{"operation":"document","citation":"06-0065","title":"Neupauer Industries Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-04-07","effective_on":null,"summary":"06-0065 response to Neupauer Industries Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0065.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0065.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0065","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060065.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nAPR\n00 Seventh Street, S.I\n7 2006\n/ashington, D.C. 205S\nPipeline and\nHazardous Materials Safety\nAdministration\nMr. Harold Zimmerman\nRef. No. 06-0065\nDesigner\nNeupauer Industries Inc.\n196A Wabash Road\nEphrata, PA 17522\nDear Mr. Zimmerman:\nThis is in response to your March 8, 2006 letter and telephone conversation with a\nmember of my staff requesting clarification regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). In your scenario, you have a\nportable asphalt machine that uses a burner to heat asphalt to 300 °F to 350 °F, which is\nbelow the asphalt's flash point. The tank containing the molten asphalt has a capacity of\n100 gallons, and the fuel oil for the burner is a combustible liquid that is carried in a\nseparate 25 gallon tank. You ask if the requirements of the HMR would apply to the\ntransport of this machine along with the fuel oil.\nBased on the information provided, the answer is no. An \"elevated temperature material,\"\nas defined in § 171.8, is a material in a bulk packaging which (1) is in a liquid phase and\nat a temperature at or above 100 °C (212 °F); (2) is in a liquid phase with a flash point at\nor above 37.8 °C (100 °F) that is intentionally heated and offered for transportation or\ntransported at or above its flash point; or (3) is in a solid phase and at a temperature at or\nabove 240 °C (464 °F). Since your heated material is in a non-bulk container, it is not\nconsidered an elevated temperature material and, therefore, is not subject to the HMR if it\ndoes not meet the definition for any other hazard class or division. In addition, the fuel oil\nis a combustible liquid in a non-bulk packaging and, therefore, is not subject to the HMR\n(see § 173.150(f)).\nI hope this information is helpful.\nSincerely,\nHotle z Withe ll\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n172.101\n060065\n\n<<<PAGE 2>>>\n\nbatterthwaite\n8172.601\napplicability Asphalt\n196A Wabash Road\nNeupauer\n06-0065\nEphrata, PA 17522\nPhone/Fax 717-721-2492\nndustries Inc.\nwww.neupauerindustries.com\nneupauerind@dejazzd.com\nMarch 8, 2006\nAttn: Edward T. Mazzullo, Director of Hazard Material Standard\nU.S. DOT - PHMSA (PHH - 10)\n400 7* Street SW\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nI am not required to meet Hazmat regulations for my Pothole Patcher machine. My machine is a\nI had a very informative conversation with Cameron Saeterthwaite this morning. I understand that\nportable asphalt machine used to patch potholes and complete small paving job. The asphlat is\nmade in the machine by mixing stone and sand together. We use AC 20 blocks for the asphlat.\nI would like to list what I discussed with Mr. Saeterthwaite as confirmation of the information I\nreceived:\n1) The tank on the machine is heated to around 300° - 350° to make the asphalt. I\nbefore I drive it again. (I am only using this vechile for demonstartion purposes.)\nwas informed that I must let the tank cool to the temperture of less than 212°\n2)\nWe will be transporting burner fuel in a 20 to 25 gallon tank for use in the heater\n3) The machine has one non pressure100 gallon tank for the AC block to be put\nsystem.\nrequired amount. (Less then the 119 gallon regulation)\ninside. There is a marker on the tank to be assured it does not go over the\n4) The asphalt mix is heated just below the flash point. There in no danger of\nexplosion.\ncase of a truck inspection or other inquires. We presently have a demonstartion set with the\nI was informed that I could request a letter stating we are exempt form the Hazmat regulation in\ndate? I will await you response either through a fax (717) 721-2492, an e-mail\nPennsylvania Department of Transportation on March 24, 2006. Will we have our letter by that\nneupauerind@dejazzd.com, or through the mail.\n(717) 721-2492 from 8 a.m. to 2 p.m.\nThank you for you assistance in this matter. If you have any question please contact Therese at\nSincerely,\nIarold Zimmerma\nDesigner","truncated":false,"body_characters":4031}