Compliance and Response Management — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration AUG 1 5 2000 Mr. Henry Renfrew Ref. No. 00-0159 Compliance and Response Management 25 Audette Drive Wallingford, CT 06492 Dear Mr. Renfrew: This is in response to your letter dated May 12, 2000, requesting assistance in selecting an appropriate proper shipping name and packaging requirements for a mixture of Liquefied Petroleum Gases (LPG), 80% Butane and 20% Isobutane (which are expelled from 2Q inner containers, 8 oz. - 227 gm, and used for heat/flame in small portable cooking appliances), under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The 2Q inner containers are packaged in an outer packaging containing approximately 12 cans. Your questions are paraphrased and answered as follows: Q1. Are the following descriptions the preferred or appropriate proper shipping name(s) for LPG containing 80% Butane and 20% Isobutane: "Petroleum gases", " Liquefied petroleum gas"; or "Liquefied petroleum gases"? A1. When a material is not specifically listed by name in the § 172.101 Hazardous Materials Table (§ 172.101 HMT), selection of a proper shipping name must be made from the general description entries corresponding to the specific hazard class, packing group, and subsidiary hazards of the material. In accordance with the § 172.101 HMT, the most appropriate proper shipping name(s) for the LPG blend would be: "Petroleum gases, liquefied" or "Liquefied petroleum gas" or " gases". Proper shipping names may be used in either the singular or plural (see § 172.101(c)(1) and (12)). Q2. Can the "Aerosols" description in the § 172.101 HMT be used for the LPG blend (expelled as a vapor from the container) and shipped under the limited quantity exceptions in § 173.306(a)(3) when it originates and is distributed in the United States by highway? A2. No. The exception in § 173.306(a)(3) is limited to aerosol containers not exceeding one liter capacity in which one or more gases are used to expel other material that is a liquid, paste or powder. A liquefied compressed gas (e.g., LPG blend) packaged without a liquid, paste, or powder in the container, is not eligible for the exception, and may not be described under the "Aerosols" description when shipped solely in domestic transportation by highway or rail. 000159 3#

Page 2• For aircraft and vessel shipments, except as provided for limited quantities of compressed gases in containers of not more than 4 fluid ounces capacity under § 173.306(a)(1), aerosols must meet the definition for "Aerosol" in § 171.8 (See §§ 171.11(d)(14) and 171.12(b)(17)). Q3. Are the packagings in § 173.304(d)(3)(ii) acceptable for the LPG blend (packaged in inner 2Q containers having less than a maximum capacity of 31.83 cubic inches and less than the maximum charging pressure of 45 p.s.i.g. at 70 degrees F. and 105 p.s.i.g. at 130 degrees F.)? A3. The containers in § 173.304(d)(3)(ii) are authorized for the LPG blend and may be used within the limits of quantity and pressures specified in the table shown in this paragraph. Such containers must be equipped with safety relief devices which will prevent rupture of the containers and dangerous projection of the closing devices when the containers are exposed to the action of fire. I hope this satisfies you inquiry. If we can be of further assistance, please contact us. Sincerely, Duhan Ho'llings Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3From: Henry Refrew. EMall hrenfrew@aol.com Fax: 203-284-2675 Voice: 203-265-7511 at DOT RSPA Haz Mat Standards To: Ed Muzzullo, Director Page 1 of 6 Monday, May 22, 2000 10:48:15 AM Henry Renfrew Compliance and Response Management 25 Audette Drive Wallingford, Connecticut 06492 Phone (203) 265-7511 Fax (203) 284-2675 Email hrenfrew@aol.com May 12, 2000 Engrum U.S. Department of Transportation $173.22 Research and Special Programs Administration Office of Hazardous Material Safety 00 - 0159 Office of Hazardous Materials Standards (DHM-10) Mr. Edward T. Mazzullo, Director 400 Seventh Street, S.W. Washington, D.C. 20690-0001 Ref: Proper Shipping Name and Packaging Requirements LP Gas Blend (Butane and Isobutane) - Expelling Vapor - 2Q container Dear Director Mazzullo: The purpose of this letter is to request assistance from DOT RSPA in determining (1) the preferred proper shipping name, per 172.101(a), and (2) packaging requirements, per 173 for a mixture or blend of two liquefied petroleum gases containing approximately 80% Butane and 20% Isobutane in 2Q containers with a relief device (8 oz - 227 gm average). The LP-Gases vapors in the containers are expelled and used for heat / flame in small portable cooking appliances. These containers are usually packaged in outer packaging containing approximately 12 cans or containers. (1) PROPER SHIPPING NAME Both Butane and Isobutane are listed in the Table and both contain the phrase see also Petroleum gases, liquefied Packaging 173* Haz Mat Description and HC ID# Special Exception Nonbulk Proper Shipping Name Provision 2 3 4 7 8A 8B Butane, see also 21 UN1011 19 306 304 Petroleum gases, liquefied Isobutane, see also 2.1 UN1969 19 306 304 Petroleum gases, DO00512.DOC Page 1 -#

