{"operation":"document","citation":"23-0017","title":"Vantage Specialties, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-07-12","effective_on":null,"summary":"23-0017 response to Vantage Specialties, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77711/230017.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 12, 2023\nMr. Donovan Robin\nRegulatory Affairs Manager\nVantage Specialties, Inc.\n3938 Porett Drive\nGurnee, IL 60031\nReference No. 23-0017\nDear Mr. Robin:\nThis letter is in response to your February 27, 2023, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nof an environmentally hazardous substance. Specifically, you ask how a mixture containing “1-\nBromopropane” should be treated under the HMR.\nAppendix A to § 172.101 of the HMR—List of Hazardous Substances and Reportable\nQuantities—provides the materials and their corresponding reportable quantities (RQs) that are\nlisted or designated as “hazardous substances” under section 101(14) of the Comprehensive\nEnvironmental Response, Compensation, and Liability Act (CERCLA; 42 U.S.C. 9601 et seq).\nAs of today, the Environmental Protection Agency has included “1-Bromopropane” on its list of\nhazardous substances, but the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) has not yet added this material to Appendix A to § 172.101.\nWhile PHMSA conducts its rulemaking process to potentially add “1-Bromopropane” to the list\nof hazardous substances in Appendix A to § 172.101, it is the opinion of this Office that “1-\nBromopropane” may be shipped as “RQ, NA3082, Other regulated substances, liquid, n.o.s., (1-\nBromopropane mixture, non-flammable), 9, III.\n”\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nWolcott\n23-0017\nFrom: DerKinderen, Dirk (PHMSA)\nTo: Hazmat Interps\nSubject: FW: 1-Bromopropane, hazardous substance status for transport in the US\nDate: Monday, February 27, 2023 4:10:14 PM\nPlease enter into the system as a request for a letter of interpretation.\nThanks,\nDirk Der Kinderen\nChief, Standards Development Branch\nPHMSA\n202-366-4460 (desk)\n202-365-4684 (cell)\nFrom: Donovan Robin \nSent: Monday, February 27, 2023 3:44 PM\nTo: DerKinderen, Dirk (PHMSA) \nCc: Nicholas Marinelli \nSubject: RE: 1-Bromopropane, hazardous substance status for transport in the US\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nHi Dirk\nVantage is shipping a mixture that contains 1-Bromopropane. As you are aware, 1-\nBromopropane has recently been added to the hazardous substance list RQ of 1 lb.\nThe product is not otherwise classified, so we are shipping it NA3082, Other regulated\nsubstances, Liquid, n.o.s. (1-Bromopropane mixture, non-flammable), 9, III RQ\nThis is no problem for domestic shipments.\nBut, the product is not regulated outside the US, so when we want to export it, freight\nhandlers hesitate to load the drums onto shipping containers because of the class 9 NA3082\nlabel, and they get really confused when they don’t see 1-Bromopropane listed in 49 CFR\n172.101 Appendix A. So far, we have been able to resolve these situations but it requires a\ngreat deal time spent e-mailing explanations and revising shipping documents.\nIs it possible to get a letter from PHMSA that explains 1-Bromopropane and the 172.101\nappendix A listing? This would help us explain the product shipping status to the freight\nhandlers.\n\n<<>>\n\nLet us know what you think. Your consideration is greatly appreciated.\nBest regards,\nDonovan Robin\nRegulatory Affairs Manager\nVantage Specialties, Inc.\n3938 Porett Drive |Gurnee, IL 60031 USA\nOffice: 847-249-6783\nMobile: 773-497-9902\nFrom: Barre, Jennifer \nSent: Thursday, February 16, 2023 11:25 AM\nTo: Donovan Robin \nCc: DerKinderen, Dirk (PHMSA) \nSubject: RE: 1-Bromopropane hazardous substance status for transport\nThis message has originated from an External Source. Please use proper judgment and\ncaution when opening attachments, clicking links, or responding to this email.