Mississippi Transport, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administration Special Programs DEC 1 9 2000 Mr. Thomas H. Hamilton Director of Safety Ref. No. 00-00270 Mississippi Transport, Inc. P.O. Box 209 Stillwater, MN 55082 Dear Mr. Hamilton: This responds to your letter regarding the classification of a petroleum product (fuel oil #6) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the railroad grade stopping requirement under the Federal Motor Carrier Safety Regulations (EMCSR; 49 CFR Parts 390-397). Your question concerning the railroad grade stopping requirement is being referred to the Federal Motor Carrier Safety Administration answered (EMCSA) for response. Your HMR inquiry is paraphrased and as follows: Q. flashpoint of 250°F. The product is loaded and transported We transport a petroleum product (fuel oil #6) with a at a temperature of 230°-250°F. Please confirm whether this product is either a flammable liquid, combustible liquid, or an elevated temperature material. A. Based upon your description of the product, it is an as a material in a liquid phase with a flash point at or above 37.8 C (100 F) that is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging. See definition in $ 171.8. The product does not meet the definition in S 173.120 (b) (1) and (2) of a combustible liquid, which is defined as a liquid, not meeting any other hazard class in the HMR, having a flashpoint above 100°F and below 200°F. The product's hazard class would be determined based upon the temperature at which the product is loaded or offered for transportation. If the product is loaded or transported at a temperature at or above 250°E, it would be properly described as "Elevated temperature liquid, flammable, n.o.s., Class 3, UN3256, Section 173.120(a) defines a flammable liquid temperature material as any material in a flashpoint at or above 100°F that is intentionally heated and offered for transportation or transported at or above its flashpoint in a bulk packaging. 00-0270#

Page 2If the product is loaded or transported at a temperature below 250°E, it would be properly described as "Elevated Class 9 elevated temperature liquid is a liquid that is temperature liquid, n.o.s., Class 9, UN3257, PGIII." intentionally heated and offered for transportation or flashpoint. transported at a temperature at or above 100°F and below its See the definition of elevated temperature material in § 171.8 and the definition of Class 9 in $ 173.140 (b) - I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Title e. mothel Hattie I. Mitchell Chief, Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3Stevens 8172-560 MISSISSIPPI TRANSPORT, INC. Rope Shipoin Placarding Tamp u 00-0270 September 21,2000 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards USDOT/RSPA/DHM/10 400 7th St. SW Washington, DC 20590 Dear Mr. Mazzullo: I am the Safety Director of a petroleum motor carrier in the state of Minnesota. Recently, Koch Petroleum Products, 12555 Clayton Ave., Hastings, MN 55033, a Retiner and Supplier of petroleum products in our area, changed the proper shipping description of a product that we have been hauling for years as a class 3 flammable. I am concerned about this change in description and request clarification in writing from your office to put my concern at rest. In past years we have transported number 6 Industrial Fuel Oil as a Class 3, NA1993, Packing Group Ill. This product is normally loaded at the refinery at a temperature of 230 to 250 degrees Fahrenheit. The refinery claims lowest flashpoint to be 250 degrees. I have been informed that beginning this date the proper shipping description will become "Elevated Temperature Liquid, n.o.s., Class 9, UN3257, PCIl". My concern here is that until this date the product has been described as "Fuel Oil (No. 1, 2,3,5, or 6), Class 3, NA1993, GIli and we have operated under this shipping name. The Hazardous Material Table has this description. If it is considered a flammable class 9 product? 3 product when described as "fuel oil #6" how can it now become a non-flammable class Please advise the correct regulation and placarding for transporting this product. I also request a clarification of regulation 392.10 Railroad grade crossings; stopping required. In the above issue if #6 fuel oil is now an "Elevated Temperature Liquid", a driver transporting this product (or any similar class 9 black oil product) would not be class 9, the exemption of class 9 from 392.10, paragraph 3 would seem to indicate that required to stop at a railroad grade. 392.10, paragraphs 4 and 6 appear to override the exemption of transporting a class 9 understanding of paragraphs 4 and 6 I have instructed our drivers to always stop at product if the product is transported in a cargo tank trailer. Based upon my interpretation? railroad grades with an exempt class 9 black oil product. Am I correct in this#

Page 4Thank you for your assistance. Thomas i tarreli Thomas H. Hamilton Director of Safety P.O. Box 209 Mississippi Transport, Inc. 651-439-5773 Stillwater, MN 55082 - --#