Page 4From: Henry Restrew, EMal hrentrew@aol.com Fax 203284-2675 Voice: 203-265-7511 at DOT RSPA Haz Mat Standards To: Ed Muzzullo, Director Page 2 0f6 Monday, May 22, 2000 10:49:20 AM : • H. Renfrew Letter to DOT RSPS Dated May 12, 2000 liquefied The entry in the table for Petroleum gases, liquefied is: Packaging 173* Haz Mat Description and Special Exception Nonbulk Proper Shipping Name Provision 2 3 4 7 8A Petroleum gases, 2.1 UN1075 306 304 liquefied or Liquefied petroleum gas In trying to determine the most appropriate shipping description, the following Proper Shipping Names (PSNs) were also considered and rejected. PSNs from HM Table Rejected / Reason Flammable compressed gas, see Refers you to Liquefied gas Compressed or Liquefied gas, flammable, etc. Liquefied gas, flammable, n.o.s. PSN - Petroleum gases, liquefied or Liquefied petroleum gas is more specific (See Table) Flammable compressed gas (small Not sure what the meaning of receptacles not fitted with a dispersion "dispersion device is. device, not refillable), See Receptacles, etc. See comment Receptacles Receptacle, small, containing gas (gas By design, the 2Q containers have a cartridges) flammable, without release safety relief device per 173.304 (d)(i) device, non refillable and not exceed 1 L Note 2. Rejected because of the release capacity device. PSN "Butane". - Comment: 172.101(c)(14) states "A proper shipping name that describes all isomers of a material may be used to identify any isomer of that material if the isomer meets criteria for the same hazard class or division, subsidiary risks) and packing group, unless the isomer is specifically identified in the Table". Because Isobutane is listed in the table, 172.101 (c)(14) prohibits using just "Butane" as a shipping name. PSN "Butane Mixture or Solution" - Comment: Section 172.101 (c)(10)(ii) addresses mixtures or solution with two or more hazardous materials in the same hazard class DO00512.DOC Page 2 -#

Page 5From: Henry Rentrew. EMail hrentrew@aol.com Fax 203-284-2675 Volce: 203-255-7511 at DOT RSPA Haz Mat Standards To: Ed Muzzullo, Director Page 3016 Monday. May 22, 2000 10:49:59 AM H. Renfrew Letter to DOT RSPS Dated May 12, 2000 requiring use of the most appropriate shipping description. Butane and Isobutane are both Hazard Class 2.1. Most appropriate Proper Shipping Name With both Butane and Isobutane in the HM Table, referring the user to "Petroleum gases, liquefied", it would appear that this entry in the table is the most appropriate or would be DOT's preferred proper shipping name per Section 172.101 (c)(10)iii). Packaging 173* Haz Mat Description and HC ID # Special Exception Nonbulk Proper Shipping Name Provision 2 3 4 7 8A Petroleum gases, 2.1 UN1075 306 304 liquefied or Liquefied petroleum gas It is unclear if this entry is intended to represent a mixture or solution of two LP-Gases. However, 172.101(e)(1) states the proper shipping name may be used in the singular or plural. 172.101(c)(10)(iii) states that additional information from subparts C and D (technical names of at least two components most predominately contributing to the hazards) may be required for mixtures or solutions. Per 172.203(k)(1) "containing Butane and Isobutane" would be required as part of the proper shipping name, however, per 172.203(k)(iii) Butane and Isobutane would not be required as part of the PSN if LP-Gases was considered by DOT as the name of the "Chemical Element or Group" which is primarily responsible for the material being included in the hazard class. The National Fire Protection Association Standard NFPA 58 entitled the "LP-Gas Code" dated 1998 defines Liquefied Petroleum Gas(LP-Gas) as "Any Material having a vapor pressure not exceeding that allowed for commercial propane composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane), and butylenes". Questions #1 Therefore, based on the requirement in 172.101(a) to determine the preferred proper shipping name, I am asking DOT if based on the above information regarding this blend of LP-Gases, if the following proper shipping names are in fact the DOT preferred proper shipping names: Petroleum gases, or Liquefied petroleum gas, or Liquefied petroleum gases (plural per 172.101(e)(1)) DO00512.DOC Page 3#

