Professional Emergency Resource Services — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Research and OCT 6 2004 400 Seventh St., S.W. Washington, D.C. 20590 Administration Special Programs Mr. Rich Heylmun Reference No.: 04-0059 Operations Manager Professional Emergency Resource Services P. O. Box 1560 Ogden, UT 84402-1560 Dear Mr. Heylmun: This responds to your letter requesting clarification of the marking exception for petroleum distillate fuels in § 172.336 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You reference an April 24, 2001 clarification letter, Reference No. 01-0082, and ask whether a cargo tank motor vehicle containing denatured ethanol (95% ethanol and 5% gasoline) is eligible for the marking exceptions in § 172.336(c)(4) and (5). I apologize for the delay and any inconvenience it may have caused. Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the Hazardous Materials Table (HMT). For a material not specifically identified by name in the HMT, the HMR require that the material be described by the shipping name that "most appropriately" describes the material. Based on the information provided, it is our opinion that the appropriate shipping description for your mixture of 95% ethanol and 5% gasoline is "Flammable liquid, n.o.s. (Ethanol, Gasoline)". The high percentage of alcohol in this mixture makes it ineligible as a petroleum distillate. Therefore, the cargo tank does not qualify for the marking exceptions in § 172.336(c)(4) and (5). Also, for your information, we proposed to reinstate the proper shipping name "Denatured alcohol" in a notice of proposed rulemaking published August 12, 2004 (Docket No. RSPA-04- 18683 (HM-218C), 69 FR 49846). Additionally, we proposed to add new special provision 172 for both "Denature alcohol, NA 1987" and "Alcohols, n.o.s., UN 1987" to allow solutions of alcohol and petroleum products to be described as either "Denature alcohol" or "Alcohols, n.o.s.", provided the solution contains no more than 5% petroleum products. I trust this satisfies your request. Sincerely, Hithe a mithe ll Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 040059 172•336#

Page 2Corbis 8|72.336 Markinas 24-Hour Hazmat Emergency PERS 04-0059 Telephone Response Service Professional Emergency Resource Services 1-800-728-2482 P.O. Box 1560 Ogden, Utah, 84402-1560 • Phone: (801) 629-0667 • Fax: (801) 629-0680 • www.pers-er.com • info@pers-er.com March 18, 2004 Research and Special Programs Administration, Office of Hazardous Materials Standards, Attn: DHM-10, U.S. Department of Transportation, 400 gt Street SW., Washington, DC 20590-0001 Please provide an interpretation of the applicability of denatured ethanol, 95% Ethanol and 5% Gasoline, shipped as Flammable Liquids n.o.s, tosthe xegulations found in § 172.336 (c) (4) and (5). A previous interpretation dated April 24, 2001, Ref. No. 01-0082 is posted on the RSPA would be considered a petroleum distillate fuel. The answer provided in the web-site. The inquirer asked if a fuel containing 80% ethyl alcohol and 20 % petroleum interpretation states "Petroleum distillate fuel is generally defined to mean a liquid mixture of hydrocarbons extracted from petroleum by distillation and is used in many applications including fuel. Thus your mixture is eligible for the marking exceptions in § 172.336 (c) (4) or (5)." eligible for the marking exceptions in § 172.336 (c) (4) or (5)," from the statement I have failed to understand the conclusion regarding eligibility "Thus your mixture is "Petroleum distillate fuel is generally defined to mean a liquid mixture of hydrocarbons extracted from petroleum by distillation 'and is' used in many applications including fuel". defend their actions, but the response seems to be more broadly applicable even if not A reader may apply this interpretation to the same fuel mixture listed above in order to intended to be. I read the interpretation to imply that alčohols generally may be considered to be liquid petroleum distillate fuels. caic txt :s It is my understanding that petroleum distillates are separated from crude oil by distillation. Ethyl alcohol is obtained from the fermentation of grains and is not derived trom petroleum distillation. Ethyl alcohol has some properties dissimilar to most DOT class 3 petroleum distillates, such as being water-miscible. Gasohol is specifically named in the regulations found ib § 172.336 (c) (4) and (5) liquid petroleum distillate fuel having the lowest flash point. The HM Table, § 172.101 authorizing a cargo tank containing gasohol to be marked' with the ID number for the authorizes the proper shipping name "gasohol" to describe gasoline containing ethyl Mai cl#

Page 3alcohol, including the use of ID number "1203" on the condition that the percentage of ethyl alcohol may not exceed 20 percent. cant b The text of § 172.336 (c) (4) "if the identification number is displayed for the distillate fuel having the lowest flash point." differs from the text of § 172.336 (c) (5) "if the lowest flash point". I am not under the impression that the wording of § 172.336 (c) (4) identification number is displayed for the liguid petroleum distillate fuel having the and (5) intends to identify different fuels, but to clarify applicability of the regulation to cargo tanks and compartmented cargo tanks. have been able to locate authorizing alcohol (other than gasohol as identified in the HM The interpretation dated April 24, 2001 is the only official document or regulation that I marked as described in § 172.336 (c) (4) or (5). It would be convenient if the previous Table) to be shipped as a liquid petroleum distillate fuel, thus making it eligible to be interpretation was sustained, but, without further guidance from your office I have some concerns about applying it to shipments or referring others to use it. Due to the increasing domestic shipment of denatured alcohols in cargo tanks clarification of this requirement will be greatly appreciated. appreciate your time and effort in responding to this request. 45. ine iver incerel) • tanks api ca Rick Heylmul PERS Operations Mgr. 800-728-2482 42 00 :0N 10A Sees 920#