Page 5§ 392.10 ject does not obscure the driver's view ahead or to the right (3) The commercial motor vehicle's cargo or any other ob- is safe to do so, the driver may drive the commercial motor or left sides, interfere with the free movement of his/her vehicle across the tracks in a gear that permits the com- sories required for emergencies, or prevent the free and arins or legs, prevent his/her free and ready access to acces- mercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while cle's cab or driver's compartment. ready exit of any person from the commercial motor vehi- crossing the tracks. (1) Every bus transporting passengers. vided in paragraph (b)(4) of this section, the driver of a (b) Drivers of trucks and truck tractors. Except as pro- quantity of a Division 2.3 chlorine. (2) Every commercial motor vehicle transporting any. truck or truck tractor must- with the regulations of the Department of Transportation, (3) Every commercial motor vehicle which, in accordance graph (a) of this section have been complied with before he/ (1) Assure himself/herself that the provisions of para- is required to be marked or placarded with one of the fol- she drives that commercial motor vehicle; lowing classifications: load-securing devices within the first 25 miles after begin- (2) Examine the commercial motor vehicle's cargo and its (i) Division 1.1 (ii) Division 1.2, or Division 1.3 cargo or load-securing devices (other than steel strapping) ning a trip and cause any adjustments to be made to the (iv) Division 4.3 (ii1) Division 2.3 Poison gas as may be necessary to maintain the security of the com- (v) Class 7 mercial motor vehicle's load; and (vil) Division 5.1 (vi) Class 3 Flammable (3) Reexamine the commercial motor vehicle's cargo and its load-securing devices periodically during the course of (viii) Division 2.2 the cargo or load-securing devices (other than steel strap- transportation and cause any adjustments to be made to (x) Division 6.1 Poison (ix) Division 2.3 Chlorine ping) as may be necessary to maintain the security of the (xi) Division 2.2 Oxygen commercial motor vehicle's load. A periodic reexamination (xii) Division 2.1 and any necessary adjustments must be made (xiv) Division 4.1 (xiii) Class 3 Combustible liquid (i) When the driver makes a change of his/her duty sta- (xvi) Division 5.2 (xv) Division 5.1 (il) After the commercial motor vehicle has been driven (xvii) Class 8 for 150 miles, whichever occurs first. (iii) After the commercial motor vehicle has been driven (xviii) Division 1.4 empty, used for the transportation of any hazardous mate- (4) Every cargo tank motor vehicle, whether loaded or of a sealed commercial motor vehicle who has been ordered (4) The rules in this paragraph do not apply to the driver rial as defined in the Hazardous Materials Regulations of not to open it to inspect its cargo or. to the driver of a vehicle of this title. the Department of Transportation, Parts 107 through 180 that has been loaded in a manner that makes inspection of its cargo impracticable. modity which at the time of loading has a temperature (5) Every cargo tank motor vehicle transporting a com- June 27, 1972; 38 FR 23522, Aug. 31, 1973; 60 FR 38739, [36 FR 18863, Sept. 23, 1971, as amended at 37 FR 12642, above its flashpoint as determined by § 173.120 of this title. July 28, 1995; 63 FR 33278, June 18, 1998] empty, transporting any commodity under exemption in ac- (6) Every cargo tank motor vehicle, whether loaded or § 392.9a [Reserved] cordance with the provisions of subpart B of part 107 of this [36 FR 8452, May 6, 1971; 59 FR 60319, November 23, 1994] (1) A streetcar crossing, or railroad tracks used exclusive- (b) A stop need not be made at: § 392.9b [Removed] ly for industrial switching purposes, within a business dis- [36 FR 12857, July 8, 1971; 60 FR 38739, July 28, 1995; 63 trict, as defined in § 390.5 of this chapter. FR 33278, June 18, 1998] crossing flagman directs traffic to proceed. (2) A railroad grade crossing when a police officer or Part Subpart B-Driving of Vehicles highway traffic signal transmitting a green indication (3) A railroad grade crossing controlled by a functioning 392 § 392.10 Railroad grade crossings; stopping re- which, under local law, permits the commercial motor vehi- quired. cle to proceed across the railroad tracks without slowing or the driver of a commercial motor vehicle specified in para- (a) Except as provided in paragraph (b) of this section, stopping. marked with a sign indicating that the rail line is aban- (4) An abandoned railroad grade crossing which is railroad track or tracks at grade unless he/she first: Stops graphs (a) (1) through (6) of this section shall not cross a doned. the commercial motor vehicle within 50 feet of, and not marked with a sign reading "Exempt." Such "Exempt" (b) An industrial or spur line railroad grade crossing looks in each direction along the tracks for an approaching closer than 15 feet to, the tracks; thereafter listens anc propriate State or local authority. signs shall be erected only by or with the consent of the ap- train; and ascertains that no train is approaching. When it 221#

