Lewis Marine Supply — Hazardous Materials Safety Interpretation

Page 1.... of Transportatior J.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration JUN 2 8 1999 Mr. Keith I. Mauer 4 Ref. No. 99-0079 Lewis Marine Supply warehouse Manager Byfield Division Pensacola, FL P O Box 7127 32514-0217 Dear Mr. Mauer: This is in response to your letters dated March 22, 1999 concerning the renaming and reclassification of certain hazardous materials as a consumer commodity, class ORM-D.: A consumer commodity is defined as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalițies for consumption by individuals for purposes of personal care or household use. Therefore, if the packaging exceptions ifor a hazardous material specifically includes a reference to $ 173.156 of the Hazardous Materials Regulation (HMR; 49 CFR Parts 171-180), and the material is packaged in accordance with the limited quantity provisions specified for its hazard class, the material may be renamed "Consumer commodity" and reclașsed as ORM-D material,. provided it is intended or suitable , (emphasis added) for sale through a retail sales agency or instrumentality for consumption by individuals for purposes of personal care or household use. Even though a material may not be intended for consumption by individuals for purpose of personal care or household use, as indicated by an advisory notice on the product label prepared by the manufacturer, that determination is not binding on subsequent distributors of the material. For example, some materials that are normally used in industrial applications are frequently found in home workshops of persons who restore 171-8 990079#

Page 2automobiles, furniture and the like. Thus, on the basis of information concerning its customers needs and uses, a reshipper of such hazardous material may independently determine whether a product may be appropriately renamed and reclassed as a consumer commodity, class ORM-D. I trust this satisfies your inquiry. If you need fürther assistance, please feel free to contact us. • I Allan Thomas G. Allan Acting Director, Office of Hazardous Materials Standards#

Page 3Twitty 3-22-99 81718 Edward Mazzalla Director OHMS consumer Department 400 7th Street S.W. Washington D.C. 20590 commodity Dear Mr. Mazzalla 99-0079 This letter is to address and hopefully clarify the exception procedure for reclassification of Class 3 Flammable Liquids using the exceptions 173.150 process for Limited Quantity then to further use the Consumer Commodity provision. Product is classified as Paint, 3, UN1263, PG |11 The factory states on the MSDS sheet in section 16 - Other Information paragraph 3 For Industrial Use Only-This product is used by professional, trained personnel using proper equipment and is not intended for sale to, or use by the general public. It also states the same information on the product label under the paragraph for Industrial Use Only. A phone conversation with Darren: Kumkleman at U.S. Paint supports the product is not a consumer commodity nor is it intended to be sold as a consumer product. This is why they put the information on the product label also. I strongly feel because of the information provided that the product does not meet the definition of a consumer commodity. Per phone conversation with personnel at your facility tells me no matter what information is in writing, that if the product is packaged in a container that could be used by other products that are suitable for reclassification and it is not a forbidden item in transportation then the product could be reclassified as a consumer commodity. Example Round Paint Can. If this is true then could all items that are referred to the exception process for 173.150 be reclassified as a consumer commodity. Xylene ,Acetone, Denatured Alcohol, Paint Thinners, etc. What is the use for of all the Factory's to use UN Performance Oriented Packaging for the products when if fact the would not be subject to 173.202 or 173.203 packaging requirements or labeling requirements for LTL Shipments or U.P.S. Shipments. I currently believe there is alot of confusion over precisely what is and is not a consumer commodity under the D.O.T. definition because what I understand from your facility is the