{"operation":"document","citation":"06-0248","title":"Currie Industrial Services, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-01-04","effective_on":null,"summary":"06-0248 response to Currie Industrial Services, LLC concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0248.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0248.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0248","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060248.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmen\nf Transportation\nJAN - 4 2007\nWashirgton, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMr. Allan B. Currie, Jr.\nCurrie Industrial Services, LLC\nOwner\nRef. No. 06-0248\n12019 Pink Street\nBrooklyn, MI 49230\nDear Mr. Currie:\nThis is in response to your October 13, 2006 letter regarding the hazard classification of\n\"Biodiesel\" (e.g., \"Soybean Methyl Ester\"), and \"Crude Glycerin,\" commonly referred to\nas \"Glycerol,\" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYou also ask whether the registration requirements of the HMR are applicable to any\nperson who offers for transportation or transports these products in commerce.\nAccording to your letter, Biodiesel is produced through a chemical process\n(transesterification) where a feedstock, such as soybean oil, is reacted with an alcohol, such\nas methanol, in the presence of a catalyst. The alcohol is recovered for reuse, leaving\nbehind two products: (1) fatty acid methyl esters of soybean oil consisting of the following\nsingle component methyl esters: C16:0(10%), C18:0(5%), C18:1(23%) C18:2(54%),\nCrude Glycerin are 321°F- 425 °F and 320 °F, respectively. You further state your review\nC18:3(8%); and (2) Crude Glycerin. You state that the flash points for Biodiesel and\nof several Material Safety Data Sheets (MSDS) for each material indicates that neither\nproduct contains a hazardous material as defined by the Occupational Safety and. Health\nAdministration (OSHA). You enclosed an MSDS for each material.\nhazardous material in accordance with Parts 172 and 173 of the HMR, and to determine\nAs required under § 173.22, a shipper is required to properly class and describe the\nthat the packaging or container is an authorized packaging in accordance with Part 173.\nin your letter, your material does not appear to be subject to the HMR, including the\nThis Office does not perform this function. However, based on the information provided\nregistration requirements specified under § 107.601\n107.601\n113.22\n060248\n\n<<<PAGE 2>>>\n\nFor clarification, a \"hazardous material\" is defined in § 171.8 of the HMR, and is a\nsubstance or material that the Secretary of Transportation has determined is capable of\nhas been designated as hazardous under § 5103 of Federal hazardous materials\nposing an unreasonable risk to health, safety, and property when transported in commerce,\ntransportation law (49 U.S.C. 5103).\nI hope this information is helpful.\nSincerely,\n/ Cffice of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\nFoster\n$101.612\nCURRIE INDUSTRIAL SERVICES, LLC\n12019 Pink Street\nBrooklyn, MI 49230\nRegstation\n06-0248\nOctobet 13, 2006\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\nWashington, D.C. 20590-0001\n400 7th Street S.W.\nRE: DOT Hazardous Materials Registration\nBiodiesel Production\n49 CFR, Part 107 Applicability Request\nDear Mr. Mazzullo:\ncrude glycerin in which U.S. DOT has no apparent nor established opinions. Therefore, I am herein\nWe have recently been confronted with an issue related to transportation of biodiesel and\nrequesting that U.S. DOT provide a written opinion based on the facts set forth below as to whether\nbiodiesel and/or crude glycerin are regulated as defined hazardous materials\nBackground\nThe production of biodiesel (e.g., soybean methyl ester) is made through a chemical process\nglycerin, which is a valuable byproduct used in the manufacture of soaps and other products.\nBiodiesel refers to the pure fatty acid methyl ester fuel as opposed to a blend of biodiesel\nand petroleum diesel fuel, which are typically designated as \"BXX\", whereby the \"XX\" denotes the\npetroleum diesel).\npercentage of biodiesel contained in the blend (i.e., B20 is comprised of 20% biodiesel and 80%\nSoyate. Crude Glycerin (C.A.S. 56-81-5) is commonly referred to as simply Glycercil. The review\nBiodiesel (C.A.S. No.: 67784-80-9) is also referted as B100, Soy Methyl Ester, and Methyl\nof several material safety data sheets for these products indicates that neither product contains a\nexamined in our review did not define an established DOT shipping name or identification number\nhazardous material as that term is defined by OSHA. Likewise, the material safety data sheets\nfor these products. The flash point of these materials are 321°-425°F and 320°F respectively.