Page 6MATERIAL SAFETY DATA SHEET SpragueS. PUT OUR ENERGY TO WORK FOR YOU. #6 FUEL OIL Tel (603) 431-1000 FAX (603) 431-6371 195 Hanover St., Portsmouth, NH 03801 Revised 10/97. Reformatted 4/99. An Axel Johnson, Inc. Company Page 1 of 4. "SECTION 1- MATERIAL IDENTIFICATION "24 HOUR EMERGENCY *" PRODUCT / INFORMATION CHEMICAL NAME #6 FUEL OIL prague: hemtrec 800-424-9300 603-431-1000 PRODUCT / CHEMICAL SYNONYMS FUEL OIL, RESIDUAL FUEL BUNKER C FUEL, UTILITY HMIS / NFPA HAZARD RATING OIL #6 2 FIRE 4=EXTREME 0 FORMULA CHEMICAL FAMILY / 3=SERIOUS AROMATIC PETROLEUM OIL 1=SLIGHT 2=MODERATE REACTIVITY O=MINIMAL OTHER MATERIAL USE OR OCCURRENCE INDUSTRIAL FUEL OIL HEALTH SECTION 2 - INGREDIENTS COMPONENT % C.A.S. NO. OSHA PEL OSHA ACGIH STEL TLV OTHER Consisting of a complex mixture of NO. 6 FUEL OIL 100 004 68-553- mineral oi 6 mg/M? 5 mg/M° paratinic, olefinic, and naphthenic mist) hydrocarbons, plus fused polycyclic benzene solubles. hydrocarbons (C10 and higher) as SECTION 3-PHYSICAL DATA 12704 BOILING POINT: VAPOR PRESSURE (mm Hg): 400°-1200°F (204º-649°C) % VOLATILITY BY VOLUME: N/A SPECIFIC GRAVITY (H20 = 1): VAPOR DENSITY (AIR = 1): 6 EVAPORATION RATE (n-butyl acetate = 1): None determined. -9402 - 1.00 SOLUBILITY IN WATER: Insoluble. APPEARANCE & ODOR: Thick heavy combustible liquid, black asphaltic odor. M SECTION 4 - FIRE AND EXPLOSION HAZARD DATA FLASH POINT: 150°-270° F (66°-132° C) (Tag. Closed Cup) FLAMMABILITY LIMITS IN AIR (% BY VOL.) LEL: 3.9 | AUTOIGNITION TEMP: 765° F EXTINGUISHING MEDIUM: Dry chemical, foam, carbon dioxide. UEL: 20.1 SPECIAL FIRE FIGHTING PROCEDURES: Do not use water on a 6 oil fire in a tank or other containers since it may cause violent oil which is above the boiling point of water. Consult NFPA 11 for additional information.#

Page 7: MATERIAL SAFETY DATA SHEET SpragueS #6 FUEL OIL Revised 10/97. Reformatted 4/99. Page 2 of 4. SECTION 5 - HEALTH DATA TOXICOLOGICAL TEST DATA: Oral rat; LD50 RESULTS: 5300 mg/kg (NIOSH RTECS July 1993) ACUTE HEALTH EFFECTS CHRONIC HEALTH EFFECTS INHALATION Irritation of respiratory tract mucous menbranes, nausea, CNS depression, pulmonary edema. Irritation of respiratory tract mucous membranes, possible mild chemical pneunomitis with high concentrations INGESTION Irritation of gastrointestinal tract. Larger quantities depression. can cause nausea and central nervous system No known effects. SKIN CONTACT May cause skin irritation. result in skin disorders and potential Repeated or prolonged skin contact can sensitization. EYE CONTACT Irritation of cornea and/or conjuctiva. No known effects. FIRST AID PROCEDURES INHALATION: Remove from vapor to fresh air. If breathing has stopped give artificial respiration. Maintain airway and bloo performed by qualified personnel. Get medical attention immediately. ressure and administer oxygen if available. Keep affected person warm and at rest. Administration of oxygen should be INGESTION: DO NOT INDUCE VOMITING or give anything by mouth to an unconscious person. Get medical attention immediately. SKIN CONTACT: Promptly remove contaminated clothing. Wash skin with soap and water. If irritation develops, seek medical chemical remains (approximately 15-20 minutes). If irritation develops, seek medical aid. EYE CONTACT: Flush eyes immediately with large amounts of water, occasionally lifting upper and lower lids until no evidence of I SECTION 6 - REACTIVITY DATA STABILITY: HAZARDOUS POLYMERIZATION: Hazardous polymerization has not been known to occur under normal Stable under normal temperatures and pressures. CONDITIONS TO AVOID: All sources of ignition (smoking, heat, flames, sparks). INCOMPATIBLES: Strong oxidants, e.g., chloring and concentrated oxygen. Carbon monoxide and other unidentified organic compounds may be formed#

