{"operation":"document","citation":"24-0021","title":"Sasol Chemicals — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-06-12","effective_on":null,"summary":"24-0021 response to Sasol Chemicals concerning 171.8, 172.101, 172.102, 172.325, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-06/240021.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 12, 2024\nNita Moniaga\nManager, Regulatory Affairs Chemicals\nSasol Chemicals\n12120 Wickchester Lane\nHouston, TX 77079\nReference No. 24-0021\nDear Ms. Moniaga,\nThis letter is in response to your March 20, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to assigning the correct proper\nshipping name for environmentally hazardous substances. Specifically, you state a material—\nidentified as a marine pollutant according to international regulations—presents as a solid\nsubstance at room temperature (i.e., ambient temperature) but is heated for loading and is offered\nfor and transported in a liquid phase as defined in § 171.8.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether offering the material for transport—in liquid phase—warrants the\nmaterial to be described with United Nations (UN) identification number and proper\nshipping name, “UN3082, Environmentally hazardous substance, liquid, n.o.s.” or\nwhether “UN3077, Environmentally hazardous substance, solid, n.o.s.” with the\nqualifying word “molten” is more appropriate.\nA1. In this case, it is at the discretion of the offeror (i.e., the shipper). As specified in § 173.22\nof the HMR, a shipper is responsible for, among others, properly describing and\npackaging, a hazardous material for transportation in commerce. Additionally, as you\nstate, the material meets criteria for a marine pollutant under international regulations\nand—therefore—may be transported in accordance with the HMR as a Class 9 marine\npollutant. See (4.) in Appendix B to the § 172.101 Hazardous Materials Table (HMT).\nFor reference, § 172.101(i)(4) provides a table for use when the packaging specified for a\nhazardous material specifically named in the HMT is not applicable to the form being\n\n<<>>\n\nQ2.\nA2.\nQ3.\nA3.\ntransported (e.g., the packaging specified is for a solid material and the material being\noffered for transport is a liquid).\nYou ask whether § 172.102 special provision 335 requires, when free standing liquid is\nobserved at the time of loading a material or observed when the package or transport unit\nis sealed, that the material cannot be described and classified as “UN3077,\nEnvironmentally hazardous substance, solid.”\nSee answer A1. Based on our understanding that the material is offered and transported\nsolely in the liquid phase, special provision 335 is not applicable.\nYou ask when considering the solid state of the material at room temperature and the\ncriteria of § 172.325 for elevated temperature material, is describing the material as\n“UN3077, Environmentally hazardous substance, solid, n.o.s., molten” more appropriate.\nSee answer A1. In this case, elevated temperature material is not applicable as your\nmaterial does not meet the definition of an elevated temperature material as defined in\n§ 171.8. However, to ensure that complete information concerning the material is\nprovided, the qualifying word “molten” may be added to the shipping description in\naccordance with § 172.101(c)(16).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\n24-0021\nRoundtree\nJones, Jessie Jane CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Friday, March 22, 2024 10:50 AM\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Request for Proper Shipping Name for Environmental\nHazardous Substance\nHi Alice,\nPlease see the below interpretation request from Nita Moniaga.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Moniaga, Nita (NC) \nSent: Wednesday, March 20, 2024 9:18 AM\nTo: PHMSA Pipelinesafety \nSubject: RE: Letter of Interpretation Request for Proper Shipping Name for Environmental Hazardous Substance\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click\non links or open attachments unless you recognize the sender and know the content is safe.\nDear PHMSA,\nMy apologies missed the unit temperature below. It should be 100 °C instead of 100 deg and have added the\nclarification. Please let me know if you require further information.