\n\n<<<PAGE 4>>>\n\nMr. Mazzullo\nCictober 13, 2006\nPage 2\n49CFR, Part 107.601 Applicability\nof 49 CFR, Part 107.601, which apply to any person who offer the following materials for\nIn attempting to resolve this issue, we have examined the registration and fee requirements\ntransportation, or transports these materials, in foreign, interstate or intrastate comerce:\n(1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in $ 173.403\nof this chapter;\n(2) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material (see $ 173.50 of\nthis chapter) in a motor vehicle, rail car or freight container;\n(3) More than one L (1.06 quarts) per package of a material extremely toxic by inhalation (ie.,\"\nfor \" hazard zone A,\" as specified in SS 173.116(a) or 173.133(a) of this chapter).\nmaterial poisonous by inhalation,\" as defined in § 171.8 of this chapter, that teets the criteri\n(4) A shipment of a quantity of hazardous materials in a bulk packaging (see § 171.8 of this chapter)\nhaving a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more\nthan 13.24 cubic meters (468 cubic feet) for solids;\n(5) A shipset in other us an a bul packaging pol 2068 5.00 plai) gross wright or mine of\nrequired for that class, under the provisions of subpart F of part 172 of this chapter; or\n(6) Except as provided in paragraph (b) of this section, a quantity of hazardous material that requires\nplacarding, under provisions of subpart E of part 172 of this chapter.\nWith respect to the applicability criteria cited above, the term \"hazardous material\" is defined as:\nunreasonable risk to health, safety, and property when transported in commerce, and has designated\na substance or material that the Secretary of Transportation has determined is capable oj posing an\nas hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C.\n5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated\ntemperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49\npart 173 of subchapter C of this chapter (emphasis added).\nCFR 172.101), and materials that meet the defining criteria for hazard classes and aivisions in\nregard, the term \"hazardous substance\" is defined as a material, including its mixtures and solutions,\nThe implementing rules also provide clarification to the underlined terms cited above. In that\n(1) Is listed in the Appendix A to S 172.101 of this subchapter;\n(2) Is in a quantity, in one package, which equals or exceeds the reportable quantity (R) 'isted in the\n(3) When in a mixture or solution-\nAppendix A to $ 172.101 of this subchapter; and\n(i) For radionuclides, conforms to paragraph 7 of the Appendix A to S 172.101.\n(i) For otber than radionuclides, is in a concentration by weight which equals or exceeds the\nconcentration corresponding to the RQ of the material, as shown in the following table:\nRQ pounds (kilograms)\nConcentration by weight\nPercent\nPPM\n5000(2270)\n10\n100,000\n\n<<<PAGE 5>>>\n\nNir: Mazzullo\nOctober 13, 2006\nPage 3\n1000(454)\n20,000\n10(4.54)\n100(45.4)\n10.02\n2,000\n200\n[1 (0.454)\n10.002\n20\nThe term does not include petroleum, including crude oil or any fraction thereof which is not otherurse specifically listed\nr designated as a hazardous substance in Appendix A to S 172.101 of this subchapter, and the term does noi\nnilude natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natura\nga: and such synthetic gas).\nAppendix A to § 172.101 _lists materials and their corresponding reportable quantities (RQ's)\nthat are listed or designated as \" hazardous substances\" under section 101(14) of the Comprehensive\nU.S.C. 9601 et seq). Appendix A is divided into two tables entitled \" TABLE 1 HAZARDOUS\nEnvironmental Response, Compensation, and Liability Act, 42 U.S.C. 9601(14) (CERCLA; 42\nSUBSTANCES OTHER THAN RADIONUCLIDES\" and \" TABLE 2-RADIONUCLIDES.\" A\nnaterial listed in Appendix A is regulated as a hazardous material and a hazardous substance unde\nhis subchapter if it meets the definition of a hazardous substance in $ 171.8 of this subchapte:\nHazardous waste, is defined as any material that is subject to the Hazardous Waste Manifest Requirements\nofth: U.S. Environmental Protection Agency specified in 40 CFR part 262.\nAppendix B to $ 172.101 lists potential marine pollutants as defined in $ 171.8.\nElevated temperature material, is defined as a material which, when offered for transportation or\n(212°F); or (2) is in a liquid phase with a flash point at or above 37.8 °C\" (100°F) tha: is intentionally\ntransported in a bulk packaging: (1) is in a liquid phase and at a temperature at or above 100°C\nheated and offered for transportation or transported at or above its flash point; or (3) is in a solid\nphase and at a temperature at or above 240°C (464°F).