Top Patch — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration February 26, 2026 Jack Miltz Top Patch 5196 Le Tourneau Circle Tampa, FL 33610 Reference No. 25-0093 Dear Mr. Miltz: This letter is in response to your June 10, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) specification packaging. Specifically, you ask whether a 23 lb. mixture that contains 8 lbs. of “UN1866 Resin solution, combustible liquid, PG III” is required to be packaged in a UN specification 5-gallon pail? No, provided your material has been properly reclassed as a combustible liquid and does not meet the definition of a hazardous substance, hazardous waste, or marine pollutant. As specified in § 173.150(f)(1), a flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid when transported by ground. Furthermore, § 173.150(f)(2) states that a combustible liquid in a non- bulk packaging is not subject to the HMR unless it is a hazardous substance, hazardous waste, or marine pollutant. You also mention in your request that you ship one plastic bottle containing 180 g of “UN3104 Organic Peroxide, Type C, Solid, 5.2 (Benzoyl Peroxide)” per 5-gallon pail. Please note that this is a fully regulated material and, therefore, the bottles must comply with all applicable requirements of the HMR I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Alexander Wolcott Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Mr. Shane Kelley 25-0093 Director, Standards and Rulemaking Division Jacobson, N. U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 6/10/2025 RE: Letter of Interpretation Mr Kelley- We are a small manufacturer located in Tampa, FL. We make a pavement repair product called "Top Patch" (www.Top-Patch.com) We ship the material mostly LTL, in 5-gallon UN pails, on pallets, stretch wrapped. There is 1.92 gallons (23 LBS) of Top Patch material in the pail. Out of the 23 LBS of Top Patch in the 5-gallon pail: 8 LBS are UN 1866 Resin solution, combustible liquid, PGIII (MMA) 8.85 LBS Calcium Carbonate 6.65 LBS sand Less than ½ LB of suspension agent, pigment. We ship separately, in small plastic bottles, 180 grams UN 3104, Organic Peroxide, Type C, Solid, NOS Benzoy! Peroxide - one each for the same number of 5-gallon pails. A number of truck drivers have commented that they do not think we need to ship in UN pails, due to small quantities. However, I know we need a more solid answer. Could I get a letter of interpretation? Thank you for your help, Jack Miltz Top Patch 5196 Le Tourneau Circle Tampa, FL 33610 239-778-6191 cell www.Top-Patch.com#