Currie Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S.Department of Transportation 400 Seventh Street, S.W Washington, D.C. 20590 Special Programs Research and Administration JAN 3 0 1998 Mr. John V. Currie President Currie Associates, Inc. 1118 Bay Road Lake George, NY 12845-4618 Dear Mr. Currie: : This is in response to your letter of August 18, 1997, concerning the proper shipping name for the material "di-tert butylphenol", a member of the "alkylphenols" chemical group. You indicate that the melting point has been determined to be 51.7°C (125°F) to 56.5°C (134°F) for 2,4-di-tert butylphenol and 36°C (96.8°F) to 37°C (98.6°F) for 2,6-di-tert butylphenol. You further indicate that this material is heated and offered for transportation at a temperature of 43.3°C (110°F) to 60°C (140°F) to facilitate loading and unloading operations. You point out that a "liquid," as defined in 49 CFR 171.8, means a material other than an elevated temperature material, with a melting point or initial melting point of 20°C (68°F) or lower at a standard pressure of 101.3 kPa (14.7 psi). An "elevated temperature material" means a material which, when offered for transportation or transported in a bulk packaging: (1) is in a liquid phase and at a temperature at or above 100°C (212°F); (2) is in a liquid phase with a flashpoint at or above 37.8°C (100°F) that is intentionally heated and offered for transportation or transported at or above its flashpoint; or (3) is in a solid phase and at a temperature at or above 240°C (464°F). Your questions are paraphrased and answered as follows: Q1. Is it correct that this material meets the definition for a solid rather than a liquid, does not meet the definition for an elevated temperature material and, for a formulation which meets the definition for Class 8, would correctly be described as "Alkylphenols, solid, n.o.s."? A1. Yes. :#

Page 2Q2. The proper shipping name "Alkylphenols, solid, n.o.s." is not listed among the n.o.s. descriptions in § 172.203(k). Does this mean that a technical name is not required in association with the basic description? A2. Yes. "Alkylphenols, solid, n.o.s." is a descriptive chemical name and there is no requirement to further identify the technical constituents of the material. Q3. For purposes of international transportation by vessel, would the material be considered a solid? : A3. Yes. The tests for determining whether a material is a "liquid" or a "solid" are the same under both the HMR and the International Maritime Dangerous Goods (IMDG) Code. Q4. Alkylphenols are a listed marine pollutant. For purposes of international transportation by vessel, if a particular alkylphenols formulation does not meet the definition for Class 8, or any other hazard class, should it be described as "Environmentally hazardous substances, solid, i.o.s., Class 9, UN3077?" A4. Yes. The marine pollutant regulations in 49 CFR, which are based on the IMDG, identify specific chemicals and certain NOS listings as marine pollutants in Appendix B. The Appendix B list was developed on the basis of marine pollutant classification decisions taken by the International Maritime Organization and by the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP). Under both the IMDG Code and the 49 CFR requirements, a material which meets the criteria for Class 8 and would be transported under the description "Alkylphenols, solid, n.o.s." is a marine pollutant. In the case of mixtures or solutions of alkylphenols which in the pure form meet the criteria for Class 8, if the concentration of the alkylphenols meeting Class 8 criteria is 10% or more, the mixture or solution would be considered a marine pollutant, regardless of whether the mixture or solution met the criteria for Class 8. When these mixtures and solutions do not meet the criteria for Classes 1 through 8, they should be transported under the appropriate Class 9 description for environmentally hazardous substances. In the situation which you describe, a material which meets the definition for a solid is offered tor transportation and transported in liquid form. Use of packagings appropriate for a material in iquid me addressed in § §2.10l(4). Also, this office is concerned that using a shipping description that identifies the material as a solid may not convey appropriate information to emergency responders concerning the ability of the material to readily flow. To more accurately describe the material, the shipper may want to include additional information on the shipping paper concerning the physical state of the material. Alternatively, the shipper may want to reguso an on oval, asherin prescripion which notudes the woreiate sterial in domestic "Alkylphenols, liquid, n.o.s."#

Page 3: I hope this information is helpful and I apologize for the delay in responding. If we can be of further assistance, please contact us. Sincerely, Edward T. Mazzullo Director, Office of Hazardous Materials Standards - i-#

