{"operation":"document","citation":"12-0268","title":"Koppers Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-05","effective_on":null,"summary":"12-0268 response to Koppers Inc. concerning 171.8, 172.101, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0268.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0268.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0268","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120268.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\nFEB 0 5 20J3\nMs. Erin S. Murray\nKoppers Inc.\n436 Seventh Avenue\nPittsburgh, PA 15219-1800\nRefNo.: 12-0268\nDear Ms. Murray:\nThis is a response to your November 30, 2012 email requesting clarification ofthe\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 00-185) with\nregard to the classification of petroleum products for transport. You state that you ship\nproducts that are a result of distillations of petroleum residuum. These products contain\nconstituents that are listed under Appendix A to § 172.101, the hazardous substances table;\nhowever they do not meet the definition of any of the nine hazard classes. Specifically, you\nseek clarification on the definition of hazardous substance and whether your petroleum\nproducts are subject to the requirements of the HMR.\nIn accordance with the definition in§ 171.8, a hazardous substance does not include\npetroleum, including crude oil or any fraction thereof which is not otherwise specifically\nlisted or designated as such in Appendix A to § 172.1 01 of this subchapter. Therefore,\nunless the complete petroleum product is specifically listed in Appendix A to § 172.101,\nconstituents of the petroleum products that are reportable quantities are not considered when\ndetermining if a material is a hazardous substance.\nIn regard to classification of this material, § 173.22 states that it is the shipper's\nresponsibility to properly classifY a hazardous material. This office does not perform that\nfunction. However, upon review of the Materials Safety Data Sheet (MSDS) you supplied,\nit is the opinion of this office that your product does not meet the definition of a hazardous\nsubstance specified in § 171.8, and is not subject to the HMR.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\n____ ___._,ontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nSuehak\n/st']J,~\nErin S. Murray\nLogistics Regulatory Affairs Manager\nNovember 30, 2012\n~ 17Z./DI . .\nArrJ fea~~ ''0\nKoppers Inc. l 'l- {)J-h B\n436 Seventh Avenue\nPittsburgh, PA 15219-1800\nTel412 227 2248\nFax 412 227 2423\nMurrayES@koppers.com\nwww.koppers.com\nUnited States Department of Transportation\nInformation Center\nWashington, DC\nSubject: Requesting Formal letter of Interpretation on Petroleum/Hazardous Substance\nExclusion\nTo Whom It May Concern:\nWe are writing to request that you issue an opinion letter verifying that Koppers is properly\nclassifying its petroleum products as non-hazardous substances, and that they are therefore not\nregulated under 49 CFR 171.8 due to the hazardous substance exclusion for petroleum.\nKoppers ships petroleum distillate products. These products are a result of vc:1rious distillations\nof petroleum residuum. The products do have constituents which are hazardous substances\nand these substances are listed under appendix A in 172. 1 01. However, because these\nsubstances are shipped as an integral component of a petroleum distillate product, we believe\nthat the petroleum exclusion for hazardous substances (49 CFR 171.8) applies and that\nKoppers can ship those petroleum products as non-regulated by DOT. The product does not\nmeet any other hazardous class definition.\nWe understand that carriers of these products will have to meet the conditions of 49 CFR Part\n130 regarding Oil Spill Prevention and Response Plans.\nPlease advise if we are correct in our understanding of this hazardous substance exclusion for\npetroleum.\nThank you for your time and consideration of this matter.\nSincerely,\n('' ' . / ........ ,,\n{ ;\\_} . .J~·~. ~ . ) V\\A.A.A.A .. /lC~~-\nErin S. Murray /.--- ----=-\n' ,._,_","truncated":false,"body_characters":3838}