Aristech Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1IS. Departmen Nashington, D.C. 100 Seventh Street, S.W f Transportatio 20590 Special Programs Research and Administration OCT 16 2001 Mr. Mike Alston Reference No: 01-0250 Manager Regulatory Compliance-Chemicals Aristech Chemical Corporation 200 Neville Road Pittsburgh, PA 15225 Dear Mr. Alston: This is in response to your letter concerning the proper shipping name for phthalic anhydride with less than .05 % maleic anhydride. Specifically you asked whether you should describe the material as "Elevated temperature liquid, n.o.s., (phthalic anhydride), 9, UN 3257, !!!, 3082, MI, RQ." The phthalic anhydride has a reportable quantity of 5000 pounds and is RO" or "Hot Environmentally hazardous substances, n.o.s., (phthalic anhydride), 9, UN shipped at a temperature of 280 °F, which is below the material's flashpoint of 305 °F. Either shipping name may be used. The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) state that a material not specifically identified by name in the Hazardous Materials Table must be described by the shipping name that "most appropriately describes" the material (see § 172.101(c)(12)(ii)). In some cases, more than one shipping name could "most appropriately describe" a material. In those instances, a shipper has the discretion to decide which shipping name to use. I hope this information is helpful. Sincerely, Transportation Regulations Specialist. Office of Hazardous Materials Standards 010250#

Page 2SUNDED 200 Neville Road Corbin Chemicals Pittsburgh, PA 15225 $/73.140 Definition September 18, 2001 01-0250 Research and Special Programs Administration U.S. Department of Transportation Office of Hazardous Materials Standards Washington, DC 20590 400 Seventh Street S.W. Attn: Mr. Ed Mazzullo Dear Mr. Mazzullo: tank car and was asked to write a letter to RSPA to resolve the matter. The material is phthalic anhydride Recently I was questioned on the proper classification of one of the products we manufacture and ship by with less than .05% maleic anhydride and; therefore, not specifically listed in §$ 172.101. Phthalic he flash point of 305 F. The basic description that I use to classify the material is Anhydride has a reportable quantity of 5000 Ibs and is shipped at a temperature of 280 F, which is belov Elevated Temperature Liquid, NOS, (phthalic anhydride) 9, UN3257, LI, RQ I was informed that the correct classification should be: Hot Environmentally Hazardous Substances, NOS, (phthalic anhydride), 9, UN3082, ILI, RQ regulation $$173.140, a definition of a class 9 material is a material which presents a hazard during Although I see the merit to the latter classification, I believe that the original classification is correct. By transportation but which does not meet the definition of any other hazard class. This includes: §§173.140 aterial, a hazardous substance, a hazardous waste, or a marine pollutant. I view the elevated temperatu ) Any material that meets the definition in §§171.8 of this subchapter for an elevated temperatu characteristic to pose the immediate danger and therefore I believe that the current classification as an Could you please comment on this. Elevated Temperature Liquid is correct. Regards Mike Alston Mgr-Regulatory Compliance-Chemicals#