Page 4Kaum : 172.101(a) SC: 170,174 CURRIE ASSOCIATES, INC. THE GLOBAL COMPLIANCE PROFESSIONALS August 18, 1997 Mr. Alan I. Roberts Associate Administrator for Hazardous Materials Safety United States Department of Transportation Research and Special Programs Administration 400 Seventh Street S.W. Washington, DC 20590 Dear Mr. Roberts: On behalf of a client, I am soliciting an interpretation from your administration regarding the proper description on the shipping paper accompanying a shipment of a hazardous material when offered in transportation. The material at issue is "Di-tert butylphenol" which is not listed by technical name in the $172.101 Table but is a member of the "Alkylphenols" chemical group. Alkylphenols is a listed proper shipping name either as a liquid UN3145 or as a solid UN2430. The definition of a liquid in 49 CFR states "Liquid means a material, other than an elevated temperature material, with a melting point or initial melting point of 20°C (68°F) or lower at a standard pressure of 101.3 kPa (14.7 psi). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D 4359 'Standard Test Method for Determining Whether a Material is Liquid or Solid'." The melting point of Di-tert butylphenol has been determined to be 51.7°C (125°F) to 56.5°C (134°F) for 2,4-di-țert-butylphenol and 36°C (96.8ºF) tọ 37°C (98.6°F) for 2,6-di-tert- butylphenol. Therefore, the material does not meet the regulatory definition of a liquid and must then be classified as a solid. The material is heated and offered for transpoitation at a temiperature.of 43.3°C (110°F) to 60°C (140°I) to facilitate greater efficiency in loading and regulatory definition of an elevated temperature material since it is not heated to a unloading operations with: a loss in transit of up to 4°F per day, but does not meet the - temperature of 100°C or more in the liquid phase or 240°C in a solid phase. Based on the above, is it a correct interpretation of the regulations that the material at issue is a solid and would correctly be described as "Alkylphenols, solid, i.o.s." with no further technical name description required since "Alkylphenols, solid, n.o.s." is not listed in $172.203(k)(3) of 49 CFR? Class 9 265°F RECYCLED 1118 BAY ROAD • LAKE GEORGE, NEW YORK 12845-4618 • TEL: (518) 767-0668 • FAX: (518) 792-7781 http: //www.currieassociates.com Email: currie@netheaven.com#

Page 5For the purpose of uniformity, when intended for international transportation by water and classified per the International Maritime Dangerous Goods Code, this material would again be classified as a solid since it does not meet the definition of a liquid in IMDG, General Introduction 5.1.10, with a melting point of 20°C or lower at a pressure of 101.3 kPa. Since Alkylphenols are also a listed marine pollutant, if the particular Alkylphenols ormulation did not meet the detinition of a Class 8, corrosive material, is it a correc issumption that the proper shipping description would then be "Environmentally hazardou substance, solid, n.o.s." in Class 9 and would be identified by the identification number UN3077? important to iny client. I would like to thank you in advance for your prompt response to this inquiry which is very Sincerely, Shatlunice John V. Currie President#

Page 603703 0 16:10 ID:DUPONT WILM. FM. D-3069 FAX: 302-774-8897 PAGE 1 folluwup chal Date: 3/3/97 Total Pages 1/6) FAX #: (202) 366-5213 Guil 5/27 Please chect To: _AL ROBERTS a- status. DoT. ESPA WASHINGTiN, DE From: Thomas C. Reese DuPont Company Hazardous Matarials Distribution D-3062-3 Wilmington, DE 19898 Phone #: (302) 173-0696 FAX#: (302) 7718897 Comments: _ attachine sogg of the letter ene Ports al#

