{"operation":"document","citation":"04-0108","title":"Pacific Asphalt Services Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-12","effective_on":null,"summary":"04-0108 response to Pacific Asphalt Services Company concerning 172.101, 173.247.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0108.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0108.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0108","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040108.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nOCT 12 2004\nMr. Gordon R. Crawley\nRef. No. 04-0108\nPacific Asphalt Services Company\n10501 N. E. 38'* Place\nKirkland, WA 98033\nDear Mr. Crawley:\nThis responds to your March 30, 2004 letter requesting clarification on shipping asphalt under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for\nclarification on the proper shipping name and authorized packaging for use in the shipment of\nasphalt.\nIn your letter, you state that asphalt manufacturers ship asphalt with a flashpoint of 316° C that is\nloaded into portable tanks at a temperature greater than 100° C for transportation by vessel under\nthe proper shipping description \"Elevated temperature material, liquid, n.o.s., 9, NA/UN 3257,\nIII, (Asphalt PG 58-28).\"\nYour questions are paraphrased and answered as follows:\nQ1. What is the correct shipping name for this asphalt product or other grades of asphalt when\ntransported by vessel?\nA1. For asphalt with a flashpoint at or above 37.8° C offered for transportation or transported\nby vessel at or above its flashpoint, the shipping description for both domestic and international\ntransportation is \"Tars, liquid, 3, UN 1999, III.\" For domestic transportation, you may elect to use\nthe shipping description \"Asphalt, 3, NA 1999, III.\"\nFor asphalt offered for transportation or transported by vessel at or above 100° C and below its\nflashpoint, the shipping description for both domestic and international transportation is\n\"Elevated temperature liquid, n.o.s., (Asphalt), 9, UN 3257, III.\"\nQ2. May a company, individual, or marine carrier load or ship asphalt products in steel\ncontainers that are not equipped with pressure relief devices?\nA2. A bulk packaging authorized or used for the transport of elevated temperature materials\nmust conform to § 173.247(g) which indicates that pressure control equipment (pressure relief\ndevice) is not required if pressure in the packaging would increase less than 10 percent as a result\nof heating the lading from the lowest design operating temperature to a temperature likely to be\nencountered if the packaging were engulfed in a fire. However, when pressure control equipment\n172.101\n040108\n173.247\n\n<<<PAGE 2>>>\n\nis required (e.g., if the pressure in the packaging increases greater than 10 percent as a result of\nheating the lading from the lowest design operating temperature to a temperature likely to be\nencountered if the packaging were engulfed in a fire), it must prevent rupture of the packaging\nfrom heating, including fire engulfment.\nI hope this answers your inquiry.\nSincerely,\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n• APR-30-2004 FRI 07:28 AM COLASKA DBA SECON\nFAX NO. 425 576 5113\nP. 03\nPACIFIC ASPHALT SERVICES COMPANY\n10501 N.E. 38th Place / Kirkland, WA 98033 / (425) 739-6964 / Fax (425) 576-5113\nBoothe\n3172.101\nMarch 30, 2004\n§173.247\nUnited States Coast Guard\nMarine Safety Center\nProper Shipping Name\n400 7* Street SW\n04-0108\nRoom 6302\nNASSIF Building\nWashington D.C. 20590-0001\nRe: Request for Determination and Clarification.\nLoading and Shipment of Asphalt in appropriate shipping containers.\nGentlemen:\nproper loading and shipping of asphalt in portable containers to various locations that\nPlease accept this correspondence as our Request for Determination in regards to the\nrequire travel in ships or barges on the Pacific Ocean. I would first like to offer what we\nbelieve to be the history of previous asphalt shipments.\nHistory:\nThe first shipment of asphalt in bulk started prior to 1985. Prior to the use of ISO\ncontainers the most common method of shipment was steel containers of various sizes\nand shapes. These containers varied in volume from 5 tons to 13 tons, or about 1,250\ngallons to 3,250 gallons.\nThese containers had no pressure relief valves nor did they\nmeet any other current standards. Per CFR 172.101 these containers are not\nrecognized by the Department of Transportation as an approved method of transporting\nasphalt products either as UN1999 or UN3257.