Dane County Risk Management — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Administration Special Programs MAR 24 2004 Mr. Mark Finarty Dane County Risk Management • Ref. No. 04-0052 210 Martin Luther King JI: Blvd. Room 425 CCB Madison, WI 53703 Dear Mr. Finarty: This is in response to your letter requesting clarification of the requirements under the Hazardous Materials Regulations (HMR; asphalt. 49 CFR Parts 171-180) applicable to the transportation of are required for three Specifically, you ask whether placarding and marking You also ask whether a commercial driver's license (CDL) requires scenarios as presented in your letter. transporting asphalt. a hazardous materials endorsement for the driver of a vehicle paraphrased and answered below. Your scenarios and questions are Question: Are placards, markings, and hazardous material endorsements on CDIs required for the following three scenarios? highway "in bulk up to 1200 gallons." Scenario #1. A medium curing asphalt is being transported by flashpoint of 100 °F - 140 °F and is transported at a temperature The material has a of approximately 250 °F. Answer: A bulk packaging containing a Class 3 elevated sides and both ends (see § 172.504(a)). In addition, a bulk temperature material must display FLAMMABLE placards on both display the HOT marking packaging containing an elevated temperature material must $ 173.325. It is not clear from your letter whether "in bulk up on two opposing sides, as specified in to 1200 gallons" refers to the amount of asphalt or the capacity gallons or more, of the packaging. it must be marked with the identification number If the bulk packaging has a capacity of 1,000 • on both sides and both ends (see § 172.302(a) (1)). If the bulk marked with the identification number on two opposing sides (see packaging has a capacity of less than 1,000 gallons, it must be § 172.302 (a) (2)). 172.504 040052#

Page 2With regard to whether a hazardous materials endorsement is required on a CDL for a driver transporting this material, the answer is yes. (FMCSR), 49 CFR Part 383, issued by the Federal Motor Carrier The Federal Motor Carrier Safety Regulations hazardous material endorsements on CDLs. Safety Administration (FMCSA), address the requirements for a hazardous material endorsement for drivers transporting a Section 383.93 requires hazardous material that is required to be placarded. additional information on hazardous material endorsements, please FMCSA's field office in Madison, Wisconsin at 608/829-7530. contact FMCSA Headquarters in Washington, D.C. at 202/366-1790 or Scenario #2. "in bulk up to 2000 gallons." An asphalt emulsion is being transported by highway greater than 212 °F and is transported at a temperature of The material has a flashpoint approximately 160 °F to 200 °F. bulk packaging containing a Class 9 elevated temperature material Under § 172.504 (E) (9), for domestic transportation, a does not require a Class 9 placard; however, the appropriate identification number for the material must be marked on both sides, depending on the capacity of the packaging (see Scenario sides and both ends of the bulk packaging or on two opposing placard, an orange panel, or a white-square-on-point The identification number may be displayed on a Class 9 configuration. the HOT marking must be displayed on two opposing sides of the In addition, for elevated temperature materials, hazardous material endorsements, see the answer to Scenario #1. bulk packaging, as specified in § 173.325. For information on Scenario #3: highway "in bulk up to 400 gallons." A rubber modified asphalt is being transported by flashpoint of 424 °F and is transported at a temperature of 300 The material has a °E to 400 °F. Answer: The answers to Scenario #2 apply. if you need further assistance. I hope this information is helpful. Please contact this office Sincerely, Hithe z. Mtthell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3MCIntyre COUNTY OF DANE DEPARTMENT OF ADMINISTRATION $172.504 210 Martin Luther King, Ix: Boulevard, Room 425 RISK MANAGEMENT B112.101(a). Madison, Wisconsin 33703 608/266-4965 Applicability = Placarding Risk Manager BARBARA WEGNER, A.R.M. MARK R. FINAKTY Satety Coordinator 608-267-1555 March 3, 2004 Mr. Edward I. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7* Street S. W. Washington, D.C. 20590-001 Dear Mr. Mazzullo: Dane County would like clarification of the placarding requirements of some of our highway maintenance operations, Please review the following operation descriptions and answer the questions: D Operation #1: Hauling and applying a medium curing asphalt, MIC-800, in bulk up to 1200 gallons. The material has a flashpoint of 100 to 140 degrees Fahrenheir. The material is transported and applied at a temperature of appruximately 250 dogrces Fahrenheit. Elevated • Is placarding required? Would the interpretation letter dated July 11, 1994 addressed to Mr. Marvin J. Ford Ill apply directly to this operation? If not, what? Is marking required? If so, what? Would a hazardous materials endorsement on a commercial driver's license be required to transport? Operation #2: Hauling and applying an anionic asphalt emulsion, HFRS-2P, in bulk up to 2000 transported and applied at a temperature of approximately 160 to 200 degrees F'ahrenheit. gallons. The material has a flashpoint greater than 212 degrees Fahrenheit. The material is • Is placarding required? If so, what? Is marking required? If so, what? Would a hazardous materials endorsenient on a commercial driver's license be required to transport? Operation #3: Hauling and applying a rubber mudited asphalt in bulk up to 400 gallons. The material has a flashpoint of 424 degrees Fahrenheit. The material is transported and applied at a Temperature of 300 to 400 degrees. • Is placarding required? If so, What? Elar 11:323 • Is marking required? If so, what? CDI.-Hazami endursement letter 2001 100°C: 215"= Puge 1 of 2 80/20 98997809 T9:20100Z/EB/E0#

Page 4Would a hazardous materials endorsement on a commercial driver's license be required to transport? Your answers to the above questions should clarify our hazardous material requirements in our operations: Feel tree to contact me if you have questions ur commonts. Thank you. > Mark Finarty Safety Coordisrator Run. 425 CCB Dane County Risk Management 210 Martin Luther King Jr. Blvd. (608) 267-1555 Madison, WI 53703 (608) 266-4425 Fax CDL-Hazmat endorsement leiter 2004 Page 2 of2 E0/ED 35Vd SZ699209 T9:20 002/0/20#