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Page 805203 '97 16:10 ID: DUPONT WILM. RM. D-3069 FAX: 302-774-8897 PAGE 2 6/25/96 MR. EDWARD MAZZULLO OFFICE OF HAZARDOUS MATERIALS STANDARDS (DHM-10) U.S. DEPARTMENT OF TRANSFORTATTON RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 400 SEVENTH STREET SW WASHINGION, DC 20590-0001 Dear Sir: E.I. duPont de Nemours and Company, Inc. (DuPont) manufactures a conmodity identified as HMI AMINE BLEND (BAB). BAB is a mixture of 2-Methylpentamethylen diamine, Bis (Hexamethylene) triamine, 1,2-Diaminocylohexane, i:"amethylenediamine, and various identified and unidentil. d amines and nitriles lIefer to enclosed MSDS for a detailed compositional breakdown of BAB). BAB is an alkaline material meeting the definition for a class 8 corrosive, in packing gicup 11. It does not meet the criteria for any other hazard class. Cupont has determined that the melting point for this commodity ranges from 2 to 34 degrees Celsius (C). BAB is: shipped slightly warm to keep it liquefied, not an elevated temperature material, not a hazardous substance, and not a marine pollutant. Recent changes to our nitional, and the various international, safe transportation regu tions adopted new definitions for a 1lquid and a solid. In andition, proper shipping names which include modifiers like ridic, basic, organic, inorganic, liquid, and solid were added to ::e 49CFR172.101 table. These changes and additions make choosing he correct proper shipping name fox a commodity like BAB very Ifficult. This is also true for other materials which have mul ple melting points within a range that includes the 20 C thres.: d value lound in the current definition for a liquid. Applying L: = new liquid definition to these unique materials is not only a inallenge but also very confusing. Any decision is subject to : lifferent interpretation by local, national and internatio. ! enforcement agencies, as well as carriers, other shipper:, customers, and Dupont's internal ship points.#

Page 905/03 '97 16:11 : ID: DUPONT WILM. RM. D-3069 FAX: 302-774-8897 PAGE 3 • • Meting are titanager can not econds t after i t identification numbers and proper shipping names to describe a single commodity, like BAB, that can change its physical form from a liquid to a solid, and back again, with each shipment. 1) Is it acceptable to use one UN identification number and proper shipping name to describe all shipments of BAB others meet the definition for a solid? regardless if some meet the definition for a liquid, and 2) Which proper shipping name is appropriate to apply to shipments of BAB? 3) Can DOT provide guidance on classifying materials as a liquid or solid when the matyrials are known to exhibit multiple melting points over a range that includes the 20 C threshold value? Please discuss this matter with Frits Wybenga and Bob Richard. at the various United Nations organization meetings they attended They may have some information, or insight, regarding discussions to debate the definitions for a liquid and a solid . My telephone number is (302) 773-0696. My mail address is: 1 ch & Market Streets =. I. dupont de Nemours and Company, Inc. Hazardous Malerials Distribution DuPont Sourcing/D-3062-3 Wilmington, DE 19898 Your comments and guidance will be very much appreciated. Sincerely yours, Tell Thomas C. Reese Senior Hazardous Materials Specialist#

Page 1003/03 '97 16:12 ID:DUPONT WILM. FM. D-3069 FAX: 302-774-8897 PAGE 4 DuPont Page 1 Material Safety Data Sheet BHMT AMINE BLEND 6050CR Revised 28-SEP-1996 Printed 3-MAR-1997 CHEMICAL PRODUCT/COMPANY IDENTIFICATION Material Identification Corporate MSDS Number : DU005970 Company Identification MANUFACTURER/DISTRIBUTOR DuPont 1007 Market Street Wilmington, DE 19898 PHONE NUMBERS Product Information : 1-800-231-0998 Medical Emergency Transport Energency : CHEMTREC: 1-800-424-9300 : 1-800-441-3637 COMPOSITION/INFORMATION ON INGREDIENTS --. Components Material CAS Number BIS (HEXAMETHYLENE) TRIAMINE 1, 2-DIAMINOCYCLOHEXANE 694-83-7 143-23-7 8-64 5-60 2-METHYLPENTAMETHYLENEDIAMINE 15520-10-2 0-16 HEXAMETHYLENEDIAMINE 124-09-4 105-60-2 1-32.6 CAPROLACTAM 21544-02-5 0. 5-4 2- (AMINOMETHYL) CYCLOPENTYLAMINE 0-4 6 - AMINOCAPROAMIDE 6-AMINOCAPRONITRILE 2432-74-8 WATER 7732-18-5 373-04-6 0.2-2.4 0.2-2.4 0-12 *AMMONIA HEXAMETHYLENEIMINE 7664-41-7 111-49-9 0-4 *BENZENE 71-43-2 <0.26 0-4 OTHER UNIDENTIFIED AMINZS AND NITRILES** 1.2-56 DECANEDIAMINES (PRIMARI!., 1, 10 ISOMER) 0-4 * Disclosure as a toxic chenical is required under Section 313 of Title III of the Superfur. Anendments and Reauthorization Act of 1986 and 40 CFR part 372. Components (Remarks) **These amines and nitriles consist primarily of: aminoalkylhexahydrozzepines. oligomeric polyamines, oligoneric aminonitriles, and#

