Hexion Specialty Chemicals — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JAN - 5 2010 Mr. Rich Daley Logistics Compliance Manager Hexion Specialty Chemicals 180 East Broad Street Columbus, OH 43215 Ref. No.: 09-0239 Dear Mr. Daley: This responds to your letter regarding clarification ofthe phrase "or transported at or above its flash point" as it applies to elevated temperature material (ETM), defined in §171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a material described as "UN 1993, Flammable liquid, n.o.s., 3, PO III" with a flashpoint of 45°C (113°F), loaded and shipped in a tank car at a temperature of 60°C (140°F) meets the definition of an elevated temperature material, even if it is not intentionally heated. The answer is no. A material is an elevated temperature material when offered for transportation or transported in a bulk packaging and is in a liquid phase at a temperature at or above 100°C (212°F), is in a liquid phase with a flash point at or above 38°C (lOO°F) that is intentionally heated, or is in a solid phase and at a temperature at or above 240°C (464°F). Therefore, the material described in your letter does not meet the definition for an elevated temperature material. I hope this information is helpful. If we can be of further assistance, please contact us. ~inCe?l~ ~fitft ~,J)tl6 Charles E. Betts Chief, Standards Development Office ofHazardous Materials Standards#

Page 2HE}{lON.... Hexion Specialty Chemicals, Inc. Richard Daley Logistics Compliance M~jr NIl. 180 East Broad St, 29'" Floor (614) 225-4188 Columbus, OH 43215 Richard.daley@hoxion.com hexionchem.cOtn October 20, 2009 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-IO East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Re: Elevated Temperature Materials Would a UN 1993, Flammable Liquid, NOS, 3, PG III loaded and shipped in a tank car at a temperature of 60° C and a flashpoint of45° C meet the definition of an Elevated Temperature Material even if it was not intentionally heated for transportation? Elevated temperature material means a material which, when offered for transportation or transported in a bulk packaging: (1) Is in a liquid phase and at a temperature at or above 100°C (212 OF); (2) Is in a liquid phase with a flash point at or above 37.8 °C (100 OF) 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 OF). Sincerely, (/wt[1 Rich Daley Logistics Com Hexion Speci Chemicals 180 East Broad St Columbus, OH 43215#