November 30, 2017

 

 

Ken Sumner

President

KWS Training, Inc.

P.O. Box 1381

Hillsborough, NC  27278

 

Reference No. 17-0098

 

Dear Mr. Sumner:

 

This letter is in response to your September 11, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the limited quantity exception for aerosols.  You describe a scenario in which pressurized metal canisters are filled with purified butane gas and used to refill small handheld tools.  The butane is stored in the canister as a liquefied gas but is expelled in liquid form.  You ask whether this can be considered an aerosol and be shipped under the exception in § 173.306(a)(3).

 

The answer is no.  In accordance with § 171.8, an aerosol is defined as an article consisting of any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.  A liquefied compressed gas packaged without a liquid, paste, or powder in the container does not meet the definition of an aerosol and, therefore, is not eligible for the exception.

 

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

 

 

 

Dirk Der Kinderen

Chief, Standards Development Branch

Standards and Rulemaking Division

 

173.306(a)(3), 171.8