Neupauer Industries Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation APR 00 Seventh Street, S.I 7 2006 /ashington, D.C. 205S Pipeline and Hazardous Materials Safety Administration Mr. Harold Zimmerman Ref. No. 06-0065 Designer Neupauer Industries Inc. 196A Wabash Road Ephrata, PA 17522 Dear Mr. Zimmerman: This is in response to your March 8, 2006 letter and telephone conversation with a member of my staff requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your scenario, you have a portable asphalt machine that uses a burner to heat asphalt to 300 °F to 350 °F, which is below the asphalt's flash point. The tank containing the molten asphalt has a capacity of 100 gallons, and the fuel oil for the burner is a combustible liquid that is carried in a separate 25 gallon tank. You ask if the requirements of the HMR would apply to the transport of this machine along with the fuel oil. Based on the information provided, the answer is no. An "elevated temperature material," as defined in § 171.8, is a material in a bulk packaging which (1) is in a liquid phase and at a temperature at or above 100 °C (212 °F); (2) is in a liquid phase with a flash point at or above 37.8 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point; or (3) is in a solid phase and at a temperature at or above 240 °C (464 °F). Since your heated material is in a non-bulk container, it is not considered an elevated temperature material and, therefore, is not subject to the HMR if it does not meet the definition for any other hazard class or division. In addition, the fuel oil is a combustible liquid in a non-bulk packaging and, therefore, is not subject to the HMR (see § 173.150(f)). I hope this information is helpful. Sincerely, Hotle z Withe ll Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.101 060065#

Page 2batterthwaite 8172.601 applicability Asphalt 196A Wabash Road Neupauer 06-0065 Ephrata, PA 17522 Phone/Fax 717-721-2492 ndustries Inc. www.neupauerindustries.com neupauerind@dejazzd.com March 8, 2006 Attn: Edward T. Mazzullo, Director of Hazard Material Standard U.S. DOT - PHMSA (PHH - 10) 400 7* Street SW Washington, DC 20590-0001 Dear Mr. Mazzullo, I am not required to meet Hazmat regulations for my Pothole Patcher machine. My machine is a I had a very informative conversation with Cameron Saeterthwaite this morning. I understand that portable asphalt machine used to patch potholes and complete small paving job. The asphlat is made in the machine by mixing stone and sand together. We use AC 20 blocks for the asphlat. I would like to list what I discussed with Mr. Saeterthwaite as confirmation of the information I received: 1) The tank on the machine is heated to around 300° - 350° to make the asphalt. I before I drive it again. (I am only using this vechile for demonstartion purposes.) was informed that I must let the tank cool to the temperture of less than 212° 2) We will be transporting burner fuel in a 20 to 25 gallon tank for use in the heater 3) The machine has one non pressure100 gallon tank for the AC block to be put system. required amount. (Less then the 119 gallon regulation) inside. There is a marker on the tank to be assured it does not go over the 4) The asphalt mix is heated just below the flash point. There in no danger of explosion. case of a truck inspection or other inquires. We presently have a demonstartion set with the I was informed that I could request a letter stating we are exempt form the Hazmat regulation in date? I will await you response either through a fax (717) 721-2492, an e-mail Pennsylvania Department of Transportation on March 24, 2006. Will we have our letter by that neupauerind@dejazzd.com, or through the mail. (717) 721-2492 from 8 a.m. to 2 p.m. Thank you for you assistance in this matter. If you have any question please contact Therese at Sincerely, Iarold Zimmerma Designer#