Page 1103/03 197 16:12 ID :DUPONT WILM. RM. D-3069 FAX: 302-774-8897 PAGE 5 60,50CR DuPont Page 2 Material Safety Data Sheet HAZARDS IDENTIFICATION Potential Health Effects May cause burns of the skin and eyes. May cause allergic skin rashes. Harmful if inhaled or absorbed through the upper gastrointestinal tract. skin. Ingestion may cause severe burns of the mouth and This product contains low amounts of benzene, a cancer agent. HUMAN HEALTH EFFECTS: skin contact may cause skin burns or ulceration. Animal Animal data suggests that skin permeation can occur in data suggests this material may cause allergic skin rashes. amounts capable of producing systenic toxicity. stanse toxicity Eye contact may cause eye corrosion with corneal or conjunctival ulceration. Inhalation may cause irritation of the upper Ingestion may cause swiere burns of the mouth and tissues of respiratory passages :ith coughing and discomfort. the upper gastrointest: nal tract with severe pain, bleeding, vomiting, diarrhea and collapse of blood pressure. CAPROLACTAM May irritate skin, eyes, nose and throat. May cause allergic skin rasher. May permeate skin in toxic amounts. confusion, incoord!r.lion and loss of Inhalation may cauac inusea, headache, weakness, dizziness, consciousness. Repeated abnormalities, carric: scular effects and abnormal bloo exposure "ause asthma-like reactions, liver test results. INHALATION Human experience or case reports have identified the following potential ellects from overexposure: Irritation of the nose and throst ''ih sneezing, sore throat or runny nose • Irritation ii ile digestive tract with stomach pain, heartburn, nausea, i-iiing or diarrhea; however there may be no symptoms at :1'. Liver abnormalities. Central nervous system dryiti on with dizziness, confusion, incoordination, dicw. • 588 or unconsciousness. Repeated and/or prolonged expr: 're may cause: An asthma-like reaction with shortness of br: "'h, wheezing or cough, which may occur after re-exposure to vcry low levels. Liver abnormalities. Cardiovascular effectu. Abnormal blood test results, especially altered hui. one levels. SKIN CONTACT following potent! .:. ects Ixon overexposure: Irritation Human experience or . ie reports have identified the with itching with itching, bur : or Fion. ikin permeation may occur in arounts r, iedness, swelling or rash. Dermatitis#

Page 1203×03 '97 16:13 ID:DUPONT WILM. RM. D-3069 FAX: 302-774-8897 PAGE 6 60.50CR Material Safety Data Sheet DuPont Page 3 (HAZARDS IDENTIFICATION - Continued) capable of producing the effects of systenie toxicity. EYE CONTACT Eye irritation with tearing, pain or blurred vision. ADDITIONAL HEALTH EFFECTS be observed in percon: with pre-existing disease of the: Increased susceptit|lity to the effects of this material may Carcinogeniclty Infortitlon The following components are listed by IARC, NTP, OSHA Or ACGIH as A "p" indicates a proposed caroinogen. Material BENZENE IARC NIP OSHA ACGIH Dupont controls the follining materials as potential carcinogens: BENZENE. FIRST AID MEASURES First Aid INHALATION Il inhaled, remove tv fresh air. If not breathing, give oxygen. Call a P artificial respiratier. If breathing is difficult, give SKIN CONTACT water for at least 1o, inutes while removing contaminated In case of contact, iradiately flush skin with plenty of clothing and shos:. •Il a physician. Wash contaminated clothing before I ur:. EYE CONTACT water for at lea:• In case of contact, indiately flush eyes with plenty of - inutes. call a physician. INGESTION If swallowed, do not nduce vomiting. Innediately give 2 glasses of water 'vated charcoal slurry. Call a physician immed!. Never give anything by mouth to an unconscious pers? NOTE:#

