Karden Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administration Special Programs DEC 28 2004 Mr. Denis Sapiro Ref. No.: 04-0276 3241 44'h Ave. SW Karden Associates, Inc. Seattle, WA 98116-3324 Dear Mr. Sapiro: This is in response to your December 2, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if asphalt is subject to the HMR in the following scenario: Hot asphalt is loaded into a bulk container at a shipper's facility. The asphalt is allowed to cool to a temperature below 37.8 °C. Finally, the material is offered into transportation at a temperature below the flash point of the asphalt and 100 °C. In addition, the asphalt does not meet the definition of any hazard class listed in § 173.2. Asphalt must be classed as a flammable liquid (Class 3; see § 173.120) if: (1) The flash point of the material is not more than 60.5 °C (141 °F), or (2) The material is in a liquid phase with a flash point at or above 37.8 °C (100 °F) and is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging. Asphalt meets the definition of an "elevated temperature material" (see § 171.8) if it is offered into transportation or transported in a bulk packaging and any of the following conditions are met: (1) The material is in a liquid phase and transported at a temperature at or above 100 °C; (2) The material is in a liquid phase with a flash point at or above 37.8 °C and is intentionally heated and offered for transportation or transported at or above its flash point; or (3) The material is in a solid phase and transported at a temperature at or above 240 °C. 172.101 040276#

Page 2According to the scenario you described, the asphalt offered into transportation does not meet the definition of a Class 3 (flammable liquid) or an "elevated temperature material" when it is offered into transportation. In addition, it does not meet the definition of any other hazard class listed in § 173.2. Therefore, the asphalt does not meet the definition of a hazardous material in § 171.8 and is not subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Bing 'John A. Gale Chief, Standards Development Office of Hazardous Materials Standards#

Page 3DENIS SAPIRO TEL: 206-9370846 Dec 02,04 11:58 No. 001 P.02 KARDEN ASSOCIATES, INC. 3241-441 Are. SW Settle WA. 48116-3324, Jax 206) 937-0846, (206) 932-7698, d.sapiro@worldnot.att.nct Fichenlaub Mr. Edward Mazzullo $172.101 Director of Hazmat Standards 400 - 7th Street SW US DOT/RSPA (DHM-10) Applicability Washingtor DC 20590 04-0276 Dear Mr. Mazzullo: Karden Associates, Inc. hereby asks for a formal interpretation on the proper shipping of bulk containers of asphalt below elevated temperatures. Question: Is asphalt that was poured hot into bulk containers, and then allowed to cool below 100 ° C, below its flashpoint and below 37.8° C, and below 240°C and then offered for transportation no longer regulated by the Hazardous Materials regulations in 49 CFR Parts 100 - 18S? The material does not meet any other definition of hazardous materials and will be transported by both truck and vessel. Backaround: A typical asphalt material safety data sheet is attached and states that the material is regulated as an elevated temperature material. In 49 CFR 172.101 asphalt has two listings: Proper Shipping Name Asphalt, at or above its flash Asphalt, cut back, see Tars, point Tars, Liquid including road asphalt and oils, bitumen and cut backs Hazard class or Division 3 Identification Number NA 1999 3N1999 Packaging Group 1II The asphalt is poured into bulk tanks at the shipper's facility, allowed to cool and shipped to a tug and barge facility for shipment to Alaska. The bulk containers are not specification portable tanks and they do not have pressure relief valves. These containers do meet the packaging requirements of 49 CIR 130.21. The material is currently not handled as a hazardous material. Current practices: Current handling has been based on a letter of clarification dated June 12, 1995 from US DOT RSPA Deputy Director, Office of Hazardous Materials Standards, Thomas • 1.1. 1:5 .#

Page 4DENIS SAPIRO TEL: 206-9370846 Dec 02,04 11:59 No.001 P.04 G. Allan to James C. Finlay, Amoco Chemical Company, Chicago, Illinois. This letter dcalt with "when offered for transportation" as it applies to elevated tcmperature material (ETM) as definc in 49 CFR 171.8. Further the material does not appear to meel the definition of "Hazardous Material" given in 49 CFR 171.8 as it does not match the description in 172.101 or hazard class and division in 49 CFR 173. Thank you in advance for your time and consideration. If you need further information please call or email at the numbers given above. Sincerely, Denis Sapico Denis Sapiro President#

