{"operation":"document","citation":"04-0014","title":"Jet-Lube, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-02-12","effective_on":null,"summary":"04-0014 response to Jet-Lube, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040014.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nFED 12 2004\nMr. Donald A. Oldiges\nRef. No. 04-0014\nTechnical Director\nJet-Lube, Inc.\n4849 Homestead Rd., Suite 200\nHouston, TX 77028\nDear Mr. Oldiges:\nThis is in response to your January 19, 2003 letter regarding the classification of copper metal powder\nas a marine pollutant under the Hazardous Materials Regulations (HMIR; 49 CFR Parts 171-180).\nSpecifically, you state your product, a controlled friction thread compound, contains less than 10%\nmetallic copper powder as well as graphite and other solid boundary lubricants in a highly water\nresistant grease carrier. You provide toxicity test results for this product, but do not indicate the mode\nof transportation. You ask whether this thread compound, and a second product, require marine\nhazardous labeling and handling.\nSection 173.22 requires a shipper to properly class and describe the hazardous material in accordance\nwith Parts 172 and 173 of the HMR. This Office does not perform that function. As defined in\n§ 171.8, a marine pollutant is a material which is listed in appendix B to § 172.101 of this subchapter\n(also see § 171.4) and, when in a solution of or mixture of one or more marine pollutants, is packaged\nin a concentration that equals or exceeds: (1) ten percent by weight of the solution or mixture for\nmaterials listed in the appendix, or (2) one percent by weight of the solution or mixture for materials that\nare identified as severe marine pollutants in the appendix.\nCopper metal powder is found in appendix B to § 172.101, list of marine pollutants, as a severe marine\npollutant. If you are transporting this material by water, you are subject to the marking requirements of\nthe HMR for marine pollutants\nI hope this information is helpful.\nSincerely,\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n11372\n040014\n\n<<<PAGE 2>>>\n\nFoster\nJet-Lube, Inc.\n$173.22\n4849 Homestead. Rd., Suite 200\nJET-LUBE®\nHouston, TX 77028\nClassification\nFax: 713-678-4604\nTel: 713-674-7617\nE-Mail: lab@jetlube.com\n04-0014\nFax\nTo:\nHazardous Materials Standards, RSPA\nMr. Edward Mazzullo, Director of Office of\nFrom: Donald A. Oldiges\nFax:\n202-366-3012\nDate: 01/19/04\nRe:\nInterpretation Request\nPages:\n12-\nWe are finding it increasingly difficult to ship our cilwell drilling products based upon the addition\nof copper-metal powder to the 49 CFR part 172.101 annex around the year 2000. Our product\nis a controlled friction thread compound for use on oilwell drill string connections. It provides the\nproperties to reduce connection failures while drilling. Our products KOPR-KOTE® and JET-\nfilm strength to resist galling under high contact stresses and provides controlled frictional\nLUBE 21 contain less than 10% metallic copper powder as well as graphite and other solid\nboundary lubricants in a highly water resistant grease carrier.\nKOPR-KOTE has been the standard water well drilling thread-protecting compound in the\nmany toxicity tests on our product in an effort to determine whether our product rightly\nUnited States for more than 25 years. Due to very strict environmental pressures, we have run\ngenerates either occupational health or environmental concerns. Since it does not, it provides\nsuch as these arise. I fully support the use of key elements as a screening mechanism where\nsupporting documentation of the test methods and results for regulatory groups when concerns\ntoxicity is an issue and actual test data is not available. Where the testing has been done,\n(nontoxic).\nhowever, there must be a means to override the initial screen where data shows the converse\nthe data to provide an interpretation as to whether our thread compounds KOPR-KOTE and\nI am writing you in hopes that you can thoroughly review the attached documentation and use\nJET-LUBE 21 require marine hazardous labeling and handling. As stated earlier, these\nproducts do contain micron-sized copper flake in an extremely water resistant grease carrier,\neach product with a specific gravity greater than 1.0. Therefore, if spilled, the product would\ndegrade very slowly in seawater (based upon the attached data) such that toxic conditions\nwould not likely develop due to the encapsulation of the copper particles in the grease carrier.\nNote: In the lab tests, the product was dispersed using blenders in some cases.\n\n<<<PAGE 3>>>\n\nPage 2\nJanuary 16, 2004\nprovide authorities with data and information about chemicals to be used and discharged\nThe attached Harmonized Offshore Chemical Notification Format (HONF) was designed to\ndata. If you need any supporting documentation of the test methodology, I have current\noffshore. It, therefore, requires manufacturers such as Jet-Lube, Inc. to provide extensive test\nmethods I can forward for your review.\nconcern to the environment based upon the fish, crustacean, algae, sedimen reworker tests,\nAs you can or will see in the review of KOPR-KOTE's HONF document, it poses no threat or\ntaint, etc. All values are above the limit designated as acceptable in milligram per kilogram\ntested\ngrease was more biodegradable, it might have made it into the \"E\" or best category. I have\nIn the United Kingdom, KOPR-KOTE is assessed in the second most favorable category. If the\nattached the U.K. rating from CEFAS (Centre for Fisheries and Aquaculture Science). JET-\nacceptable, JET-LUBE 21 will be more so.\nLUBE 21 is a scaled down version of KOPR-KOTE, thus if it is determined KOPR-KOTE is\nat 1-800-538-5823.\nIf you have any questions, concerns or need more information, please do not hesitate to call me\nBest regards,\nSoned a dust\nTechnical Director\nDon Oldige:\nDAO:jag\nAttachment","truncated":false,"body_characters":5759}