Page 1303/03 197 16:14 ID:DUPONT WILM. RM. D-3069 FAX: 302-774-8897 : PAGE 7 60,50CR DuPont Page 4 Material Safety Data Sheet (FIRSI AID MEASURES - Continued) o prepare activatad Charcoal blurry, suspend 50 gram ativated charcoal In 100 mL water and mix thoroughly Give 5 mL/kg of body weighs, or 350 ml for an average adult. Notes to Physicians After ingestion, the patient may improve after the initial later, stricture esophagus may occur. «? • FIRE FIGHTING MEASURE: Flammable Properties Flash Point : 75-121 C (167-250 F) combustible. Heatir.; can release vapors which can be ignited. oxides of nitro. i Hazardous gases/? Extinguishing Media Water Spray, Four, I i Chemical. Carbon Dioxide (CC..). Fire Fighting Instru Lions Keep personnel r. and upwind of fire. Wear self-contained breathing appar ar full protective equipment. cool tank/container • I spray. Hose with water 1.i alstance to prevent splashing on personnel. ACCIDENTAL RELEASE SURES Safeguards (Personn NOTE: Review FIX : :"™NG MEASURES and HANDLING (PERSONNEL) sections befor ''ng with clean-up. Use appropriate PERSONAL PROTEC IPMENT during clean-up. Evacuate personi .: roughly ventilate area, use self-contained breathing appar-.#

Page 141 : HMT ASSOCIATES, L.L.C. 1850 K STREET, N.W. WASHINGTON, D.C. 20006-3500 SUITE 200 EA. ALTEMOS (202) 463-3511 GORDON ROUSSEAU PATRICIA A. QUINN FACSIMILE (202) 463-3512 WRITER'S DIRECT DIAL NUMBER (202) 463-3511 e-mail address gorrou@pipeline.com Friday, November 21, 1997 Mr. Edward T. Mazzullo Director Office of Hazardous Materials Standards Research & Special Programs Admn. Department of Transportation Washington, DC 20590 Dear Mr. Mazzullo: On September 18, 1997, because of a disagreement between two shippers about the wrote you for guidance. (For your convenience, a copy of the earlier correspondence is correct description to be used in the cargo tank transportation of a liquid hazardous material, we attached.) The company we represent believes that a material being transported in a cargo tank in liquid form should be described using a DOT description that communicates that the material is in liquid form. Another company insists that, notwithstanding that the material is in liquid form during transportation, the shipper must describe it as a solid. Our letter was written because this other company advised us that it had written to you and were awaiting your reply. With our letter to you, we enclosed a copy of their letter so advising us (without identification of the writer), which opened: "To follow up on our conversation of last week, I wanted to share with you the basis of our submission to the US Department of Transportation(DOT)." It now develops that the company never sent any letter to DOT. Rather, received "verbal confirmation of this from DOT, RSPA, Office of Hazardous Materials Standards they advised recently that the basis for their position is a conversation in which its consultant in February 1995," i.e., "the physical form of a material at 20°C will determine it's description as a solid, even when it is shipped molten." No further information is given about the DOT contact or what was discussed. For your information, the "molten" form in question is a liquid being shipped at approximately 65°C and which has a melting point in the 51° to 57°C range. The material in question does not meet DOT's definition for an elevated temperature material. Our position seems to have been confirmed earlier in the enclosed letter by your Mr. Billings, dated May 30, 1997, to the DuPont company. The company we represent is a manufacturer of the product. The company that held the "solid" position will soon be buying material from our client and wants to require our client to offer them the material for transportation in liquid form at 65°C, described as a solid. They state that this is required by the regulations. The company we represent feels that this is wrong and that it could lead to serious hazard communication and response problems.#

Page 15• : HMT ASSOCIATES, L.L.C. Edward Mazzullo Office of Hazardous Materials Standards Friday, November 21, 1997 Page 2 We explained in our earlier letter that we acknowledged that there could be some that the intent of DOT is when transporting a material in the free liquid state, it should be ambiguity about the application of the definition for liquids. Other rules, however, make it clear described as a liquid not a solid. Could we receive your written confirmation that insofar as concerns the material escribed in our letter, it is DOT's intent that a material transported in liquid form should be is attached together with a 3.5" floppy disk in WordPerfect format containing the attached draft lescribed during transportation as a liquid. To aid in reducing your workload, a suggested reply We thank you for your assistance in this matter. Sincerely, Carton teasin Gordon Rousseau Enclosure CC: D. Billings, RSPA/OHM#

Page 16:: •. Gordon Rousseau HMT Associates, L.L.C. 1850 K Street NW Suite 200 Washington, DC 20006 Dear Mr. Rousseau: This is in response to your letter of November 20, 1997, regarding the shipment of a heated hazardous material in liquid form within a cargo tank. The material is described as having a melting point in the range of 51° to 57°C, and is transported at approximately 65°C so that it is in a liquid state during its entire transportation cycle. This letter is to advise that it is DOT's intent that a hazardous material transported in suri form as red be described during troportation as a liquid using an appropriate shipping I hope that this information is helpful. If you need additional assistance, do not hesitate to contact us. Sincerely, Edward I. Mazzullo Director, Office of Hazardous Materials Standards#