definition of suitable (dictionary definition is similar or matching)means that all products unless they are forbidden or are not subject to a exception as in 173.150 all can be reclassified without regard to whether someone would want to purchase it for home or personal use. All of the training I have received from the HMAC, UPS and Federal Express and most UN Box Manufacturers leaves almost a clear impres- sion that these items can not be shipped as a ORM-D. To help clarify this, I have enclosed a MSDS sheet as well as a product label. I really appreciate your time an effort in helping to resolve and clarify this matter for our company. Sincerely, Keith L. Mauer Warehouse Manager#

Page 4SKIN INHALATION EYES • hearing impairment. 1-7 XYLENE WEIGHT (1) - Acute Oral LD50, Rabbit DISOBUTYL KETONE COMMON NAME TRADE NAME EMERGENCY INFORMATION ADDRESS PRODUCT CODE PRODUCT CLASS MANUFACTURER 100 (PPM) TEV/TWA ACGIH POTENTIAL ACUTE HEALTH EFFECTS PROPYLENE GLYCOL MONOMETHML ETHER ACETATE ETHYLENE GLYCOL MONOETHYL ETHER ACETATE nulsance parliculales have an ACGIH TLV for Totel Dust of 10 mg/M3. (PPM) TESTEN PESTA May cause moderate Imitation, redness, tearing, and blurred vision. May cause bums. 100 (PPM) DSHA (2) - Acute Oral L.D50, Ret NAP - Not epplicable TOPCOAT-GLOSS (314) 621-0525 G&H LINES - LEAD FREE 831 South 21st Street Product ingredients appear on the following carcinogenic listings: () IARC ()NTP () SHA () NISH () ACGIH (X) None 150 (PPM) PEL/STEL OSHA MODIFIED POLYESTER RESIN St. Louis, Missourl 63103-3092 U.S. PAINT CORPORATION dizziness, nausea, vomiting, uncónsciousness, coma, respiratory failure and death. Prolonged exposure căn causé Can cause nasal and respiratory tráct Irritation. Can cause CNS effects Including fatigue, weakness, headache, severe in certain individuals. Persons with pre-existing skin disorders may be more susceptible to the effects of this skin. Pregnant women should avold exposure to this product. Sensitizer - Can cause aflergic skin reaction which may be This product has produced fetotoxic and teratogenic effects in laboratory animals when Inhaled or absorbed through the including CNS depression, lung, liver and kidney injury. Symptoms include headache, nausea, vomiting and dizziness. through the skin In toxic amdunts. Skin contact of high concentrations of vapor may cause Intation and toxic effects, Prolonged or repeated contact can cause modérate irritation, defatting, ard deřmatitis. Mäterlal Is readily absorbed SECTION 3 - HAZARDS IDENTIFICATION This produc confeins pigments which diay become a dust nuisance when rêmoved by ebrasive blasting, sanding or grinding. Airbome 2,6-DIMETHYL-4-HEPTANONE DIMETHYL BENZENE 2-ETHOXYETHANOL ACETATE CHEMICAL NAME 1-METHOXY-2-PROPANOL ACETATE SECTION 2 - COMPOSITION, INFORMATION ON INGREDIENTS CHEMTREC - 800-424-9300 OR 703-527-3887 SECTION 1 - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Prepared by: Environmehtal, Health & Safety Dept. (314) 621-0525 MATÈRIAL SAFETY DATA SHEET (PPM) CEILING OSHA AWLGRIP* / ALUMIGRIP• LINEAR POLYURETHANE (3) - Dermal LDSO, Rabbi NE - Not established NO NATION DESIG SKIN 8.5(2) - 2.9(2) 5.8(2) 4.3(2) • LD50 . (4) - Dermal LD50, Rat CAST 108-55-6 NA - CASH 111-15-9 NA CAS# 108-83-8 5000/4 CASE 1330-20-7 CASA INHALATION: VAPOR 3.7: 1.7: PRESSURE prolesslonal firelighters. Explosion Level: Flashpoint TCC: IF SWALLOWED IF INHALED •IF ON SKIN WEIN EYES EXTINGUISHING MEDIA administer oxygen. TARGET ORGANS INGESTION Auto-Ignition Temperature: Flammability Limits: diseases of the lungs. Flammability Classification: PRIMARY ROUTE(S) OF ENTRY central nervous system (CNS). by maintaining a continuous flow of fresh alr. FIRE-FIGHTING PROCEDURES AND EQUIPMENT UNUSUAL FIRE AND EXPLOSION HAZARDS chemical pneumonitis which can be fatal. POTENTIAL CHRONIC HEALTH EFFECTS Closed container may explode when exposed to extreme heat. FIRE AND EXPLOSIVE PROPERTIES OF THE CHEMICAL: 379°C 27°C 1C Seek medical attention. If possible, do not leave individual unattended. Lower NA Low 0.80% symptoms persist seek medical attention. Launder clothing before reuse. Water may be ineffectivé but should be used to cool fire-exposed structures and vessels. 