Interpretation Response #03-0189 ([Varn International] [Ms. Lee Tipton])

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

Interpretation Response Details

Response Publish Date: 12/22/2003

Company Name: Varn International

Individual Name: Ms. Lee Tipton

Location State: TX Country: US

View the Interpretation Document

Response text:

Dec 22, 2003

Ms. Lee Tipton               Reference No. 03-0189

Varn International

14000 Westfair East Drive

Houston, TX 77041

Dear Ms. Tipton:

This is in response to your request for clarification of your understanding of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding mixtures of hazardous materials. Specifically, you ask the following related questions: 1) Does a mixture of three hazardous constituents (toluene, isopropanol and hexane) require at least two of the constituents to be listed in parentheses following the proper shipping name ("Flammable liquid, n.o.s.(toluene, hexane)" and 2) Does a product containing one hazardous component (listed in the Hazardous Materials Table (HMT)) mixed with a non-hazardous material require only the hazardous component in parentheses following the proper shipping name, or must the non-hazardous material also be listed?

You are correct that for mixtures and solutions containing more than one hazardous material, § 172.203(k) (1) requires the technical names of at least two components most predominately contributing to the hazards of the mixture or solution to be listed when the material is described by a proper shipping name identified by the letter "G" in Column (1) of the HMT.

Therefore, if toluene and hexane are the two components that most predominately contribute to the hazard of your mixture, the proper shipping name "Flammable liquid, n.o.s. (toluene, hexane)" is correct.

For mixtures and solutions containing one hazardous component that is listed in the HMT by technical name and one or more non-hazardous materials, the product must be described using the proper shipping name of the hazardous component with the qualifying word "mixture" or "solution," unless one of the conditions in §. 172.101(c) (10) (i) is met. When one of the conditions in paragraph (c) (10) (i) is met, the most appropriate generic or n.o.s. proper shipping name may be used and only the hazardous comp9nent is required in parentheses following the proper shipping name, as stated in your letter.

I hope this information is helpful. Please contact this office if you have additional questions.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.101

Regulation Sections