the material\nand its packaging.\nWe note the packaging places its contents under 4-6 bars of pressure in a design that is not\nspecitically authorized for transport under the HMR. Depending on the hazardous material, thi\nmay require a special permit. Special permits may authorize relief from a requirement in the\nHiMk provided the applicant describes an alternative that provides an equivalent or greater level\nof safety to that intended by the HMR. To apply for a special permit, please submit an\napplication to the Associate Administrator for Hazardous Materials Safety in conformance with\nthe requirements prescribed in 49 CFR Part 107, Subpart B. You may obtain information on the\nspecial permit application process from our website at https://www.phmsa.dot.gov/approvals-\nand-permits/hazmat/hazardous-materials-approvals-and-permits-overview, or by calling\nPHMSA's Approvals and Permits Division at (202) 366-4511.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nI Am rosen\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonson\nDodd, Alice (PHMSA)\n517322\nFrom:\nINFOCNTR (PHMSA)\nSheppet's Respossibility\nSent:\nTo:\nFriday, October 06, 2017 2:01 PM\nHazmat Interps\n17-0110\nSubject:\nAttachments:\nFW: Request for Letter of Interpretation\nRequest for LOI IHSC 10-17.pdf\nHi Alice,\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nThank you,\nJodi\nFrom: Denese Deeds [mailto:d.deeds@ih-sc.com]\nSent: Friday, October 06, 2017 9:12 AM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Request for Letter of Interpretation\nPlease see attached request for a letter of interpretation.\nThank you.\nBest Regards,\nDenese\nDenese A. Deeds, CIH, FAIHA, SDSRP\nIndustrial Health & Safety Consultants, Inc.\n8 Huntington Street Suite 290\nShelton, CT 06484\n203-929-3473 x1\n\n<<<PAGE 4>>>\n\nIndustrial Health & Safety Consultants, Inc.\n8 Huntington Street, Suite 290, Shelton, CT 06484 203-929-3473 fax 203-929-5823\nOctober 4, 2017\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\nWashington, DC 20590-0001\n1200 New Jersey Avenue, SE\nRe: New Packaging for Spray Applications\nOn Monday, September 25, 2017, I met with Cheryl West Freeman and some of her staff to\ndiscuss a novel packaging system that my client is interested in using for their commercial product.\nThe name of the manufacturer was provided at that meeting but I will request that the name remain.\nconfidential at this time. The packaging is described as propellant-free continuous dispensing\npackaging. This packaging consists of an internal multi-layer bag that contains a liquid to be\ndispensed and an internal elastomeric sleeve that applies pressure on the inner bag and its\ncontents. This pressure causes the contents to be delivered as a spray, much like an aerosol. The\nelastomeric sleeve generates 4-5 bar of pressure on the inner bag when the inner bag is full and\nthe pressure decreases during use. However, there is no gas propellant and thus no pressure on\nthe external package. During the meeting we presented samples of the packaging and a printed\nfailure risks. The consequence of a package failure is simply that the liquid will leak into the outer\npresentation that described the packaging in detail. This presentation included a discussion of\npackaging and, if that is breached, out of the package, as with any liquid packaging.\nThe liquid contents may be water based and non-hazardous from a transport perspective, or they\nmay be flammable, corrosive, toxic, etc.\nmodes of transport.\nWe are interested in using this packaging for products that will be shipped internationally by all\nThe purpose of this letter is to request your opinion/position on the following statements.\n1. This packaging system is not an aerosol as defined by DOT, ICAO, IMDG or the UN\n2. This packaging system itself does not pose a transport danger.\n3. Classification of a product packaged in this system must be classified based on the\nhazards of the liquid contents as a liquid (Class 3, 6.1, 8, etc.).\n4. Any exceptions from regulation (such as limited quantities, aqueous alcohol solutions,\nto these products.\nand combustible liquids) that are available for a normal liquid package would also apply\nThank you very much for your time during our meeting and for your response to our request.\n\n<<<PAGE 5>>>\n\nIf you have any questions or need additional information, please call me at (203) 929-3473 ext. 1.\nSincerely,\nDenese A. Deeds\nDenese A. Deeds, CIH\nSenior Consultant","truncated":false,"body_characters":7782}