Page 8MATERIAL SAFETY DATA SHEET SpragueS #6 FUEL OIL Revised 10/97. Reformatted 4/99. Page 3 of 4. RESPIRATORY PROTECTION: SECTION 7 - SPECIAL PROTECTION Use with adequate ventilation. For large spills or when compleung work in contined spaces, use a mask with an organic VENTILATION LOCAL EXHAUST: vapor cartridge or positive pressure air supplied (SCBA) unit MECHANICAL Outdoors, work upwind. EYE PROTECTION: (General): Recommended for use in enclosed or semi-enclosed work areas. PROTECTIVE GLOVES: Splash goggles or shields with safety glasses EQUIPMENT: OTHER PROTECTIVE CLOTHING OR Recommended to minimize contact. Neoprene, PVC. equipment to prevent repeated or prolonged skin contact with Employee must wear appropriate impervious clothing and this substance. SECTION 8 - SPECIAL PRECAUTIONS PRECAUTIONS FOR SAFE HANDLING AND STORAGE: of ignition. Prohibit eating, drinking, and the use of tobacco in the Avoid excessive inhalation or skin contact. Isolate from sources present. Avoid prolonged contact with exposed skin and sunlight immediate area of asphalt use or where asphalt fumes are SPILL AND LEAK PROCEDURES: - photosensitization reactions may occur. hazard area. Isolate hazard area and restrict entry. If properly Shut off ignition sources (no smoking, shut off flames or flares in trained, proceed with the following measures: 1. For small spills, take up with sand or other absorbent material and place into containers for later disposal; and, water courses and/or ground water. Observe local, state, and 2. For large spills, dike far ahead of spill to prevent entrance into WASTE DISPOSAL METHOD federal governmental regulations. safety and environmental laws and regulations. Recycle or dispose of in accordance with local, state, and federal SECTION 9 - DOT HAZARDOUS MATERIAL INFORMATION PROPER SHIPPING NAME: FUEL OIL (#6) FLAMMABLE REQUIRED PLACARDING: 1993 FLAMMABLE OR COMBUSTIBLE / HAZARD CLASS: PACKING GROUP CLASS 3 (Flammable liquid) N.A/U.N. NUMBER: NA 1993 (P.G.): III HAZARDOUS SUBSTANCE / RQ: NOT AVAILABLE | SHIPPING DESCRIPTION: FUEL OIL (#6), 3, NA 1993, PG III as co This roduct he predate are combusy be wiener see are a by andy. reassed. SECTION 10 - EPA SARA TITLE III INFORMATION SECTION 311/312 ACUTE: YES HAZARD CLASSIFICATION: FIRE: YES | PRESSURE: NO I CHRONIC: YES REACTIVE: NO SECTION 11 - REMARKS None#

Page 9MATERIAL SAFETY DATA SHEET Sprague S #6 FUEL OIL Revised 10/97. Reformatted 4/99. Page 4 of 4. SECTION 12 - ADDITIONAL REGULATORY DATA REPORTABLE COMPONENTS: FEDERAL EPA % SARA RQ CERCLA RCRA NO. N/A RQ unfamiliar, no responsibility is assumed for the results of its use. The person receiving this information shall make his#

Page 10MISSISSIPPI TRANSPORT, INC. $0.330 2930 Quant Ave. No. $0. Stillwater, MN 55082 P.O. Box 209 EI SEE 11 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards USDOT/RSPA/DHM/10 400 7th St SW Washington, DC 20590 -#