Written on: August 1, 2024 by Nicholas Georges
There are a number of codes and regulations that can apply to the flammability classification of aerosol products in the U.S. While this usually depends on the aerosol’s product category, manufacturers and marketers must know which test to select for proper classification and compliance. However, it is also required for the safe manufacture, storage, transport and use of these products.
Consumer aerosol productsi that are used in or around the house, including garages and sheds, are regulated by the U.S. Consumer Product Safety Commission (CPSC) and either do not require a warning or can be classified as Extremely Flammable or Flammable. This is determined by the flame extension test, as detailed in the 16 CFR 1500.45, which measures the results of the distance from the flame projection, a flashback (a flame extending back to the dispenser) and the flashpoint when tested in accordance with the 16 CFR 1500.43a.
Workplace aerosol products are regulated by the U.S. Occupational Safety & Health Administration (OSHA) under the Hazard Communication Standard (HCS). As explained in a previous edition of Pressure Points, OSHA recently finalized amendments to the HCS, which include changes for how aerosol products are classified for flammability. These requirements can be found in the 29 CFR 1910.1200 Appendix B, which follows the United Nations (UN) Manual of Tests & Criteria.ii Manufacturers must select the appropriate tests depending on how the product is ejected from the product [container], choosing from the ignition distance test, enclosed space ignition test or the aerosol foam flammability test, as well as calculate the chemical heat of combustion.
Aerosol products classified as cosmetics or food are regulated by the U.S. Food & Drug Administration (FDA). They follow a testing and classification process that is similar to consumer products. Over-the-counter (OTC) drugs need to follow the specifications and requirements from the applicable OTC monograph, although the FDA has also used 16 CFR 1500.45 for many of these products.
The data requirements for pesticide products, which are regulated by the U.S. Environmental Protection Agency (EPA), are detailed in the Series 830–Product Properties Test Guidelinesiii The OPPTS 830.6315 covers the flame extension and points to the “Standard Method of Test for Flammability of Aerosol Products, ASTM D-3065”iv and the results coincide with those required by CPSC.
The shipping of aerosol products is regulated by the U.S. Dept. of Transportation (DOT) Pipeline & Hazardous Materials Safety Administration (PHMSA) and typically falls under a hazard class of Division 2.1 (flammable) or Division 2.2 (not flammable); however, there is also a Division 2.3 (toxic). To determine whether an aerosol product is a Division 2.1 or 2.2,v most products need to undergo the appropriate tests from the UN Manual of Tests & Criteria, similar to workplace products, unless the amount of flammable material, or lack thereof, and the heat of combustion automatically assigns the product into either Division.
The manufacture and storage of aerosol products is defined in NFPA 30B, Code for the Manufacture & Storage of Aerosol Products,vi which provides the minimum requirements for the prevention and control of fires and explosions in facilities that manufacture, store and display aerosol products. For most aerosol products in metal containers, there are three levels that are determined by the heat of combustion. Aerosol products in plastic containers are also classified by Levels1, 2, 3 or X because plastic aerosol products open differently in a fire than those in a metal container. However, for both plastic and metal containers, aerosol cooking sprays have their own category.
The disposal of aerosol products with leftover content is regulated by the EPA under the Resource Conservation & Recovery Act (RCRA), and the characteristics of ignitability for aerosol products can be found in 49 CFR 173.115(l). The determination of ignitability also uses the UN Manual of Tests & Criteria, which only applies to the disposal of aerosol products from retailers, manufacturers or workplace settings. Under RCRA, empty aerosol containers are not considered hazardous and can be accepted in recycling programs that accept these products. While consumers are not subject to the requirements under RCRA, they are strongly encouraged to recycle empty aerosols.
If readers have any questions or would like to learn more, please contact me at ngeorges@thehcpa.org. SPRAY
i 15 U.S. Code § 2052
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v 49 CFR 173.115
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