715°F BO*F *Flush eyes with water for at least 15 minutes while holding eyellds apart; Seek medical attention. In case of fire, use Dry Chemical, Foam, CO2 or other approved method fot treating a Class B fire. Higher NA • High 7.00% Self-contained breathing apparatus with full faceplece operaled in pressure-demand or other positive pressure mode Vapors may ignite explosively. Vapors may spread long distances, and beyond closed doors. Prevent build up of vapors including heaters, fans, and other non-explosion proof electrical equipment, during use and until all vapors are gone Keep away from heal, sparks and flame. Do not smoke. Extinguish all pilot lights and turn off all sources of ignition. Use carbon dioxide or dry chemical for small fires; alcohol-type aqueous film-forming foam or water spray for large fires. SECTION 5 - FIRE FIGHTING MEASURES SECTION 4 - FIRST AID MEASURES does not result in iliness. Changes are due to a benign lung condition called siderosis or iron pigmentation. chemical pneumonitis which may be fatal. If Individual is drowsy or unconscious, place on their side with head down. DO NOT induce vomiting unless directed to do so by medical personnel. Aspiration of material into lungs can cause *attention; Keep person warm and quiet. If individual Is not breathing, begin artificial respiration. If breathing is difficult, if symptoms develop, immediately move individual away from exposure and into fresh air. Seek Immediate medical •Remove contaminated clothing and flush contaminated skin with largé amounts of water. If skin is damaged or if fertility disorders, skin damage, spleen damage, testicular damage, respiratory system, gastrointestinal (Gl) tract and -blood disorders, cardiac abnormallty, eye damage, kidney damage, liver abnormalitles, fung damage, menstrual and abnormalities, anemla, birth defects which may include: felotoxicity, émbryotoxicity, infertility and fetal malformations. animals and/or humans, and may aggravate pre-existing disbiders of these organs in humans: reproductive system Overexposure to this material or Its components has been suggested as a cause of the following eitects in taboratory system damage, Intentional misuse by deliberately coricênträting and inhating this product may be harmful or fatal. * Reports have assoclated repeated and prolonged occupational overexposure to solvents with brain and nervous * Chranic overexposure to iron oxide fumes or dusts has beth associated with x-ray changes of the lungs, however, it * Prolonged and repeated breathing of vapors, spray mist and/or sanding dust over a period of years may cause Can cause Irritation of the digestive tract, nauséa, vômiting and diathea. Aspirätion of material into thie lungs can cause During a fire, toxic gases and smoke are irritants prèsent from decomposition/combustion. (X) SKIN (X)BREATHING (X) SWALLOWING Summon#

Page 5STABILITY dusts. Wil NOT occur. phosphorous. STORAGE POLYMERIZATION HANDLING: LARGE SPILL SMALL SPILL CLEAN-UP: and toxic fumes of sulfur oxides. VAPOR DENSITY - NA PHYSICAL APPEARANCE - NA PHYSICAL STATE - LIQUID Do not get in eyes, on skin, or on clothing. PERSONAL PROTECTIVE EQUIPMENT Stable under ordinary conditions of use and storage. CONDITIONS TO AVOID AND INCOMPATIBILITIES ODOR - NA VENTILATION/RESPIRATORY PROTECTION BOILING RANGE - 135-171°C or 278-343°F pH - NA given in this data sheet must be observed for empty containers. SENSITIVITY TO STATIC DISCHARGE - Grounding/Bonding required HAZARDOUS DECOMPOSITION PRODUCTS (Including Thermal Decomposition) impermeable gloves, clothing, and boots should be worn to prevent skin contact. monitoring demonstrates vapor and particulate levels are below applicable limits, sufficient mechanical (general and/or local exhaust) ventilation to maintain exposure below TVS). Absorb liquid on inert material such as paper, vermiculite, floor absorbent, and transter to hood. Carbon dioxide, carbon monoxide, chlorides, toxic fumes, various hydrocarbons, hydrogen chloride, nitrogen oxides Acids, performic acid, aluminum, alkalis, bromine pentafluoride, calcium hypochlorite, hydrazine, oxidizing agents and SECTION 10 - STABILITY AND REACTIVITY SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES directions for respirator use. Engineering or administrative controls should