Page 5ENIS SAPIRO TEL: 206-9370846 Dec 02,04 MAR-23-2004 15:28 HMIC 12:03 No.001 P.11 1.02/02 of Transporation U.5 Deportment Research and Special Programs Administration AN 12 |995 Mr. Jamas C- Finlay Post Office Box 87759 Anoco Chemical Company Chicago, Illinola 60680-0759 Dear Mx. Finlay: "when offered for transportation" as it applies to elevated temperature This is In Iasponse to your lattor concerning clarification of the phrase matarial (ETM), as defined in 49 CFR 171.8.| responding, and hope it has not causad any inconvenience. I apologize for the delay in ETM the temperature must be taken immediataly prior to boing offered for You statad chat your company was informed chat for a material described as "storage tank temperature" be considered and approvad as the reference transportation. If this understanding is correct, you requested that your letter. temperature for ETM, as proposed in tha two (2) alternatives suggested in The phrase "when offered for transportation" as it applies to ETMs means when a pacicago is loaded or filled with a material that is heated and temperature at or above 100°C (212 F), or is in a solid phase and et a offered at oi above its flashpoint, is in a liquid phase and at a cemperature at or above 240°C (464°F), It is tegulated as an ETM. If a cool to a temperature bolow 212°F bafore being offered lor transportation, material in loadod at a temperaturo eat or above 212°F, but is allowed to it would not meet the definition of an elevated temperature material. The Hazardous Materiala Regulations do not roquire an offeror "to take the calease from the proparty." temperature of a product designated as an ETM Immediately prior to its an offeror ever determina In fact, there ia no absolute zequirement that aimply to make a datermination of whethar a matarial meats the actual tomperature of an ETM. It 1s enough, an ETM by using any availablo data that supporta the offerora detarmination. the critoria for phase at 130°C. For example, consider a natarial that passes from a solid phase to a liquid state, then clearly it meata the critaria for an EIM and there is no need to Il that material 18 loaded and transported in Its liquid determine the actual temperature. such as that discussed in your proposed alternaiives; may be used by an Similarly, process-control information, criteria for an ETM. offeror in making a determination of whether certain producta meat the please contact ne. I hope this information is holpíul, If I can be of further assistance, Sincerely, ons. I. Allan 1.72.10 1(E) Deputy Dixoctor, Offioo of homa G. Allan Hazardous Materials Standaids TOIAL P. Ø2#

Page 6DENIS SAPIRO TEL: 206-9370846 Dec 02,04 11:58 No. 001 P.03 U. 9. OIL & REFINING CO. MATBRIAL BARBT Y DATA 8 HIE I PG 58-28 Page 1 of 6 Revised 9/12/01 MSDS NO. 511413 J. S. OIL & REFINING CO 001 Marshall Ave EMERGENCY ASSISTANCE: Tacoma, WA 98421 CHEMIREC: (800) 424-9300 COMPANY: (253) 383-1651 a Ra in For on on Bale, dunne dian product use product. IMPORTANT: ------ MATERIAL IDENTIBICATION Trado Name: ASPHALI CEMENT, PG 58-28 Chamical Family: HYDROCARBON Generic Name: ASPHALT DOT Bhipping Name: NA/UN3257, III ELEVATED TEMPERATURE MATERIAL, LIQUID, N.O.S., 9, (ASPHALT PG 58-28) NFPA Hazard Rating: FIRE: SPECIAL: REACTIVITY: 0 PRODUCT COMPONENTB Component CAS Number Percent ANTI-STRIPPING ADDITIVE FETROLEUM ASPHALT 8052-42-4 90-100 (AP) POLYMER ADDITIVE 0-1 (AP) HYDROGEN SULFIDE 7783-06-04 0-10 (AP) TR OCCUPATIONAL EXPOSURR LIMITE Substance Value I1m0/Type Dato Source biana rosat (netnoal : Ơ1 316°C (COC)#

