Yokayo Biofuels — Hazardous Materials Safety Interpretation

Page 1U.S. Department Washington. DC 20590 1200 New Jersey Avenue SE of Transportation Pipeline and Hazardous Materials Safety Administration FEB 0 9 ~012 Mr. Brian Eberly Processing Engineer Y o kayo Biofuels 150 Perry Street Ukiah, CA 95482 Ref. No. 12-0009 Dear Mr. Eberly: This responds to your January 6, 2012 email regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a bulk shipment of a byproduct of the production of biodiesel, consisting of water, glycerin, methanol, and small amounts of soaps, salts and vegetable oil, is subject to the HMR. Section 173.22 states that a shipper is required to properly class and describe the hazardous material in accordance with Parts 172 and 173 of the HMR, and to determine that the packaging or container is an authorfzed packaging in accordance with Part 173. This Office does not perform this function. However, based on the information provided, it appears that the material you describe may meet the definition for an aqueous solution of alcohol as specified in § 173.150(e)(2). Section 173.l50(e)(2) states that an aqueous solution containing 24 percent or less alcohol by volume and no other hazardous material is not subject to the HMR as long as it contains no less than 50 percent water (§ 173.150(e)(2)). I hope this answers your inquiry. Ifyou have further questions, please contact this office. Sincerely, (l ",.. \I:~' . <--:,t-t, /------.~~ ~--. ;"'~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Friday, January 06,20124:30 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Formal Letter of Interpretation Hi Carolyn, We received the following request for a letter of interpretation. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: Brian Eberly [mailto:brian@ybiofuels.org] Sent: Friday, January 06,20124:18 PM To: PHMSA HM InfoCenter Subject: Formal Letter of Interpretation Hello, I wish to get interpretation on the classification of a material for bulk trucking. I believe the material is except under 49 CRF 173.150 e, as a material having a low flashpoint due only to alcohol in an aqueous solution and having no other hazardous components. Our material is a byproduct of the production of biodiesel, is consists of crude glycerin and wash water. The primary components are water, glycerin and methanol, with small amounts of soaps, salts and vegetable oil. The methanol content varies, but it is usually 10% and never higher than 20% (v/v), the mixture is always more than 50% water. As methanol meets the definition for alcohol as described in 49 CRF 382.107, I believe our mixture is not classified as a hazardous material. Is this correct? Cheers, Brian Eberly Process Engineer Yokayo Biofuels Ukiah, CA 707-468-1065 x 101 brian 1#