Miller Products Company, Inc. — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S.Department Special Programs Research and Administration OCT 15 1998 Ms. Pat Czeczuga Miller Products Company, Inc. Ref. No. 98-0275 2220 91St Street North Bergen, NJ 07047-4731 Dear Ms. Czeczuga: • This is in response to your letter dated September 10, 1998, requesting clarification on the limited quantity and consumer commodity provisions for Class 3 and Division 2.1 materials in S$ 173.150 (b) (2) and 173.306 (a) (3) of the Hazardous Materials Regulations (HMR; 49 CER whether your packagings containing isopropyl alcohol may be Parts 171-180). Specifically, you ask shipped under these provisions. Based on the information provided in your letter, you are correct in your understanding of consumer commodity exceptions for Class 3 materials in the use of the limited quantity and S.173.150 (b) (2) and Division 2.1 materials in $ 173.306 (a) (3). Limited quantities of Class 3 materials and Division 2.1 materials are excepted from labeling requirements, unless offered packaging. for transportation by aircraft, placarding, and specification In addition, a limited quantity of Class 3 or a Division 2.1 material which meets the definition of a consumer commodity in § 171.8, may be renamed consumer commodity and re-classed as ORM- D. An ORM-D material is also excepted from shipping paper mazarene 3 of the a andess it me a dese pollutant, or is offered for transportation by aircraft. I hope this satisfies your request. Sincerely, 1884 Transportation, Regulations Specialist Office of Hazardous Materials Standards 173.150 173,806#

Page 2ro 09/11/1998 11:24 2016620912 MILLER PROD PAGE 01 MILLER Est. 1930 MILLER TELEPHONE: TELEPHONE: (800) 782-7437 (201) 882-2010 FAX: E-Mall: sales@millerproducts.com (201) 662-0912 MILLER PRODUCTS COMPANY, INC. 2220 91ST STREET, NORTH BERGEN, NEW JERSEY 07047-4731 September 10, 1998 BAH §173.150 Ms. Eileen Mack Hazardous Materials Information Center 980275 Washington, DC Re: DOT 49 CFR Ground Shipments Dear Ms. Mack, : I wish to confirm our conversation of September 09, 1998, to be assured we will be shipping in accordance with the DOT 49 CFR regulations. A. Our product Isopropyl Alcohol, Class 3, UN1219, PG I1, Label Code 3, Special Provision T1, Packaging 173.150, 173.202. We have two (2) different packaging containers 1 gallon containers packaged in plastic bottles 12 oz trigger bottles packaged in plastic bottles with a spray pump According to our conversation we meet the exception for Class 3 in accordance with 175.150 (b) and (2) to re-classify our 12 oz trigger bottles for Limited Quantities under ORM-D. I understand we will be exempt from labeling and packaging requirements. Our gallon containers will be shipped in accordance of the above packaging and labrel requirements. B. Our product Isopropyl Alcohol, Aerosol, Class 2.1 UN1950, Label Cod: 2.1, Special Provisions N82, Packaging 173.306. This item is packed in 12 oz metal aerosol cans, 24 per case. We also feel this item qualifies for the Limited Quantities under ORM-D of compressed gases accordance to 173,306 (3). ...#

Page 3no. in i 09/11/1998 11:24 2016620912 MILLER PROD PAGE 02 = Page 2 Ms. Mack I would appreciate if you can review the above and confirm that we will be shipping in the correct class. Thank you, Ms. Mack, for your help and clarification on our questions and concerns. Sincerely, Sat Eggie Pat Czeczuga Sales Coordinator co: Hector Ortiz FAX: 202-366-3012 :#

Page 4of Transportation U.S. Department 400 Seventh Street. S.W. Research and Washington. D.C. 20590 Special Programs Administration DEC 3 / 1990 Mr. Gregory B. Heath SEA Consultants, Inc. SI. Project Scientist 485 Massachusetts Avenue Cambridge, MA02139-4018-w Dear Mr. Heath: This is in response to your letter dated October 23, 1990 regarding the flammable or combustible liquids. transportation of an underground storage tank which contained a residue of There is no provision in the Hazardous Materials Regulations (HMR; 49 CER Parts 171-180) that authorizes the transportation of flammable liquids in non-specification tanks, i.e., underground storage tanks. Neither do the HMR provide a quantitative definition for empty packaging. As provided in material § 173.29, "empty" packaging is fully subject to the HMR. Such tanks must be transported under that contains a residue of a hazardous the terms of with a material not subject to the HMR. an exemption, cleaned and purged of all residue, or reloaded American Petroleum Institute (API) Recommended Practice 1604, 1987 edition. An acceptable procedure for cleaning gasoline tanks is available in the However, if the sediments remaining in the tank after the cleaning process Environmental Protection Agency's regulations (40 CFR 260-265) making use of considered hazardous wastes and are in quantities subject to the apply (See §$ 172.101 (c) (10), 172.203 (e), 172.205). Hazardous Waste Manifests mandatory, DOT hazardous waste regulations will In accordance with § 173.118a(b), the transportation of combustible liquids loes not require DOT specification packaging. lecommended Practice 1604 would not be required for the transportation of leaktight underground storage tank containing the residue of a combustible If we can be of further assistance, please feel free to contact us. : Sincerely, por- Hatte 2. michell Director, Office of Hazardous 118 Materials Standards 113. 113150#