\nThe use of cargo containers were introduced to this region in 1985 by a local oil\ncompany. The containers used were IMO101 tanks built by Hyundai Corporation. They\nhave the proper D.O.T. testing and documentation required for carrying Asphalt hot or\ncold. These containers were used from 1985 to 2002. At the same time, a few\ncompanies and one marine carrier still used and shipped the old non-pressure relief\ndevice steel containers.\nPASCO is a corporation that was formed in 2003 to ship asphalt products once the local\noil company determined that they no longer wished to own portable asphalt containers.\nPASCO purchased new containers that met all current CFR requirements, and also\npurchased the containers from the oil company.\n1\n\n<<<PAGE 4>>>\n\nPR-30-2004 FRI 07:28 AM COLASKA DBA SECON\nFAX NO. 425 576 5113\nP: 04\n• .\n-PASCO repaired the containers from the oil company and had them inspected and\ncertified by the Coast Guard to ship asphalt products. All portable containers used for\nshipping asphalt by PASCO are pressure vessels meeting the current CFR's, and the\nrequirements of UN3257 and UN1999. PASCO owns enough containers to meet all the\nasphalt requirements in the geographic area that they operate.\nPASCO was willing to spend the money for new containers and repair other containers\nto meet current CFR's when we realized that the marine carriers and asphalt container\nowners were given two years notice prior to 2003 of the impending changes. These\nmarine carriers and container owners were given the opportunity to comment and\nrequest changes to the 2003 CFR's, but chose not to. It is our understanding that these\nHarmonization requirements which went into effect January 1, 2003.\nchanges to the CFR's were made to comply with the IMDG, UN, and DOT\nPASCO also owns approximately 300 non-pressure relief device steel containers that\nformerly were used to ship asphalt products. PASCO voluntarily is not utilizing these\ncontainers because in our opinion, they do not meet the current CFR's..\nnot\n173.247\nPASCO's concern is that they have capitalized and set up a business plan to meet the\nnew CFR requirements to ship asphalt, but there are some container owners and one\nallaws\nmarine carrier that are willing to ship the old steel containers with asphalt products,\nnon-spe\nwhich do not have pressure relief valves and do not meet the CFR's. Our desire in this\ncorrespondence is to answer all questions in an affirmative manner which will then\nrequire the marine carrier to only ship asphalt containers that are certified pressure\nvessels meeting all CFR requirements.\nThe marine carrier has stated that if it is\ndetermined that the old steel containers are no longer legal shipping containers for\nasphalt products; they will comply with the current regulations.\nQuestions for Determination:\nThe first question we have is in regards to the manifesting and labeling of the asphalt\nproduct in portable shipping containers.\na.) The oil manufacturer's material safety data sheet refers to the product by\nits Trade name Asphalt Cement and then the particular name such as\nPG58-28. It is then listed by its Generic Name, Asphalt. This is also true\nfor other asphalt grades (e.g. PG 58-22, PG 52-28, PG 64-28, etc.). The\nDOT Shipping name is listed as Elevated Temperature Material, Liquid,\nN.O.S., 9, NA/UN3257, III (Asphalt PG 58-28). See Attachment 1 for a\nMSDS sheet for the asphalt product.\nb.) We reference CFR172.101(c)(12)(ii), which requires us to start with the\nproper shipping name. Asphalt is the technical, generic and trade name\nused. Using the Hazardous Materials Table, CFR 172.101, we have two\nchoices for this product. Asphalt at or above its flash point, and Asphalt,\ncutback. We are concerned with the second option because we are\nshipping asphalt at or below its flash point. This listing refers us to Tars,\nliquid, etc.\n2\n\n<<<PAGE 5>>>\n\n'R-30-2004 FRI 07:28 AM COLASKA DBA SECON\nFAX NO. 425 576 5113\nP. 05\nc.) Tars, liquids including road asphalt and oils, bitumen and cut backs. This\nmaterial has a Hazard Class 3 rating, an identification number of UN1999\nand packaging groups (I) and (ill).\n, 140,9°%\nThe asphalt manufacturers at this time are labeling the DOT shipping name as Elevated\nTemperature Material, Liquid, N.O.S., 9, NA/UN3257, III (Asphalt PG 58-28). The\nmanufacturers state that they list the asphalt product on the Bill of Lading with this label\n600°%\nbecause the definition of a Class 3 hazard material requires the flash point of the\nproduct to be less than 60.5 Centigrade. Since the flash point of this product is 316\nCentigrade, and it is loaded into the containers at a temperature greater than 100- 2/2\"}\nCentigrade, they feel that this is the proper shipping label, rather than \"Asphalt\". (See\nAttachment 2 for sample Bill of Lading) The marine carrier uses the asphalt\nmanufacturers labeling as their argument for what type of containers are required for\nshipping.