Interpretation Response #17-0110

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05/31/2018

Company Name: Industrial Health & Safety Consultants, Inc.

Individual Name: Denese A. Deeds, CIH, FAIHA, SDSRP

Location State: CT Country: US

View the Interpretation Document

Response text:

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 aerosol under the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), the International Civil Aviation Organization Technical Instructions for the Safe 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(f)(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 specifically authorized for transport under the HMR. Depending on the hazardous material, this may require a special permit. Special permits may authorize relief from a requirement in the HMR 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,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

Regulation Sections