be implemented to reduce exposure. Provide - Use only with adequate ventilation. Maintain continuous flow of fresh air. Do not breathe vapors, spray mists, or sanding SECTION 8 - EXPOSURE CONTROLS, PERSONAL PROTECTION empty, may contain explosive vapors. Do not cut, puncture or weld on or near this container. All hazard precautions materal may be hazardous when emplied because they relain product resides (vapor, liquid, and/or solid). When 49°C/120 F. Do not transfer contents to bottles or other untabeled conlainers. Protect from. freezing. Containers of this.. Keep container light and upright to prevent leakage. Keep container closed when not in use.. Do not store above SECTION 7 - HANDLING AND STORAGE streams, or other bodies of water. If run-off occurs, notify the proper authorilies as required that a spill has occurred. Wear appropriale properly: fitted: respirator NOSH/MSHA approved) during and aner apprication. unless. alr sand, clay, earth, or floor absorbent, and shoveled into conlalners with non-sparking tools. Prevent run-off to sewers, of spill to prevent spreading, pump liquid to salvage tank. Remaining liquid may be absorbed with inert material such as equipment should be excluded from area of spill until clean-up has been completed. Stop spill at source, contain area Eliminate all ignition sources (fares, flames, including pilot lights, electrical sparks). Persons not wearing protective COEFF OF WATER/OIL DIST - NA % VOLATILE BY VOLUME - 51-63 % VOLATILE BY WEIGHT- 35-57 SPECIFIC GRAVITY WATER SOLUBILITY - NA VISCOSITY - NA FORMULA WEIGHT PER VOL - 8.73-11.36 Ibs./gal. Use solvent resistant safety eyewear with splash guards. Solvent EVAPORATION RATE - .0 (n-butyl acetate = 1) VOC OF MATERIAL - 476-583 g1 or 3.97-4.95 Ibs./gal: * • 1.05-1.36 Follaw respiralor manuracturers Gloss IMPORTANTI CAS# 111-15-9 XYLENE G&H Line - Lead Free by the general public. STATE REGULATIONS: CAS# 1330-20-7 FOR INDUSTRIAL USE ONLY SARA 313 INFORMATION FEDERAL REGULATIONS: D.O.T. LABEL: Flammable Liquid D.O.T. PACKAGING GROUP: Ill D.O.T. HAZARD CLASS: 3 WASTE DISPOSAL METHOD regulations, Do not incinerate closed containers. No ecological data available for this product. California to cause birth defects or olher reproductive harm. ETHYLENE GLYCOL MONOETHYL ETHER ACETATE R. 03-01-1995 R. 10-31-1989 Superfund Amendments and Reauthorization Act of 1986 and 40 CFR Part 372. No additional toxicological data available. Please refer to sections 2 a 3. 10-04-1985 labels of all products being blended as the combination may contain the hazards of each component. PER CALIFORNIA'S PROPOSITION 65 - WARNING: This product contains chemicals known to the state of U.S. PAINT CORPORATION ASSUMES LEGAL RESPONSIBILITY. DATA IS NOT TO BE TAKEN AS A WARRANTY OR REPRESENTATION FOR WHICH MATERIAL SUPPLIERS AND OTHER SOURCES AND IS BELIEVED TO BE RELIABLE. THIS THE INFORMATION CONTAINED HEREIN IS INFORMATION RECEIVED FROM OUR RAW R. 05-02-1995 R. 01-29-1990 R. 12-13-1985 This product is for use by professional, trained personnel using proper equipment, and is not intended for sale to, or u whatsoever of UL.S. Paint except as expressly warranted or represented in U.S. Paint's published LIMITED WARRANT thereto.. Use or application of any U.S. Paint product is at the discretion of the Buyer without liability or obligatk qualities of the products sold is believed reliable; however, U.s. Paint makes no warranty or representation with respe Any recommendation of U.S. Paint contained herein covering use, utilization, chemical or physical properties and oth This product may be blended with other products prior to use. Read all warnings and precautions on the MSDSs ar SECTION 16 - OTHER INFORMATION This product contains the following subslances subject to the reporting requirements of Section 313 of Title ill of th SECTION 15 - REGULATORY INFORMATION SECTION 14 - TRANSPORT INFORMATION Dispose of contaminated absorbent, container, and unused contents in accordance with local, state, and feder SECTION 13 -DISPOSAL CONSIDERATIONS SECTION 12 - ECOLOGICAL INFORMATION PCT BY WT: 21-27 PCT BY WT: 1-7 UN/NA NUMBER: 1263 D.O.T. PLACARD: Flammable D.O.T. PROPER SHIPPING NAME: Paint R. 11-14-1990 R. 12-02-1987 R. 12-16-1993 R. 12-15-1988#