{"operation":"document","citation":"98-0396","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-01-30","effective_on":null,"summary":"98-0396 response to Currie Associates, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0396.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0396.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0396","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980396.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\n400 Seventh Street, S.W\nWashington, D.C.\n20590\nSpecial Programs\nResearch and\nAdministration\nJAN 3 0 1998\nMr. John V. Currie\nPresident\nCurrie Associates, Inc.\n1118 Bay Road\nLake George, NY 12845-4618\nDear Mr. Currie:\n:\nThis is in response to your letter of August 18, 1997, concerning the proper shipping name for\nthe material \"di-tert butylphenol\", a member of the \"alkylphenols\" chemical group.\nYou indicate that the melting point has been determined to be 51.7°C (125°F) to 56.5°C (134°F)\nfor 2,4-di-tert butylphenol and 36°C (96.8°F) to 37°C (98.6°F) for 2,6-di-tert butylphenol. You\nfurther indicate that this material is heated and offered for transportation at a temperature of\n43.3°C (110°F) to 60°C (140°F) to facilitate loading and unloading operations.\nYou point out that a \"liquid,\" as defined in 49 CFR 171.8, means a material other than an\nelevated temperature material, with a melting point or initial melting point of 20°C (68°F) or\nlower at a standard pressure of 101.3 kPa (14.7 psi). An \"elevated temperature material\" means a\nmaterial which, when offered for transportation or transported in a bulk packaging: (1) is in a\nliquid phase and at a temperature at or above 100°C (212°F); (2) is in a liquid phase with a\nflashpoint at or above 37.8°C (100°F) that is intentionally heated and offered for transportation\nor transported at or above its flashpoint; or (3) is in a solid phase and at a temperature at or above\n240°C (464°F).\nYour questions are paraphrased and answered as follows:\nQ1.\nIs it correct that this material meets the definition for a solid rather than a liquid,\ndoes not meet the definition for an elevated temperature material and, for a\nformulation which meets the definition for Class 8, would correctly be described as\n\"Alkylphenols, solid, n.o.s.\"?\nA1.\nYes.\n:\n\n<<<PAGE 2>>>\n\nQ2.\nThe proper shipping name \"Alkylphenols, solid, n.o.s.\" is not listed among the n.o.s.\ndescriptions in § 172.203(k). Does this mean that a technical name is not required in\nassociation with the basic description?\nA2.\nYes. \"Alkylphenols, solid, n.o.s.\" is a descriptive chemical name and there is no\nrequirement to further identify the technical constituents of the material.\nQ3.\nFor purposes of international transportation by vessel, would the material be\nconsidered a solid?\n:\nA3.\nYes. The tests for determining whether a material is a \"liquid\" or a \"solid\" are the same\nunder both the HMR and the International Maritime Dangerous Goods (IMDG) Code.\nQ4.\nAlkylphenols are a listed marine pollutant. For purposes of international\ntransportation by vessel, if a particular alkylphenols formulation does not meet the\ndefinition for Class 8, or any other hazard class, should it be described as\n\"Environmentally hazardous substances, solid, i.o.s., Class 9, UN3077?\"\nA4.\nYes. The marine pollutant regulations in 49 CFR, which are based on the IMDG, identify\nspecific chemicals and certain NOS listings as marine pollutants in Appendix B. The\nAppendix B list was developed on the basis of marine pollutant classification decisions\ntaken by the International Maritime Organization and by the Joint Group of Experts on\nthe Scientific Aspects of Marine Pollution (GESAMP). Under both the IMDG Code and\nthe 49 CFR requirements, a material which meets the criteria for Class 8 and would be\ntransported under the description \"Alkylphenols, solid, n.o.s.\" is a marine pollutant. In\nthe case of mixtures or solutions of alkylphenols which in the pure form meet the criteria\nfor Class 8, if the concentration of the alkylphenols meeting Class 8 criteria is 10% or\nmore, the mixture or solution would be considered a marine pollutant, regardless of\nwhether the mixture or solution met the criteria for Class 8. When these mixtures and\nsolutions do not meet the criteria for Classes 1 through 8, they should be transported\nunder the appropriate Class 9 description for environmentally hazardous substances.\nIn the situation which you describe, a material which meets the definition for a solid is offered\ntor transportation and transported in liquid form. Use of packagings appropriate for a material in\niquid me addressed in § §2.10l(4). Also, this office is concerned that using a shipping\ndescription that identifies the material as a solid may not convey appropriate information to\nemergency responders concerning the ability of the material to readily flow. To more accurately\ndescribe the material, the shipper may want to include additional information on the shipping\npaper concerning the physical state of the material. Alternatively, the shipper may want to\nreguso an on oval, asherin prescripion which notudes the woreiate sterial in domestic\n\"Alkylphenols, liquid, n.o.s.\"\n\n<<<PAGE 3>>>\n\n:\nI hope this information is helpful and I apologize for the delay in responding. If we can be of\nfurther assistance, please contact us.\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n- i-\n\n<<<PAGE 4>>>\n\nKaum\n: 172.101(a)\nSC: 170,174\nCURRIE ASSOCIATES, INC.\nTHE GLOBAL COMPLIANCE PROFESSIONALS\nAugust 18, 1997\nMr. Alan I. Roberts\nAssociate Administrator for Hazardous Materials Safety\nUnited States Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street S.W.\nWashington, DC 20590\nDear Mr. Roberts:\nOn behalf of a client, I am soliciting an interpretation from your administration regarding the\nproper description on the shipping paper accompanying a shipment of a hazardous material\nwhen offered in transportation. The material at issue is \"Di-tert butylphenol\" which is not\nlisted by technical name in the $172.101 Table but is a member of the \"Alkylphenols\"\nchemical group. Alkylphenols is a listed proper shipping name either as a liquid UN3145 or as\na solid UN2430.\nThe definition of a liquid in 49 CFR states \"Liquid means a material, other than an elevated\ntemperature material, with a melting point or initial melting point of 20°C (68°F) or lower at\na standard pressure of 101.3 kPa (14.7 psi). A viscous material for which a specific melting\npoint cannot be determined must be subjected to the procedures specified in ASTM D 4359\n'Standard Test Method for Determining Whether a Material is Liquid or Solid'.\"\nThe melting point of Di-tert butylphenol has been determined to be 51.7°C (125°F) to\n56.5°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-\nbutylphenol. Therefore, the material does not meet the regulatory definition of a liquid and\nmust then be classified as a solid. The material is heated and offered for transpoitation at a\ntemiperature.of 43.3°C (110°F) to 60°C (140°I) to facilitate greater efficiency in loading and\nregulatory definition of an elevated temperature material since it is not heated to a\nunloading operations with: a loss in transit of up to 4°F per day, but does not meet the\n-\ntemperature of 100°C or more in the liquid phase or 240°C in a solid phase.\nBased on the above, is it a correct interpretation of the regulations that the material at issue is\na solid and would correctly be described as \"Alkylphenols, solid, i.o.s.\" with no further\ntechnical name description required since \"Alkylphenols, solid, n.o.s.\" is not listed in\n$172.203(k)(3) of 49 CFR?\nClass 9\n265°F\nRECYCLED\n1118 BAY ROAD • LAKE GEORGE, NEW YORK 12845-4618 • TEL: (518) 767-0668 • FAX: (518) 792-7781\nhttp: //www.currieassociates.com\nEmail: currie@netheaven.com\n\n<<<PAGE 5>>>\n\nFor the purpose of uniformity, when intended for international transportation by water and\nclassified per the International Maritime Dangerous Goods Code, this material would again be\nclassified as a solid since it does not meet the definition of a liquid in IMDG, General\nIntroduction 5.1.10, with a melting point of 20°C or lower at a pressure of 101.3 kPa.\nSince Alkylphenols are also a listed marine pollutant, if the particular Alkylphenols\normulation did not meet the detinition of a Class 8, corrosive material, is it a correc\nissumption that the proper shipping description would then be \"Environmentally hazardou\nsubstance, solid, n.o.s.\" in Class 9 and would be identified by the identification number\nUN3077?\nimportant to iny client.\nI would like to thank you in advance for your prompt response to this inquiry which is very\nSincerely,\nShatlunice\nJohn V. Currie\nPresident\n\n<<<PAGE 6>>>\n\n03703 0 16:10\nID:DUPONT WILM. FM. D-3069\nFAX: 302-774-8897\nPAGE\n1\nfolluwup\nchal\nDate:\n3/3/97\nTotal Pages 1/6)\nFAX #:\n(202) 366-5213\nGuil 5/27\nPlease chect\nTo:\n_AL ROBERTS\na- status.\nDoT.\nESPA\nWASHINGTiN, DE\nFrom: Thomas C. Reese\nDuPont Company\nHazardous Matarials Distribution D-3062-3\nWilmington, DE 19898\nPhone #: (302) 173-0696\nFAX#: (302) 7718897\nComments: _\nattachine sogg of the letter ene\nPorts al\n\n<<<PAGE 7>>>\n\nRaisinghed to\nGüre\n4/11./97\nte Tech (DHN-20) 5/22\nDiane\n\n<<<PAGE 8>>>\n\n05203 '97 16:10\nID: DUPONT WILM. RM. D-3069\nFAX: 302-774-8897\nPAGE\n2\n6/25/96\nMR. EDWARD MAZZULLO\nOFFICE OF HAZARDOUS MATERIALS STANDARDS (DHM-10)\nU.S. DEPARTMENT OF TRANSFORTATTON\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\n400 SEVENTH STREET SW\nWASHINGION, DC 20590-0001\nDear Sir:\nE.I. duPont de Nemours and Company, Inc. (DuPont) manufactures a\nconmodity identified as HMI AMINE BLEND (BAB). BAB is a mixture\nof 2-Methylpentamethylen diamine, Bis (Hexamethylene) triamine,\n1,2-Diaminocylohexane, i:\"amethylenediamine, and various\nidentified and unidentil. d amines and nitriles lIefer to\nenclosed MSDS for a detailed compositional breakdown of BAB).\nBAB is\nan alkaline material meeting the definition for a class 8\ncorrosive, in packing gicup 11. It does not meet the criteria for\nany other\nhazard class. Cupont has determined that the melting\npoint for this commodity ranges from 2 to 34 degrees Celsius (C).\nBAB is: shipped slightly warm to keep it liquefied, not an\nelevated temperature material, not a hazardous substance, and not\na marine pollutant.\nRecent changes to our nitional, and the various international,\nsafe transportation regu\ntions adopted new definitions for a\n1lquid and a solid. In andition, proper shipping names which\ninclude modifiers like ridic, basic, organic, inorganic, liquid,\nand solid were added to ::e 49CFR172.101 table. These changes and\nadditions make\nchoosing\nhe correct proper shipping name fox a\ncommodity like BAB very\nIfficult. This is also true for other\nmaterials which have mul ple melting points within a range that\nincludes the 20 C thres.: d value lound in the current definition\nfor a liquid. Applying L: = new liquid definition to these unique\nmaterials is not only a inallenge but also very confusing. Any\ndecision is subject to : lifferent interpretation by local,\nnational and internatio. ! enforcement agencies, as well as\ncarriers, other shipper:, customers, and Dupont's internal ship\npoints.\n\n<<<PAGE 9>>>\n\n05/03 '97 16:11\n:\nID: DUPONT WILM. RM. D-3069\nFAX: 302-774-8897\nPAGE\n3\n•\n•\nMeting are titanager can not econds t after i t\nidentification numbers and proper shipping names to describe a\nsingle commodity, like BAB, that can change its physical form\nfrom a liquid to a solid, and back again, with each shipment.\n1) Is it acceptable to use one UN identification number and\nproper shipping name to describe all shipments of BAB\nothers meet the definition for a solid?\nregardless if some meet the definition for a liquid, and\n2) Which proper shipping name is appropriate to apply to\nshipments of BAB?\n3) Can DOT provide guidance on classifying materials as a liquid\nor solid when the matyrials are known to exhibit multiple\nmelting points over a range that includes the 20 C threshold\nvalue?\nPlease discuss this matter with Frits Wybenga and Bob Richard.\nat the various United Nations organization meetings they attended\nThey may have some information, or insight, regarding discussions\nto debate the definitions for a liquid and a solid .\nMy telephone number is (302) 773-0696.\nMy mail address is:\n1 ch & Market Streets\n=. I. dupont de Nemours and Company, Inc.