\n49 CFR, Part 172 contains the DOT hazardous materials table referred to in the definition.\nThe following table, taken from Part 173.2, lists the hazardous materials classes and index to\nhazard class, which contain the definitions for classifying a material as a regulated \"hazardous\nmaterial\".\nClass Division No.\nNone\nNo.\n(if any)\nName of Class or Division\n49 CFR\nForbidden materials\n173.21\nReference\nNone\n1.1\nForbidden explosives\n173.54\nExplosives (with a mass explosion hazard)\n173.50\n1.3\n1.2\nExplosives (with a projection hazard)\n173.50\n1.4\nExplosives (with no significant blast hazard\nExplosives (with predominately a tire hazard\n173.50\n173.50\n1.5\nVery insensitive explosives; blasting agents\n173.50\n1.6\n2\n2.1\nExtremely insensitive detonating substances\n173.50\n173.1157\n\n<<<PAGE 6>>>\n\nMr. Mazzullo\nOriober 13, 2006\nPage 4\nClass Division No.\nNo.\n2\n(if any)\nName of Class or Division\n49 CFR\nReference\n2.2\n3\n2\n2.3\nNon-flammable compressed gas\n173.115\nlammable and combustible liqui\n173.115\n4\n4.1\nlammable solid\n173.120\n173.124\n4\n4.2\n4\n4.3\n173.124\n173.124\n5\n173.127\n5.2\na a u\n6.1\n173.128\n173.132\n6.2\nnfectious substance (Etiologic ager\noisonous materia\n173.134\n8\nCorrosive materia\nadioactive materia\n173.136\n173.403\n173.140\nNone\nOther regulated material: ORM-D\n173.114\nRegulatory Discussion and Request for Opinion\nunmarizes our preliminary opinion regarding the app\nBecause of the onerous nature of ding pulpic with or prepared are at ched table that\nMaterials Program.\nIf you have any questions or need additional information, please call.\nSincerely,\nAlunch\nOwner\nAllan (Dusty) B. Currie Jr.\n(517) 740-2991\nAttachments:\nMaterial Safety Data Sheet for Biodiesel (Biodiesel Industries, Inc.)\nMaterial Safety Data Sheet for Crude Glycerin (Biodiesel Industries, Inc,)\n\n<<<PAGE 7>>>\n\nMr. Mazzullo\nnot more than 500 mg/kg.\nsubpart F of part 172.\n173 uf subchapter C.\nIs a hazardous waste.\n(explosive) material (S 173.50)\nmaterial, as defined in § 173.403.\nIs an elevated temperature material.\ncubic meters (468 cubic feet) for solids;\nIs listed in the Hazardous Materials Table.\n> Is a marine pollutant listed in Appendix B.\nIs a hazardous substance listed in Appendix A.\nMeets the definition of a hazardous material defined below.\nhazardous material that requires placarding, under provisions of\nrequired for that clas, under the provisions of subpart ofpart\nfor which placarding of a vehicle, rail car, or freight container is\nIs a shipment in other than a bulk packaging of 2,268 kg (5,000\n13,248 L (3,500 gallons) for liquids or gases or more than 13.24\nIs a shipment of a quantity of hazardous materials in a bulk\nhazard zone A,\" as specified in SS 173.116(a) or 173.133(a)\npackaging (see S 171.8.) having a capacity equal to or greater than\ninhalation,\" as defined in § 171.8, that meets the criteria for \"\nIs more than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3\nClass 6 Poisonous Material with an LD50 for acute oral toxicity of\nClov 3 Com busible Liquid that has a fash point above 141° Fanc\n• Meets the defining criteria of a hazard class and division in Part\nExcept as provided in paragraph (b) of this section, is a quantity of\npounds) gross weight or more of one class of hazardous materials\nIs a highway route-controlled quantity of a Class 7 (radioactive)\nRegulatory Reference\nNo\n(321°F)\nNo\nNo\nNo\nNo\nNo\nNo\nmaterial\nhazardous\nnot a\nmaterial\nhazardous\nnot a\nmaterial\nhazardous\nnot a\nNo\nNo\nNo\nBiodiesel\nNo\n(320°F)\nNo\nNo\nNo\nNo\nNo\nNo\nmaterial\nhazardous\nnot a\nmaterial\nhazardous\nnot a\nmaterial\nhazardous\nnot a\nNo\nNo\nNo\nGlycerin\nCrude\nNot list in Appendix A.\nhazardous material.\nradioactive materials.\ntoxicity values of 17,400 and 12,600 mg/kg.\nhave flash points of 321°F and 320°F.\nNot ised and ending perin are ner wastes.\nthe definition of a hazardous material.\nBiodiesel and crude glycerin have published oral\nBiodiesel and crude glycerin are loaded at 120°F.\nNot listed in the Hazardous Materials Table.\nWith respect to Class 3, biodiesel and crude glycerin\nBiodiesel and crude glycerin do not appear to meet\nneither material appears to meet the definition of a\nneither material appears to meet the definition of a\ncontainers with a capacity greater than 3,500 gallons,\nofered for shipmentry truck and ail normally\ncrude glycerin would be extremely toxic by inhalation.\nAlive mate docs not indicate that biodiese or\nBiodiesel and Crude Glycerin are not defined as\nBiodiesel and Crude Glycerin are not defined as\nCumment\nPage 5","truncated":false,"body_characters":13775}