Page 17• •. HMT ASSOCIATES, I.L.C. 1850K STREET, N.W. WASHINGTON. D.C. 20006-3500 SUITE 200 PATRICIA A. QUINN EA. ALTEMOS (202) 463-3511 GORDON ROUSSEAU FACSIMILE (202) 463-3512 WRITER'S DIRECT DIAL NUMBER e-mail address (202) 463-3511 gorrou@pipeline.com Thursday, September 18, 1997 Mr. Edward Mazzullo Director Office of Hazardous Materials Standards Department of Transportation Research & Special Programs Admn. Washington, DC 20590 Dear Mr. Mazzullo: it to turn to liquid and then is transported in this liquid state to destination. However, this material This letter concerns the transportation of a material that is heated before loading causing loes not meet the definition of an elevated temperature material. The melting point of the naterial, however, is higher than the temperature given in the DOT definitions in $ 171.8 fo liquid and liquid phase, respectively, i.e., "Liquid means a material, other than an elevated tempcrature matcrial, with a melting point or initial melting point of 20°C (68°F) or lower at a standard pressure of 101.3 kPa (14.7 psi). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D 4359 'Standard Test Method for Determining Whether a Material is Liquid or Solid'. higher of the temperature at which it is offered for transportation or at which it is "Liquid phase means a material that meets the definition of 'liquid' when evaluated at the transported, not at the 37.8°C (100°F) temperature specified in ASTM D 4359-84." A client has inquired as to the correct description for this higher melting point material inasmuch as it believes that the proper description to be used should be that one of two alternative descriptions that contains the word "liquid". A similar description exists for this same material in the solid state at which time the word "solid" must appear as part of the DOT proper shipping description. The melting point of the material in question is approximately 51°C (125°F) to 57°C. (134°F). We believe that on the basis of the requirements set forth in § 172.101(c)(10)(i)(A), it is DOT's intent that the actual physical state of the material during transportation is what should be is DOT's intent, based on the wording of § 173.24(e)(5), that a material which may be in a liquid used to assess and select the appropriate shipping name and packaging. I believe that it further#

Page 18HMT ASSOCIATES, L.L.C. Office of Hazardous Materials Standards Edward Mazzullo Research & Special Programs Admn. Thursday, September 18, 1997 state during transportation must be loaded into packaging that is capable of containing a liquid material. Thus, there can be no mistake about the fact that the packaging used for any substance that is liquid during transportation must be an appropriate packaging for liquid appropriate for liquids. It would, nevertheless, need to conform to required specification containment without, admittedly, specifying that it must be DOT specification packaging packaging requirements for the named material as shown in the DOT hazardous materials table. instant situation. Rather, the question revolves solely around the selection of the proper DOT The issue of the appropriate specification packaging to be used is not a question in the shipping name and, I might add, how that DOT shipping name communicates the nature of the material being transported. This is important since many decisions including those related to packaging, handling on a vehicle and emergency response can well stem from the choice made. Based on all these considerations, we believe that a material that is actually transported be described as a liquid. To conclude that because a material does not meet the definition for in the liquid state, irrespective of the DOT definitions for liquid or liquid phase logically can only liquid or liquid phase, notwithstanding it is a liquid during its actual transportation, and that indeed it must be described during transportation as a solid, is a contradiction in fact not supported or prescribed by anything in the regulations. One could conclude, perhaps, that a person offering or transporting such a material described as a solid probably should not (or could not) be cited for violation since the DOT definition for liquid phase probably would need to conclude with the phrase "unless it is offered for transportation in the liquid state and so remains during its transportation* or some such wording. While not precisely the same issue, in a recent letter your staff wrote to DuPont (copy enclosed) about such a matter. In response to the question - "Can DOT provide guidance on classifying materials as a liquid or solid when the materials are known to exhibit multiple melting points over a range that includes the 20°C threshold value?" DOT's reply stated unambiguously that - "The physical form of a material when packaged and loaded for transportation determines whether it is a solid or a liquid." technicality. In fact, it did not even reference this fact which undoubtedly was known to the DOT From the perspective of the material's actual state, the answer did not rely on a definitional author. The material in our question is not only loaded in the liquid state in a cargo tank, it is transported to destination in its liquid form. you, been brought to our attention. The enclosed letter was forwarded to our client and contains My letter would have gone unwritten had not another letter, apparently recently sent to the substance of an inquiry that apparently has been only recently sent to you. The difficulty with the enclosed letter is that it limits itself to a discussion of the meaning of the words in the#