\nHello Robin~\nI just got off a call with PHMSA. PHMSA will be working on a rule to update the\nDOT List of Hazardous Substance [42 CFR 172.101 Appendix A] to ensure that it\nis reflective of the CERCLA List of Hazardous Substances [40 CFR 302.4], this will\ninclude adding 1-Bromopropane to the DOT List. The rule making process is\nexpected to take several months for a Notice of Proposed Rule Making (NPRM) to\nbe published and then a few more months for the rule to be published as a Final\nRule.\nPHMSA has offered to provide a Letter of Interpretation to address your concerns.\nI have copied Dirk DerKinderen on this email. Please reach out to him for the\nLetter of Interpretation and to discuss any DOT regulatory concerns that you may\nhave.\nThank you for reaching out.\nv/r,\nJennifer Barre\nPhysical Scientist ● Regulations Implementation Division – Chemical Branch\nU.S. Environmental Protection Agency ● Office of Emergency Management\nE-mail: barre.jennifer@epa.gov ● (202) 564-9026\n\n<<>>\n\nFrom: Donovan Robin \nSent: Thursday, February 9, 2023 4:24 PM\nTo: Barre, Jennifer \nSubject: RE: 1-Bromopropane hazardous substance status for transport\nThanks for the explanation. DR\nFrom: Barre, Jennifer \nSent: Thursday, February 9, 2023 3:21 PM\nTo: Donovan Robin \nSubject: RE: 1-Bromopropane hazardous substance status for transport\nThis message has originated from an External Source. Please use proper judgment and\ncaution when opening attachments, clicking links, or responding to this email.\nHello, I just wanted to let you know that I’m working this.\nIn the interim, you can consider referring people to the statue that feeds the DOT\nList or even to the Code of Federal Regulations where the list is published [42 CFR\n172.101 Appendix A]. It states in that it’s a statutory requirement for the DOT list\nto include the CERCLA list.\nAppendix A to §172.101 - List of Hazardous Substances and Reportable Quantities\n1. This Appendix lists materials and their corresponding reportable quantities\n(RQ's) that are listed or designated as \"hazardous substances'' under section\n101(14) of the Comprehensive Environmental Response, Compensation, and\nLiability Act, 42 U.S.C. 9601(14) (CERCLA; 42 U.S.C. 9601 et seq). This listing\nfulfills the requirement of CERCLA, 42 U.S.C. 9656(a), that all ``hazardous\nsubstances,'' as defined in 42 U.S.C. 9601(14), be listed and regulated as\nhazardous materials under 49 U.S.C. 5101-5127. That definition includes\nsubstances listed under sections 311(b)(2)(A) and 307(a) of the Federal Water\nPollution Control Act, 33 U.S.C. 1321(b)(2)(A) and 1317(a), section 3001 of the\nSolid Waste Disposal Act, 42 U.S.C. 6921, and section 112 of the Clean Air Act, 42\nU.S.C. 7412. In addition, this list contains materials that the Administrator of the\nEnvironmental Protection Agency has determined to be hazardous substances in\naccordance with section 102 of CERCLA, 42 U.S.C. 9602. It should be noted that\n42 U.S.C. 9656(b) provides that common and contract carriers may be held liable\nunder laws other than CERCLA for the release of a hazardous substance as\ndefined in that Act, during transportation that commenced before the effective\ndate of the listing and regulating of that substance as a hazardous material under\n49 U.S.C. 5101-5127.\nv/r,\nJennifer Barre\nPhysical Scientist ● Regulations Implementation Division – Chemical Branch\nU.S. Environmental Protection Agency ● Office of Emergency Management\nE-mail: barre.jennifer@epa.gov ● (202) 564-9026\n\n<<>>\n\nFrom: Donovan Robin \nSent: Thursday, February 9, 2023 2:32 PM\nTo: Barre, Jennifer \nSubject: 1-Bromopropane hazardous substance status for transport\nHi Jennifer-\nThis is my contact info in regards to the 40 CFR 302.4 hazardous substance listing of 1-\nBromopropane vs. the 49 CFR 172.101 Appendix A list. For transportation.\nDonovan Robin\nRegulatory Affairs Manager\nVantage Specialties, Inc.\n3938 Porett Drive |Gurnee, IL 60031 USA\n847-249-6783","truncated":false,"body_characters":8400}