{"operation":"document","citation":"07-0165","title":"Henry Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-02-08","effective_on":null,"summary":"07-0165 response to Henry Company concerning 173.2a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0165.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0165.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0165","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070165.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. John K. Kinast\nEnvironment Engineer\nHenry Company\n330 Cold Stream Road\nKimberton, PA 19442\nRef. No.: 07-0165\nDear Mr. Kinast:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (49 CFR; HMR Parts 171 -1 80) pertaining to the transportation of a Class 3\n(flammable liquid) material overcharged with a Division 2.2 (non-flammable) gas in a DOT\n39 cylinder. You state that the Class 3 material (hexane) has a flashpoint of -18\" F and a\nboiling point of 1 13\" F and is overcharged with nitrogen at a pressure ranging from 100-1 35\npsi. Specifically, you ask whether the filled cylinder may be transported under the proper\nshipping description \"Compressed gas, n.0.s. 2.2, UN 1956,\" and whether the package that is\nmarked and labeled for a Division 2.2 primary hazard class may also be marked and labeled\nfor the Class 3 subsidiary hazard.\nUnder the HMR, you must analyze the cylinder contents based on the form in which the\nmaterial will be transported. It is our determination that the contents of your cylinder meet\nthe defining criteria for a Division 2.1 (flammable gas) material and would most\nappropriately be assigned \"Compressed gas, flammable, n.0.s. (contains hexane), 2.1,\nUN1954\" for the basic description. We base this determination on the fact that the cylinder\nis filled with hexane and then pressurized with nitrogen to 100-135 psi, causing a portion of\nthe hexane to stay in the gas phase. Based on our calculations, the compressed gas mixture\nwill produce flammable vapors in the range of 3 - 6% depending on the temperature and\npressure. This is within the range of the flammability limits of hexane, which is 1.2 - 7.7%.\nTherefore, the gas phase of the vaporized hexane in the cylinder makes it a Division 2.1\nmaterial.\nAlthough not applicable to the above scenario, in response to your question concerning\nsubsidiary hazards, a material that is additionally determined to have a flammable liquid\nsubsidiary hazard, regardless of whether the subsidiary hazard is shown in Column (6) of the\nHazardous Materials Table (HMT), must be identified on the shipping paper in accordance\nwith 5 172.202(a)(3) and shown in the basic description with the numerical subsidiary\n\n<<<PAGE 2>>>\n\nhazard in parentheses following the primary hazard class or division number. With respect\nto the marking and labeling for subsidiary hazards, if the subsidiary hazard is not assigned in\nColumn (6) of the HMT, the package m, nevertheless, be marked for the subsidiary hazard\nand must be labeled for the subsidiary hazard.\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n4\na enry. C O M P A N Y\nAugust 20,2007\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10,\nU.S. Department of Transportation,\n400 7th Street SW.,\nWashington, DC 20590-0001.\nRe: Dual Hazard for Non-Flammable Gas and Flammable Liquid under 49 CFR 173.2a\nDear To whom it may concern:\nHenry Company is seeking clarification on the classification, proper shipping name, and\nappropriate labeling for an existing product in a new container.\nHenry Company is the largest North American manufacturer of roof coatings and cements and is\na world leader in Energy Star & Green Buildings products. Henry Company is the leading\ninnovator of Building Envelope Systems and understands the principals of integrating AirNapor\nBarrier Systems to ensure superior building performance.\nHenry Company produces a product, Blueskin Spray Prep which is sold in 5 gallon pails and is\ndesigned to prepare and prime a building foundation in preparation for the application of an\nAirNapor Membrane.\nWe intend to also package this product in DOT 39 containers with a specific gravity of 0.80 and\npsi of 100-135. It will be sold under the name of Blueskin Spray Prep Ultra. The container will be\ncharged with nitrogen gas, which is the mechanism that pushes the product out of the container\nthrough a stand pipe for application; the product is a flammable liquid. The product as shipped\nshould flow out of the container much like water out of a garden hose. It would not be atomized or\ndispersed in a defined spray pattern like an aerosol product. Consequently, if a leak occurred\nduring shipping or storage, the container should emit a stream rather than a mist or spray. The\nstream of liquid should travel a rel~tively short distance compared to a gas and as such, it should\npose a risk like a flammable liquid.\nBlueskin Spray Prep Ultra has a flashpoint of -18 degrees Fahrenheit and a boiling point of 113\ndegrees Fahrenheit. Consequently, under the 49 CFR 173.2a, we believe the classification and\nPSN should be the following:\nCompressed gas, n.o.s., 2.2, UN 1956\nHowever, we also believe that the hazard for flammable liquid should also be indicated in the\nclassification, marking and labeling for these products. The HMR, however, does not provide an\nobvious authorization for a dual hazard of non-flammable gas (Class 2.2) and flammable liquid\n(Class' 3) since this is out of the range of the Precedence of Hazard Table.\nHenry Company wants to mark and label this product to reflect both the non-flammable gas and\nthe flammable liquid hazards in the following manner:\n' The storage recommendations for these products contain a reference to NFPA 30 Storage of Flammable\nand Combustible Liquids.\n\n<<<PAGE 4>>>\n\nCompressed gas, n.o.s., (contains nitrogen and a flammable liquid), 2.2, UN1956. Can you\nprovide the appropriate authorization under the HMR to create a subsidiary hazard Class 3 for\nClass 2.2?\nHenry Company has requested a special emergency permit to allow us to use the following\nclassification - Compressed gas, n.o.s., (contains nitrogen and a flammable liquid), 2.2, UN1956\n- in addition to the marking and labeling for both the Class 2.2 and Class 3 hazards. Please see\nattached letter.\nIf you have any questions at all, please do not hesitate to contact me @ 484.923.2269.\nBest regards,\n' John K. Kinast\nEnvironmental Engineer\nHenry Company 330 Cold Stream Road, Kimberton, PA 19442 (484) 923-2269 FAX (610) 933-2749\n\n<<<PAGE 5>>>\n\nC O M P A N Y\nAugust 20,2007\nAssociate Administrator for Hazardous Materials Safety\nAttention: Special Permits, PHH-31\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation,\n400 7th Street SW.,\nWashington, DC 20590-0001.\nDear to whom it may concern:\nAttached please find the application for special permit, in accordance with 49 CFR 107.105.\nHenry Company hereby requests emergency processing of an application for a special permit\nunder 49 CFR 107.105 and 117 until such time as a letter of interpretation is issued by the\nDepartment of Transportation that.specifically clarifies the classification of our product: Blueskin\nSpray Prep Ultra. Please see attached letter.\nEmergency processing is requested for the following reasons:\n1) Increase safety for 1' responders during transportation emergencies by providing\nadditional information about a previously unknown hazard. Creating a subsidiary class for\n2.2 for class 3.\n2) Providing the product in this new container would improve the safety to the contractor\nduring product application. The product is currently applied with a brush and roller. Spills\nand incidents are more possible using 5 gallon pails. Blueskin Spray Prep Ultra new\npackage will be a pressurized DOT 39 container and there is a significantly less likelihood\nof spills or direct exposure.\n3) To avoid severe economic financial loss. The Henry Company could incur significant\neconomic losses up to $1 00,000.\n4) To avoid the damage to important business relationships this could be damaged if Henry\nCompany is unable to launch this product in a new container soon. Our customers of\nthese products would suffer delays in construction activities.\nIf there are any questions or any additional information that I can provide to expedite consideration\nof this application, pleas* do not hesitate to contact me @ 484.923.2269.\nBest regards,\n/ John K. Kinast\nEnvironmental Engineer\nHenry Company 330 Cold Stream Road, Kirnberton, PA Ic>+J2 6 ( A R . 2 ) 923-2269 FAX (610) 933-2749\n\n<<<PAGE 6>>>\n\nApplication for Special Permit\n1. Applicant: Henry Company\n336 Cold Stream Road\nKimberton, PA 19442\nContact: John Kinast, Environmental Engineer\n2. Citation from which the applicant seeks relief: 49 CFR 173.2a(a)\n3. Proposed Mode of Transport: HighwayIMotor Carrier\n4. Description of the proposed special permit: classification of the product in the following manner:\nBlueskin Spray Prep Ultra should be classed as follows: Compressed gas, n.o.s.,\n(contains nitrogen and a flammable liquid), 2.2, UN1956\nAll marking, labeling and placarding should reference both hazards, Class 2.2 and Class 3.\n5. Proposed duration of special permit: until such time as a letter of interpretation is received\nclarifying the classification of this product.\n6. Statement of basis for seeking such relief and description of how compliance will be achieved:\nSee attached letter requesting interpretation. Compliance will be achieved by adopting the\nclassification and appropriate marking, labeling and packaging as directed by DOT.\n7. Identification of hazardous material planned for transportation under the special permit: See\nattached letter of interpretation.\n8. Description of packaging to be used with special permit: DOT 39 container.\n9. Alternative packaging: no alternative packaging is anticipated.\n10. Justlficatron of special permit proposal: This special permit achieves a level of safety that\nexceeds that requ~red by the regulation. Class~flcation of this product under the strict confines of\nthe HMR requires a flnd~ng that the product is a UN 1954, compressed gas, n.o.s., 2.2. However,\nthis classification fails to indicate the fact that the product expelled by the nitrogen gas is a\nflammable liquid. There is no authorization under the HMR to have a product that is a\ncompressed gas with a flammable liquid hazard. Therefore, to ensure that first responders are\naware of the flammable nature of this product, we believe that it is necessary to classify, mark, -\nand label the product as a Class 2.2 with a subsidiary hazard of Class 3.\nIf a leak occurred during shippirlg or storage, the container would emit a stream rather than a mist\nor spray. The stream of liquid should travel a relatively short distance compared to a gas and, as\nsuch, it should pose a risk much like a flammable liquid.'\nWe are not aware of any previous incidences or other problematic shipping experiences with this\nproduct. There is no increased risk to safety or property that may result if the special permit is\ngranted. Indeed, we believe that a higher level of safety is achieved in allowing the proposed\nclassification.\n' The storage rcconirnendations for thcse prodjrctc contain a reference to NFPA 30 Storage of Flammable\nand Combustible Liquids.","truncated":false,"body_characters":11202}