\nNita Moniaga\nManager, Regulatory Affairs\nChemicals\nTel +1 281-588-3492\nE-mail Nita.moniaga@us.sasol.com\n12120 Wickchester Lane\nHouston, Texas 77079-2990\nwww.sasol.com\n1\n\n<<>>\n\nFrom: Moniaga, Nita (NC)\nSent: Wednesday, March 20, 2024 8:23 AM\nTo: 'phmsa.pipelinesafety@dot.gov' \nSubject: Letter of Interpretation Request for Proper Shipping Name for Environmental Hazardous Substance\nImportance: High\nDear PHMSA,\nA material classified as marine pollutant is offered for transport in the US in Liquid Phase. Under room\ntemperature, the material in question presents as a solid substance at ambient temperature (20 °C). During\ntransfer and handling, it is heated above its melting point (36.7-38.9 °C) by approximately 11 °C (20 °F) or\nwhatever necessary to achieve free flow. If they are shipped in tanker trucks and railcars, the product is heated\nonly if needed prior to final delivery to ensure liquidity and complete transfer of material from transport\nvehicle. Tank trucks may need additional steaming if delivery temperature is subject to specific customer\nrequirements. The material is not heated above 100 °C nor it is heated above its flash point, and thus it does not\nmeet Elevated Temperature definition in § 172.325.\nThe material has been identified as a marine pollutant according to international transport regulations.\nConsequently, it falls under Class 9, being subject to either UN 3082, Environmentally Hazardous Substance,\nliquid, n.o.s., or UN 3077, Environmentally Hazardous Substance, solid, n.o.s., depending on its state.\nA “liquid phase” as defined in 49 CFR 171.8, means a material that meets the definition of liquid when evaluated\nat the higher of the temperature at which it is offered for transportation or at which it is transported, not at the\n38 °C (100 °F) temperature specified in ASTM D 4359.\nThe column for special provisions (§ 172.102) indicates that Special Provision 335 applies to both UN3082 and\nUN3077.\nAccording to 49 CFR § 172.102 Special provisions 335:\nMixtures of solids that are not subject to this subchapter and environmentally hazardous liquids or solids may be\nclassified as “Environmentally hazardous substances, solid, n.o.s,” UN3077 and may be transported under this\nentry, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or\ntransport unit is closed. Each transport unit must be leakproof when used as bulk packaging.\nAccording to UNECE Chapter 3.3 Special Provision 335, if free liquid is visible upon loading or sealing, the\nsubstance must be classified under UN3082.\nWe are seeking clarification on the following given the nature of our material, which is offered in liquid phase\nduring transport, and in liqht of the instruction given under Special Provision 335:\na) Whether the fact that the material is shipped in liquid phase suffice to warrant the material shall be\nclassified as UN3082, ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.\nb) Whether 49 CFR Special Provision 335 implies that if free liquid is observed at the me of loading the\nmixture, or when sealing the packaging or transport unit, the mixture cannot be classified as UN3077\nand shall be classified under UN3082.\n2\n\n<<>>\n\nc) Whether it would be more appropriate to classify it as UN3077, ENVIRONMENTALLY HAZARDOUS\nSUBSTANCE, SOLID, N.O.S., MOLTEN considering the natural phase of the material at room temperature\nbeing solid. During a recent phone conversa on with DOT, it was men oned by DOT that the word\n“MOLTEN” are associated with Elevated Temperature materials. Considering that this material does not\nmeet the criteria of Elevated Temperature of § 172.325, we ask if “MOLTEN” would be an appropriate\nsuffix.\nWe would greatly appreciate your guidance on this matter. We ask that the letter of interpretation to be\nreturned electronically via email.\nSincerely,\nNita Moniaga\nManager, Regulatory Affairs\nChemicals\nTel +1 281-588-3492\nE-mail Nita.moniaga@us.sasol.com\n12120 Wickchester Lane\nHouston, Texas 77079-2990\nwww.sasol.com\nNOTICE: Please note that this eMail, and the contents thereof, is subject to the standard Sasol eMail legal notice\nwhich may be found at: http://www.sasol.com/legal-notices\nIf you cannot access the legal notice through the URL attached and you wish to receive a copy thereof please\nsend an eMail to legalnotice@sasol.com\n3","truncated":false,"body_characters":8835}