{"operation":"document","citation":"12-0061","title":"David L. McLamb, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-10","effective_on":null,"summary":"12-0061 response to David L. McLamb, Inc. concerning 171.8, 172.101, 173.2, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0061.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0061.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0061","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120061.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. David L. McLamb\nPresident, David L. McLamb, Inc.\n12701 Barnes Bridge Road\nLaurinburg, NC 28352\nReference No. 12-0061\nDear Mr. McLamb:\nThis is in response to your February 17, 2012 e-mail and March 2, 2012 telephone\nconversation with a member of my staff concerning how to classify and package windshield\nwasher fluid under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYou state the fluid contains 30 percent \"UN 1230, Methanol, 3, PG II\" and 70 percent water,\nhas a flashpoint temperature of 105 °F, and freezes at -20 °F. You also state you want to\ntransport this material monthly by motor vehicle in either 55 gallon drums or 250 gallon\nintermediate bulk containers (IBCs) to customers in the automotive repair industry and\ndispense it into their drums using a meter and hose. We have paraphrased your questions\nand answered them in the order you provided.\nQl. Methanol has a reportable quantity of 5,000 pounds (2,270) kg) on the HMR's List\nof Hazardous Substances and Reportable Quantities Table (Hazardous Substances\nTable; § 172.101, Appendix A). How do I comply with both the Hazardous\nMaterials Table(§ 172.101) and the Hazardous Substances Table when shipping\nmethanol?\nAl. Under the HMR, a \"hazardous material\" is a substance or material that meets the\ndefinition of one or more of the U.S. Department of Transportation's (DOT's) nine\nhazard classes and divisions listed in § 173.2 and prescribed in 49 CFR Part 173,\nSubparts C, D, and I. It also includes materials designated as hazardous in the\nHazardous Materials Table (see §§ 171.8 and 172.101), and materials that meet the\ndefining criteria in § 171.8 for a hazardous substance, hazardous waste, marine\npollutant, or elevated temperature material.\nTo be classified as a hazardous substance, the mixture you described must contain at\nleast 5,000 pounds of methanol in one package at a concentration of 10 percent or\nmore. Section 173.22 requires that a shipper properly class and describe a hazardous\nmaterial for transportation in commerce. This Office does not typically perform this\nfunction. However, based on the information you provided, it is the opinion of this\nOffice that the mixture you describe cannot meet the definition of a hazardous\n\n<<<PAGE 2>>>\n\n02. A2. substance for methanol when placed in containers that are 55 and 250 gallons in size.\nProvided the mixture does not meet the definition of any other hazard class under the\nHMR, the mixture is not subject to the HMR.\nCan the windshield washer fluid I described be transported in IBCs or in non-bulk\npackages that contain less than 119 gallons without being regulated as a hazardous\nsubstance under the § 172.101, Appendix A table?\nThe answer is yes. Both packages described in your letter do not permit the quantity\nof methanol in one package to exceed 5,000 pounds.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nDavid L Mclamb\nDavid L Mclamb Inc\n12701 Barnes Bridge Rd.\nLaurinburg, NC 28352\nFebruary 17, 2012\n£.cl m OV1 .so V1\n·c§l72./0I\nA Pf I I ~c.tkJl '[,. fy\n17--00(r;[\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nUS DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Betts:\nMy question is in regard to transporting a 30% solution of Methanol and 70% water, dye and surfactants\n(-20 windshield washer fluid) in either 250 gallon IBCs or 55 gallon drums. The 30% solution mentioned\nabove has a generally accepted flashpoint of 105 degrees F. Part 173 (b) 2 says that such a liquid may be\nreclassified as a combustible liquid.\nI currently transport non-hazardous liquid products used in the automotive repair industry, visiting my\ncustomers monthly and dispensing these products into their drums through a meter and hose. I would\nlike to add a windshield washer fluid to my product line but am aware that in the Hazardous Materials\ntable, Methanol is classified as a Class 3 flammable liquid. However, it is also listed in the Hazardous\nSubstances table with an RQ of 5000 pounds. Therein lays the difficulty for me in interpreting the\nregulations. As I understand the regulations, normally a hazardous substance would not be regulated as\nhazardous if the RQ was not met in one package. However, the fact that it is also listed as a Class 3\nflammable must certainly be considered.\nTherefore, my questions are:\n1. How are the Hazardous Materials table and the Hazardous Substances table to be\nreconciled regarding Methanol?\n2. Can the above mentioned mixture be transported in IBCs (bulk packaging) or in packages\ncontaining less than 119 gallons (non-bulk packaging) without being regulated as hazardous,\nbased on the Hazardous Substances table?\nThank you very kindly, Mr. Betts, for considering this matter.\nDavid L Mclamb, President\nDavid L Mclamb Inc\n910-217-1871","truncated":false,"body_characters":5069}