Page 6From: Henry Rentrew, EMall hrentrew@aol.com Fax 203284-2675 Voice: 203-265-7511 at DOT RSPA Haz Mat Standards To: Ed Muzzullo, Director Page 1 of 6 Monday, May 22, 2000 10:50:42 AM H. Renfrew Letter to DOT RSPS Dated May 12, 2000 appropriate and acceptable to DOT. If the above shipping names are not, what other proper shipping name(s) would be (2) PACKING REQUIREMENTS Packaging 173* Haz Mat Description and HC ID# Special Exception Nonbulk Proper Shipping Name Provision 2 3 4 7 8A 8B Butane, see also 2.1 UN1011 19 306 304 Petroleum gases, liquefied Isobutane, see also 2.1 UN1969 19 306 304 liquefied Petroleum gases, : Petroleum gases, 21 UN1075 306 304 liquefied or Liquefied petroleum gas PACKING EXCEPTION - 49 CFR 173.306 Limited quantities of compressed gases. The Haz Mat Table for all three entries refers the user to 173.306 for Packaging exceptions Based on a review of the 173.306, this mixture or solution appears to not qualify for any of these exceptions. Specifically, 173.06(a)(3) applies only to expelling liquid, paste or powder. See DOT letter from Director Mazzullo to a Mr. Shaw of Claire Manufacturing Company (pdf file 07701) dated May 18, 1995 which states - "this exception was never intended to address one or more gases packaged by themselves. For a given container size, liquefied gases packaged by themselves would pose greater stored energy and, when flammable, a greater fire risk than smaller volume of gases used to expel a liquid, paste or solid. Liquefied compressed gases (see 173.115(e) are not "liquids" for purposes of paragraph 173.306(a)(3) exception, regardless of the fact that they may be present in both a gaseous and liquid phase when contained under pressure. A compressed or liquefied gas, packaged without a liquid, paste or powder in the container, is not eligible for this exception" Please Note: I was recently informed that the ICAO and/or IMDG includes GASES being expelled in addition to liquid, paste and solids and therefore international shipments would DO00512.DOC Page 4#

Page 7From: Henry Renfrew, EMall hrenfrew@aol.com Fax 203-284-2675 Voice: 203-265-7511 at DOT RSPA Haz Mat Standards To: Ed Muzzullo. Director Page 5 of Monday, May 22, 2000 10.51:22 AM H. Renfrew Letter to DOT RSPS Dated May 12, 2000 apparently qualify under some condition for and be considered Aerosols whereas domestic International shipments into the United States under the Aerosol definition can be shipped shipments can not use 173.306(a)(3) because "gases" is not included. Apparently, to their final destination via ground transportation and warehoused. When these "packages" using the Aerosol Shipping Name are warehoused and then shipped domestically to users, the Aerosol Shipping Name can not be used for domestic highway shipment. Questions #2 Therefore, based on these 2Q containers expelling an LP-Gas blend as vapor, I am asking DOT if domestic highway shipments originating and distributed within the United States can use the Aerosol shipping name and qualify for 173.306. PACKING NONBULK - 49 CFR 173.304 Charging of cylinders with liquefied compressed gas. Based on filling density, other chemical properties and pressure of the LP-Gas blend section (d)(3)(ii) of 173.304 applies: 173.304(d) Requirements for liquefied petroleum gas. (3) Liquefied petroleum gas must be shipped in specification containers as follows: (i) Additional containers may be used within the limits of quantity and pressure as follows: Maximum capacity Type of container Cubic Gallons Maximum charging pressure-p.s.i.g. inches DOT-2P or DOT-2Q 31.83 45 p.sig. at 70° F. and 105 p. sig. at 130° (see Note 1) F. (see Note 2). Note 1: Containers must be packed in strong wooden or fiber boxes of such design as to protect valves from injury or accidental functioning under conditions incident to transportation. Each completed container filled for shipment must have been heated until contents reached a minimum temperature of 130° F., without evidence of leakage, distortion, or other defect. Each outside shipping container must be plainly marked "INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS." Note 2: Containers must be equipped with safety relief devices which will prevent rupture of the containers and dangerous projection of the closing devices when the containers are exposed to the action of fire. DO00512.DOC Page 5#

Page 8From: Henry Reptrew, Email hrentrew@aol.com Fax 203-284-2675 Voice: 203-265-7511 at DOT RSPA Haz Mat Standards To: Ed Muzzulfo. Director Page 6 o1 6 Monday. May 22, 2000 10:52:04 AM H. Renfrew Letter to DOT RSPS Dated May 12, 2000 Questions #3 inches and less than the maximum charging pressure - p.s.i.g. in the table above, I Therefore, based on a LP-Gas blend in fhese 2Q containers less than 31.83 cubic am asking DOT if the packaging requirements are in fact 173.304(d)(3)(ii). If closing, 1 am asking for help from DOT in answering these three important technical information in order to answer these questions, please feel free to questions to ensure compliance with DOT regulations. If you need any general or contact me by phone, fax or email. Sincerely, Henry Reufsca Henry Renfrew DO00512.DOC Page 6#