Page 7DENIS SAPIRO TEL: 206-9370846 Dec 02,04 11:59 No.001 P.05 ASPHALT FUMES 10 MG/M3 5 MG/M3 8 Hr PEL 15 Min STEL 1980 1980 OSHA OSHA HYDROGEN SULFIDE 10 PPM 15 PPM 8 Hr PEL 15 Min STEL 1989 1989 OSHA OSHA PG 58-28 Page 2 of 6 4. HEALTH INFORMATION Bitecte of Overexposure: INHALATION OF HIGH CONCENTRATIONS MAY CAUSE EYE AND RESPIRATORY IRRITATION, PROLONGED OR REPEATED CONTACT WITH PRODUCT AT WARM OR NEAR AMBIENT HEADACHES, DIZZINESS OR NAUSEA, UNCONSCIOUSNESS AND POSSIBLY DEATH. TEMPERATURE MAY CAUSE SKIN IRRITATION. CAUTION: PRODUCT NORMALLY SHIPPED HOT (APPROXIMATELY 310-360°F) SKIN CONTACT WITH HOT PRODUCT MAY CAUSE THERMAL BURNS. PROLONGED OR REPEATED IRRITATION AND DERMATITIS; HOWEVER, BASED ON HUMAN EXPERIENCE THIS PRODUCT I CONTACT WITH THIS PRODUCT AT WARM OR AMBIENT TEMPERATURES MAY CAUSE SKIN JUDGED TO BE NEITHER CORROSIVE NOR AN IRRITANT BY OSHA CRITERIA. PRODUCT AT WARM OR AMBIENT TEMPERATURES MAY CAUSE EYE IRRITATION BUT WILL NO EYE CONTACT WITH HOT PRODUCT MAY CAUSE THERMAL BURNS. CONTACT WITH THIS DAMAGE EYE TISSUE. HYDROGEN SULFIDE (HS) GAS. COOLING PRODUCT MAY CONTINUE TO EMIT TRACES OF CAUTION: UNDER CERTAIN CIRCUMSTANCES SULFUR COMPOUNDS IN HOT PRODUCT MAY FOR H2S TEMPORALLY FROM ENTRAPPED OR DISSOLVED GASSES. H2S IS A COLORLESS, TOXIC AND EXTREMELY FLAMMABLE GAS WITH AN ODOR AT LOW CONCENTRATIONS CHARACTERISTI OF ROTTEN EGGS AND SWEETISH AT HIGH CONCENTRATIONS. ODOR CANNOT BE RELIED INBFFECTIVE TO HS, AND THE H2S ODOR MAY BE MASKED BY THE GENERAL ODOR OF HO UPON AS A MEANS OF DETECTION BECAUSE THE SENSE OF SMELL RAPIDLY BECOMES PRODUCT. BECAUSE THE H2S MAY ACCUMULATE IN TANKS AND BULK TRANSPORT COMPARIMENTS, PERSONNEL SHOULD STAND UPWIND, KEEP THEIR FACES AT LEAST TWO HATCHES AND DOME COVERS. FEET FROM COMPARTMENT OPENINGS, AND AVOID BREATHING VAPORS WHEN OPENING TRACT IRRITATION, HEADACHE NERVOUSNESS AND NAUSEA, AND ONLY A FEW BREATHS OF PROLONGED BREATHING OF 50 TO 100 PPM OF H2S MAY PRODUCE EYE AND RESPIRATORY FATAL. NIOSH-APPROVED RESPIRATORY EQUIPMENT SHOULD BE USED WHEN PERMISSIBLE HIGH CONCINTRATIONS (700 - 1000 PPM) MAY LEAD TO UNCONSCIOUSNESS AND COULD B CONCENTRATIONS ARE EXCEEDED. PRODUCT HAS A LOW ORDER OF ACUTE ORAL AND DERMAL TOXICITY, BUT MINUTE TO SEVERS PULMONARY INJURY AND POSSIBLY DEATH. AMOUNTS ASPIRATED INTO THE LUNGS DURING INGESTION OR VOMITING MAY CAUSE MILD 5. PIRB AND EXPLOSION -- --- Flash Point (Method): GT 316°C| (COC)#

Page 8DENIS SAPIRO TEL: 206-9370846 Dec 02,04 12:00 No.001 P.06 Autoignition Temperature (Method): AP 485°C (EST.) Flammablo Limits (8 Vol. In alx) at Normal Atmospheric Iamperature UPPER: ND/A LOWER: ND/A and Pressure#

