Selection of Proper Shipping Name for Painting Wastes
Pipeline and Hazardous Materials Safety Administration · Jun 21, 2001 · Reference No. 01-0104
Interprets: 49 CFR § 172.101
Reggie’s quick take
The asker shipped rags and stirring sticks contaminated by liquid paint waste and asked if they could use the shipping name "Waste paint related materials, 4.1, UN 1263, PG II." The agency said no. Only a rule change or formal approval can add or change a shipping name entry, and a shipper can't use the new entry until that change takes effect. A material that is not a flammable liquid cannot be shipped as "Paint related material, 3, UN1263." If the waste is a flammable solid, the shipper must pick a different name tied to that hazard class, such as "Solids containing flammable liquid, n.o.s." (§ 172.101(c)(12)(i)).
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your letter, dated April 20, 2001, regarding the use of the proper shipping name, "Paint related material." In your letter you described a solid waste stream consisting of rags and stirring sticks that were contaminated by a liquid waste stream. Specifically you ask whether § 172.101(d)(2) authorizes a shipper to describe a paint related waste material as "Waste paint related materials, .4.1, UN 1263, PG II".
The answer is no. Under § 172.101(d)(2), a person may submit to the Associate Administrator for Hazardous Materials Safety data indicating that the hazard class for a specific entry should be modified. Upon review of such data RSPA may, through a rulemaking change or approval modify the shipping name entry. Only after such a rule change is finalized and becomes effective & or approval has been issued may a shipper use the revised shipping entry.
Division 4.1 (flammable solid) is not associated with the shipping name "Paint related material" and a material that does not meet the definition of a flammable liquid may not be described as "Paint related material, 3, UN1263." If your material meets the definition of a hazard class (e.g., flammable solid) other than the class associated with the proper-shipping name (e.g. "Paint related material"), you must select another shipping name listed in association with the correct hazard class (e.g., Solids containing flammable liquid, n.o.s.). See § 172.101(c)(12)(i).
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.