Page 19HINT ASSOCIATES, L.L.C. Edward Mazzullo Office of Hazardous Materials Standards Research & Special Programs Admn. Thursday, September 18, 1997 regulation and not the circumstances of the person attempting to apply these words. A critical missing element in the enclosed letter, in my opinion, is the fact that the question is being posed, liquid state. We believe our letter clarifies an important issue if the question has been and the question will be related, to a material that in fact is being transported to destination in its incompletely presented as the enclosure would indicate. Without presuming to suggest your response to any other letter you may have received, should be not only be handled as a liquid, it should be so described as well. We believe that to we simply wish to confirm by our letter that if indeed a material is transported in the liquid state, it read the rules such that they would require a material transported in the liquid state to be described as a solid would result in a grossly misleading element of your "hazard communication" rules. We appreciate your attention to this matter. Sincerely, pusse Gordon Rousseau cc: D. Billings, DOT Enclosures#

Page 20To follow up on our conversation of last week, I wanted to share with you the basis of our submission to the US Department of Transportation (DOT). The definition of a liquid in 49 CFR, the DOT regulatory code, states, "Liquid be determined must be subjected to the procedures specified in ASTM D 4359 "Standard Test Method for Determining Whether a Material is Liquid or Solid'." (125°F) to 56.5°C (134°F) for 2.4 Di-tertiary-butyiphenol and 36°C (96.8°F) to The melting point of Di-tertiary-butylphenol has been determined to be 51.7°C 37°C (98.6°F) for 2,6 Di-tertiary-butylphenol. Therefore, the materal does not meet the regulatory definition of a liquid and must then be classitied as a solid. The material is heated and offered for transportation at a temperature of 43.3°C (10°F) to 60°C (140°F) to facilitate greater efficiency in loading and unloading operations with a loss in transit up to 4°F per day, but does not meet the regulatory delinition of an elevated temperature material since it is not heated to a temperature of 100°C or more in the liquid phase or 240°C in the solid phase. We anticipate the DOT interpretation to reflect the above reasoning. Our agreed with us. A final review and decision is pending, but should be completed consultant has advised us that he submitted the above, and they have initially within the next two weeks. Once received, I'll send you a copy. Best regards.#

Page 21titu • Jodi U.S Department 400 Seventh Street S.W. of Transportation Washington, D.C. 20590 MAY 30 1997 Mr. Thomas C. Reese • E.I. du Pont de Nemours and Company, Inc. 10th & Market Streets Hazardous Materials Distribution • DuPont Sourcing/D-3062-3 Wilmington, DE 19898 Dear Mr. Reese: This is in response to your letter regarding your material identified as BHMT amine blend (BAB). I apologize for the delay in responding and hope it has not caused any inconvenience. Your questions have been paraphrased and answered as follows: Q1. Is it acceptable to use one proper shipping description to describe all shipments of BAB regardless if some meet the definition for a liquid, and others meet the definition for a ..: solid? ...: Al. The answer is no. It is not acceptable because solids must be identified as solids and liquids must be identified as liquids according to the definitions provided in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and § 172.101. Q2. Which proper shipping name is appropriate to apply to shipments of BAB? A2. As provided in § 173.22, it is the shipper's responsibility to classify properiy a hazardous material. This office does not perform that function. If a material is not specifically Listed by name in the Hazardous Materials Table (§ 172.101), then selection of a proper shipping name must be made from the general description entries corresponding to the specific hazard class, packing group, and subsidiary hazards of the material. However, based on the information you provided, it is the opinion of this office that the material should be described as Amines, liquid, corrosive, NOS (list 2 major components), 8, UN 2735, PG II. •#

Page 22Q3. Can DOT provide guidance on classifying materials as a liquid or solid when the materials are known to exhibit multiple melting points over a range that includes the 20°C threshold value? A3. The physical form of a material when packaged and loaded for transportation determines whether it is either a solid or a liquid. I hope this information is helpful. If you need additional assistance, do not hesitate to contact us. Sincerely, Lane Savalle for Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards#