Petroleum Transportation & Storage Association — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE Washington, D.C. 20590 Mr. Mark Morgan, Esq. Regulatory Counsel Petroleum Transportation & Storage Association 4200 Wisconsin Avenue NW, Suite 106 Washington, DC 200 16 Ref. No. 07-0235 Dear Mr. Morgan: This responds to your December 20,2007 email and provides further clarification of our November 28,2007 letter (Ref. No. 07-100) concerning proper shipping names for certain petroleum distillate fuel and biodiesel blends under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you ask the ap ropriate proper shipping P names for blends of heating oil and biodiesel (i.e., BioheatB ) and blends of kerosene and biodiesel. It is our understanding that biodiesel refers to a non-hazardous (for purposes of the HMR) fuel derived from vegetable oils or animal fats. Biodiesel may be blended with various petroleum distillate hels, such as No. 1 or No. 2 diesel, kerosene, and heating oil. Shippers of petroleum distillate fuels routinely describe the materials using the trade name of the material (e.g., diesel fuel, fuel oil, heating oil, kerosene). Shippers of biodiesel blends similarly use the same trade name to describe a biodiesel blend - thus, shippers typically will use the term "heating oil" to identify heating oil/biodiesel blends or "kerosene" to identify kerosene/biodiesel blends. A hazardous material must be described using an appropriate proper shipping name from the Hazardous Materials Table (HMT) in § 172.10 1 of the HMR. In accordance with $ 172.10 1 (c)(1 O), a mixture or solution not identified by name in the HMT that is composed of a non-hazardous material and a hazardous material identified in the HMT by a technical name must be described using the proper shipping name of the hazardous material and the qualifying word "mixture" or "solution," as appropriate. However, if a material can be appropriately described by a proper shipping name that suggests its intended application, the addition of the qualifying word "mixture" or "solution" is not required (see 1 72.10 1 (c)(l O)(i)(F)). ' BioheatB is a registered trademark of the National Biodiesel Board.#

Page 2It is the opinion of this office that a biodiesel fuel blend may be appropriately described using a proper shipping name that describes its intended application. Thus, a blend of heating oil and biodiesel may be described as "Heating oil;" a blend of fuel oil and biodiesel may be described as "Fuel oil," a blend of kerosene and biodiesel may be described as "Kerosene," and a blend of diesel fuel and biodiesel may be described as "Diesel fuel." Since these names describe the material's intended application, the addition of the qualifying word "mixture" or "solution" is not required. If an appropriate proper shipping name is not provided in the HMT, the most appropriate generic or n.0.s. description for the material must be used (e.g., "Petroleum distillates, n.0.s."). See $ 172.101(~)(12)(ii). This guidance differs from guidance provided in our November 28 response on this issue, and I apologize for any confusion that may result. As you know, a wide variety of biodiesel blends may be produced using an equally wide variety of petroleum distillate fuels, depending on consumer needs or state requirements. It is our understanding that these blends pose flammable or combustible hazards that are similar to the hazards of the original petroleum distillate fuels utilized in the blend. Therefore, describing these materials using proper shipping names that describe their intended application addresses the safety risks they pose and the emergency response procedures that should be used in the event of an accident. As the biofuels industry evolves, we will continue to consider how best to identify biofuel blends on shipping papers and how to communicate potential hazards to transport workers and emergency response personnel. We would welcome suggestions from the industry on this issue. I hope this information is helpful. Sincerely, $A---yy& Edward T. Mazzullo Director, Office of Hazardous Materials Standards Cc: John L. Conley National Tank Truck Carriers, Lnc. Richard Moskowitz American Trucking Association Michael Ritchie Minnesota Department of Transportation#

Page 38/72. /Q/ Proper fi/lp/~p ' ,44447~ - dZ-33- Drakeford, Carolyn <PHMSA> " - * - - - - a * " From: DerKinderen, Dirk <PHMSA> Sent: Thursday, December 20, 2007 2.1 1 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Bio-heat Carolyn, Can you enter this e-mail as all interp letter as well. Thanks, Dirk - - " - - - - - A " " - From: Mazzullo, Ed <PHMSA> Sent: Thursday, December 20, 2007 11:47 AM To: DerKinderen, Dirk <PHMSA> Cc: Gorsky, Susan <PHMSA> Subject: MI: Bio-heat Please develop a response. From: Mark S. Morgan, Esq. [mailto:mmorganptsa@cox.net] Sent: Thursday, December 20, 2007 11:09 AM To: Mazzullo, Ed <PHMSA> Subject: Bio-heat Ed: Questions have arisen as a result of the Interpretation Letter on biodiesel blends. I feel like I have whacked a hornet's nest. Primarily, how should blends of bio-heat (mixture of heating oil and biodiesel) to be entered on shipping papers? These guys are really concerned that they have the right language.The blending percentages vary. Also, what about bio-diesel mixed with kerosene? Thanks Mark Mark S. Morgan, Esq. Regulatory Counsel Petroleum Marketers Association of America New England Fuel Institute Petroleum Transportation and Storage Association 4200 Wisconsin Avenue, N.W., Suite 106 Washington, D.C. 20016 (202) 364-6767#