Page 9DENIS SAPIRO TEL: 206-9370846 Dec 02,04 12:00 No. 001 P.0? PG 58-28 Page 3 of 6 Unusual Fire and Exploaion Hazarda: SPACE OF CONTAINERS AND MAY EXPLODE OR IGNITE UPON EXPOSURE TO A SOURCE OF AT ELEVATED TEMPERATURES, VOLATILE HYDROCARBONS MAY FORM IN THE VAPOR AS H2S AND LOW-BOILING HYDROCARBONS, MAY ACCUMULATE IN THE VAPOR SPACE OF HO IGNITION. STUDIES HAVE SHOWN THAT RELATIVELY LOW FLASH POINT SUBSTANCES SUCI FLAMMABILITY CHARACTERISTICS OF A SIGNIFICANTLY LOWER FLASH PRODUCT. AS A ASPHALT TANKS AND BULK TRANSPORT COMPARTMENTS. SUCH VAPORS MAY EXHIBIT PRECAUTION KEEP IGNITION SOURCES AWAY FROM VENTS AND OPENINGS. Extinguiøhing Media: FIRE. WATER OR FOAM MAY CAUSE FROTHING. USE WATER TO KEEP FIRE-EXPOSED USE WATER SPRAY, DRY CHEMICAL, FOAM OR CARBON DIOXIDE TO EXTINGUISH THE CONTAINERS COOL. WATER SPRAY MAY BE USED TO FLUSH SPILLS AWAY FROM EXPOSURES. MINIMIZE BREATHING OF GASSES, VAPOR, FUME OR DECOMPOSITION SPACE WITHOUT PROPER PROTECTIVE EQUIPMENT, PRODUCTS. FOR FIRES INVOLVING THIS MATERIAL, DO NOT ENTER ANY ENCLOSED FIRE APPARATUS. COOL TANKS AND CONTAINERS EXPOSED TO FIRE WITH WATER. INCLUDING SELF-CONTAINED BREATHIN USE OF WATER AND EXTINGUISHING MEDIA CONTAINING WATER MAY CAUSE FROTHING IMPROPER WHICH CAN SPREAD THE FIRE OVER A LARGER AREA. ------ 6. EMPLOYEE PROTBCTION Reapiratory: NONE IS NEEDED UNDER NORMAL CONDITIONS WITH ADEQUATE VENTILATION. APPROVED RESPIRATORY EQUIPMENT MUST BE WORN. IF EXPOSURE EXCEEDS THE CONTROL LIMITS, NIOSH Eye: SHOULD BE WORN WHENEVER THERE IS A LIKELIHOOD OF SPLASHING OF EYE PROTECTION (CHEMICAL-TYPE GOGGLES AND/OR FACE SHIELD) SPRAYING LIQUID. 8kin: WHEN SKIN CONTACI IS POSSIBLE, AND ESPECIALLY WHEN HANDLING HOT MATERIAL, PROTECTIVE CLOTHING SUCH AS GLOVES, IMPERVIOUS WORN. APRON, LONG-SLEEVES, BOOTS AND FACIAL PROTECTION MUST BE Other: AVAILABLE IN THE VICINITY OF ANY POTENTIAL EXPOSURE. EMERGENCY EYE WASH FOUNTAINS AND SAFETY SHOWERS SHOULD BE#

Page 10DENIS SAPIRO TEL: 206-9370846 DEc 02,04 12:00 No. 001 P.08 PG 58-28 Page 4 of 6 7. ENEROENCY AND FIRST AID Inhalation: IMMEDIATELY REMOVE FROM CONTAMINATED AREA TO FRESH AIR. FOR RESPIRATORY DISTRESS, GIVE OXYGEN OR ADMINISTER CPR MEDICAL ATTENTION. (CARDIOPULMONARY RESUSCITATION), IF NECESSARY. OBTAIN PROMPT Bye Contact: FLUSH WITH CLEAN LOW-PRESSURE WATER FOR AT LEAST 15 MINUTES. IF IRRITATION PERSISTS, OBTAIN MEDICAL ATTENTION. Skin Contact: REMOVE CONTAMINATED CLOTHING. WASH AFFECTED AREA WELL WITH A WATERLESS CLEANSER WIPE EXCESS OIL OFF WITH A DRY FOLLOWED BY SOAP AND WATER. FLUSH WITH COOL LOW-PRESSURE WATER AND GET MEDICAL TREATMENT. HOT LIQUID MAY CAUSE BURNS; Ingestion: LUNGS WILL CAUSE CHEMICAL PNEUMONIA. MUST OBTAIN MEDICAL DO NOT INDUCE VOMITING, SINCE ASPIRATION INTO THE ATTENTION PROMPTLY. 8. BPILL AND DISPOSAL Actions 1f Material 1a Spilled ox Leaked: FREE PRODUCT. ADD SAND, EARTH, OR OTHER SUITABLE ABSORBENT TO SPILL AREA. SHUT AND ELIMINATE ALL SOURCES OF IGNITION. KEEP PEOPLE AWAY. RECOVER MINIMIZE SKIN CONTACT. HOT PRODUCT WILL SOLIDIFY WHEN COOLED. KEEP PRODUCT PRODUCT HAS ENTERED SEWERS OR WATERCOURSES. ASSURE CONFORMITY WITH APPLICABL OUT OF SEWERS AND WATERCOURSES BY DIKING OR IMPOUNDING. ADVISE AUTHORITIES I GOVERNMENTAL REGULATIONS. Waste Dioposal Mothode: TREATMENI, TRANSPORTERS, AND DISPOSAL SITES IN COMPLIANCE WITH ALL APPLICABL MAXIMIZE PRODUCT RECOVERY FOR REUSE PRIOR TO DISPOSAL. USE APPROVED LAWS.#