\nQuestion 1: What is the correct shipping name for this asphalt product or other\ngrades of asphalt over the water?\nIf the correct shipping name per the CFR's is Asphalt - Tars, Liquids, etc. we have no\nmore questions. In our opinion it is very straight forward with this labeling of the product\nthat the correct loading and shipping regulations require the product to be in a pressure\nvessel meeting the requirements shown in Table 172.101.\nThe remaining questions are based upon a determination that states that the correct\nshipping name for the asphalt product is Elevated Temperature Material, Liquid, N.O.S.,\n9, NA/UN3257. PASCO recognizes that this shipping name is still a hazardous\nmaterial.\nSince this product can only be loaded into a container at an elevated temperature, CFR\n173.32 states that; \"A hazardous material may not be loaded in a DOT Specification 51,\nDOT Specification 60, an IM or UN portable tank unless the portable tank has a\npressure relief device that provides total relieving capacity meeting the requirements of\nthis subchapter\".\nQuestion 2: Since the steel containers have no pressure relief devices, can a\ncompany, individual, or marine carrier load or ship these non-pressure relief\ncontainers with asphalt products?\nThe asphalt products over time, once loaded into the portable container will cool down\nto below the elevated temperature of 100 Centigrade. Once the product has been\nshipped, it requires the owner of the container to heat the product above the elevated\ntemperature to get the asphalt product out of the portable container.\nTable 172.101 Hazardous Materials, Elevated Temperature Liquid N.O.S., states that\nthe bulk packaging must comply with CFR 173.247. This regulation states in part.\n\"Pressure control equipment is not required if pressure in the packaging would increase\nless than 10 percent as a result of heating the lading from the lowest design operating\ntemperature to a temperature likely to be encountered if the packaging were engulfed in\n3\n\n<<<PAGE 6>>>\n\n8-30-2004 FRI 07:29 AM COLASKA DBA SECON\nFAX NO. 425 576 5113\nP. 06\na fire. When pressure control equipment is required, it must prevent rupture of the\npackaging from heating, including fire engulfment\".\nIt is a well known fact by users of asphalt products that during the heating of the product\nin portable containers, pressure will increase by more than 10% in the container. That\nis why the container lids are opened during the heating process to relieve pressure.\nAn argument by the marine carrier, is once the asphalt product falls below its elevated\ntemperature in the container, it is no longer a hazardous material, therefore they do not\nhave to comply with the CFR's as regards to shipping or receiving the asphalt product in\nthe non-pressure relief device steel containers.\nPASCO contends that (1) the asphalt products must be loaded at an elevated\nproduct requires the same type of vessel, and (3) if by chance the portable container\ntemperature into a vessel with a pressure relief device, (2) unloading the asphalt\nwas engulfed in a fire during transportation, the vessel would have to be able to relieve\nthe pressure. Therefore, you must use a pressure relief device vessel to load, ship, and\nunload asphalt products.\nQuestion 3:\nEven though this asphalt product may fall below its elevated\ntemperature at some point during transportation, must you use a pressure relief\ndevice vessel for shipping this asphalt product over the water?\nThere is an even more obscure argument made by a marine carrier. They state that if\nyou loaded the non-pressure relief device steel containers at a different location than\nthe marine carriers address, and let them set for a period of time, (e.g. 7 days, two\nweeks, etc.), that these containers would not be considered portable containers for\ntransportation because they set and cooled for a period of time. This would then allow\nthe owner of the containers to ship asphalt products at a later date utilizing a different\nmaterials.\nbill of lading label without complying with any CFR requirements for hazardous\nQuestion 4: Can the above argument be used as a justification to not comply\nwith the current CFR's?\nWe request affirmative answers to our questions so that we may operate on a level\nplaying field, in a safe manner that requires all individuals and companies to work within\nthe current CFR's\nThank you for your attention to our questions.\nsincerely\nNaven I Lawly\nGordon R. Crawley\nPresident\nEnclosures\n4","truncated":false,"body_characters":13549}