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Interpretation Response #04-0091 ([Univar USA, Inc., Chemcare] [Mr. Grant Ure])

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

Interpretation Response Details

Response Publish Date:

Company Name: Univar USA, Inc., Chemcare

Individual Name: Mr. Grant Ure

Location State: MO Country: US

View the Interpretation Document

Response text:

Nov 17, 2004


Mr. Grant Ure                 Reference No. 04-0091

Univar USA, Inc., Chemcare

8979 Seeger Industrial Drive

St. Louis, MO 63134

Dear Mr. Ure:

This is in response to your letter and subsequent telephone conversations with Ms. Eileen Edmonson of my staff and Mr. Steve Hwang of our Office of Hazardous Materials Technology asking how to apply the provision under § 173.24(b)(4) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Section 173.24(b)(4) prohibits a package from transportation if a hazardous material residue adheres to the outside of the package. Your questions relate to paint residues left on the outer sides of a. steel drum. We apologize for the delay in responding and any inconvenience this may have caused. Your questions are paraphrased and answered as follows:

Q1.      The painter wipes spilled paint from the top of a steel drum leaving behind a slightly visible amount of smeared paint. Is this package acceptable in transportation under the HMR?

Al.        Yes. Based on the information you provided, it is the opinion of this office that the dried paint smear on the outside of the drum no longer meets the definition of a flammable liquid or other hazard class under the HMR. Therefore, provided the package conforms to all other applicable requirements under the HMR, it may be offered for transportation.

Q2.      Paint drips down the front side of the steel drum and dries to a hard finish. Is this package acceptable for transport under the HMR?

A2.      Yes, f the same reasons as in answer Al.

Q3.      Paint (drips down the back side of the steel drum and dries to a tacky finish. Is this package acceptable for transport under the HMR?

A3.      No. As you stated in your telephone conversation with Mr. Hwang, paint dried to a tacky finish may meet the definitions of a "liquid" as prescribed in § 171.8 and of a Class 3 (flammable liquid) material as prescribed in § 173.120. In this case, the residue may not remain on the outer side of the package during transport.

I hope this information is helpful.



Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.24 General requirements for packagings and packages