Page 11DENIS SAPIRO TEL: 206-9370846 Dec 02,04 12:00 No.001 P.09 PG 58-28 Page 5 of 6 9. PRYSICAL AND CHEMICAL DATA Specific Gravity (H20 ~ 1 @ 39.2°F): AP 0.98 TO 1.3 Viacobity Units, Temp. (Mathod): AP 330 CST @ 1350C (D445) Volatile Characteristic: SLIGHT Appearance and Odor: SLIGHTLY CRACKED OR BURNT TO ASPHALTIC ODOR. SOLID AT BLACK COLORED VISCOUS LIQUID; AMBIENT TEMPERATURE. Conditiona to Avoid: EXTREME HEAT AND OPEN FLAME Materials to Avoid: REACTS WITH STRONG ACIDS, OXIDIZING MATERIALS AND ALKALIES. Hazardous Decomposition Products: BURNING OR EXCESSIVE HEATING MAY OXIDES AND/OR OTHER COMPOUNDS OF SULFUR. PRODUCE CARBON MONOXIDE AND OTHER HARMFUL GASES AND VAPORS INCLUDING 10. REGULATORY INFORMATION REPORTABLE QUANTITY (RQ), BPA 40 CFR 302 (CIRCLA BBCTION 102) NO RQ FOR PRODUCT OR ANY CONSTITUENT GREATER THAN 17 OR 0.18 (CARCINOGEN) TOXIC TOXIC CHEMIC IS PRINT ON THAN A C (CARCINOGEN) Threshold Planning Quantify NO TPO FOR PRODUCT OR ANY CONSTITUENT GREATER THAN 18 OR 0.18 (IPQ), (8ARA 301 - 304): (CARCINOGEN) EPA Hazard Classification, Acute Health Hazard: (SARA 311 - 312): Fire Hazard: Chronic Health Hazard: Reactive Hazard; Presure Hazard: Not Applicable: x#

Page 12DENIS SAPIRO TEL: 206-9370846 Dec 02,04 12:02 No.001 P.10 PG 58-28 Page 6 of 6 11. ADDITIONAL PRECAUTIONS Handling & Storage: CLEANED PRIOR TO ALL MAINTENANCE PROCEDURES. ALL MATERIAL SAMPLING SHOULD B PARTS AND EQUIPMENT USING OR CONTAINING THIS MATERIAL MUST BE STEAM- CONDUCTED IN A MANNER WHICH AVOIDS VAPOR INHALATION OR SKIN CONTACT. SPECIA LABORATORY SAMPLES. CARE AND LABELING MUST BE PROVIDED DURING TRANSPORTATION/HANDLING OF PLENTY OF SOAP AND WATER BEFORE EATING, DRINKING, SMOKING, OR USE OF TOILET USE GOOD PERSONAL HYGIENE PRACTICES. WASH HANDS WITH CLEANERS TO REMOVE PRODUCT FROM SKIN. DO NOT USE SOLVENTS (GASOLINE, KEROSENE, REMOVED AND LAUNDERED BEFORE REUSE. DISCARD CONTAMINATED LEATHER GOODS. OIL-SOAKED CLOTHING MUST BE PROMPTLY General Comments: SOURCES OTHER THAN DIRECT TEST DATA ON THE MIXTURE ITSELF. SOME OF THE INFORMATION PRESENT AND CONCLUSIONS DRAWN HEREIN ARE FROM -----NOTE....---Qualifications LT = Less Than BQ = Equal AP = Approximately OT = Greater than UK = Unknown N/AV = Not Available TR = Trace N/AP = Not Applicable N/DA « No Data Available Diaclaimax Of Llability The information in this MSDS was obtained for sources which we believe THE INFORMATION IS PROVIDED WITHOUT ANY ACCURACY OR CORRECTNESS. THE PRODUCT.#