\nHazardous Malerials Distribution\nDuPont Sourcing/D-3062-3\nWilmington, DE 19898\nYour comments and guidance will be very much appreciated.\nSincerely yours,\nTell\nThomas C. Reese\nSenior Hazardous Materials Specialist\n\n<<<PAGE 10>>>\n\n03/03\n'97 16:12\nID:DUPONT WILM. FM. D-3069\nFAX: 302-774-8897\nPAGE\n4\nDuPont\nPage\n1\nMaterial Safety Data Sheet\nBHMT AMINE BLEND\n6050CR\nRevised 28-SEP-1996\nPrinted 3-MAR-1997\nCHEMICAL PRODUCT/COMPANY IDENTIFICATION\nMaterial Identification\nCorporate MSDS Number : DU005970\nCompany Identification\nMANUFACTURER/DISTRIBUTOR\nDuPont\n1007 Market Street\nWilmington, DE 19898\nPHONE NUMBERS\nProduct Information\n: 1-800-231-0998\nMedical Emergency\nTransport Energency\n: CHEMTREC: 1-800-424-9300\n: 1-800-441-3637\nCOMPOSITION/INFORMATION ON INGREDIENTS\n--.\nComponents\nMaterial\nCAS Number\nBIS (HEXAMETHYLENE) TRIAMINE\n1, 2-DIAMINOCYCLOHEXANE\n694-83-7\n143-23-7\n8-64\n5-60\n2-METHYLPENTAMETHYLENEDIAMINE\n15520-10-2\n0-16\nHEXAMETHYLENEDIAMINE\n124-09-4\n105-60-2\n1-32.6\nCAPROLACTAM\n21544-02-5\n0. 5-4\n2- (AMINOMETHYL) CYCLOPENTYLAMINE\n0-4\n6 - AMINOCAPROAMIDE\n6-AMINOCAPRONITRILE\n2432-74-8\nWATER\n7732-18-5\n373-04-6\n0.2-2.4\n0.2-2.4\n0-12\n*AMMONIA\nHEXAMETHYLENEIMINE\n7664-41-7\n111-49-9\n0-4\n*BENZENE\n71-43-2\n<0.26\n0-4\nOTHER UNIDENTIFIED AMINZS AND NITRILES**\n1.2-56\nDECANEDIAMINES (PRIMARI!., 1, 10 ISOMER)\n0-4\n* Disclosure as a toxic chenical is required under Section 313 of\nTitle III of the Superfur. Anendments and Reauthorization Act of 1986\nand 40 CFR part 372.\nComponents (Remarks)\n**These amines and nitriles consist primarily of:\naminoalkylhexahydrozzepines.\noligomeric polyamines, oligoneric aminonitriles, and\n\n<<<PAGE 11>>>\n\n03/03 197 16:12\nID :DUPONT WILM. RM. D-3069\nFAX: 302-774-8897\nPAGE\n5\n60,50CR\nDuPont\nPage\n2\nMaterial Safety Data Sheet\nHAZARDS IDENTIFICATION\nPotential Health Effects\nMay cause burns of the skin and eyes. May cause allergic\nskin rashes. Harmful if inhaled or absorbed through the\nupper gastrointestinal tract.\nskin. Ingestion may cause severe burns of the mouth and\nThis product contains low\namounts of benzene, a cancer agent.\nHUMAN HEALTH EFFECTS:\nskin contact may cause skin burns or ulceration. Animal\nAnimal data suggests that skin permeation can occur in\ndata suggests this material may cause allergic skin rashes.\namounts capable of producing systenic toxicity.\nstanse toxicity\nEye contact\nmay cause eye corrosion with corneal or conjunctival\nulceration.\nInhalation may cause irritation of the upper\nIngestion may cause swiere burns of the mouth and tissues of\nrespiratory passages :ith coughing and discomfort.\nthe upper gastrointest: nal tract with severe pain, bleeding,\nvomiting, diarrhea and collapse of blood pressure.\nCAPROLACTAM\nMay irritate skin, eyes, nose and throat. May cause\nallergic skin rasher.\nMay permeate skin in toxic amounts.\nconfusion, incoord!r.lion and loss of\nInhalation may cauac inusea, headache, weakness, dizziness,\nconsciousness.\nRepeated\nabnormalities, carric: scular effects and abnormal bloo\nexposure\n\"ause asthma-like reactions,\nliver\ntest results.\nINHALATION\nHuman experience or case reports have identified the\nfollowing potential ellects from overexposure: Irritation of\nthe nose and throst ''ih sneezing, sore throat or runny\nnose •\nIrritation ii ile digestive tract with stomach pain,\nheartburn, nausea, i-iiing or diarrhea; however there may\nbe no symptoms at :1'.\nLiver abnormalities.\nCentral\nnervous system dryiti on with dizziness, confusion,\nincoordination, dicw.\n• 588 or unconsciousness. Repeated\nand/or prolonged expr: 're may cause: An asthma-like reaction\nwith shortness of br: \"'h, wheezing or cough, which may occur\nafter re-exposure to vcry low levels. Liver abnormalities.\nCardiovascular effectu.\nAbnormal blood test results,\nespecially altered hui. one levels.\nSKIN CONTACT\nfollowing potent! .:. ects Ixon overexposure: Irritation\nHuman experience or . ie reports have identified the\nwith itching\nwith itching, bur\n: or Fion. ikin permeation may occur in arounts\nr, iedness, swelling or rash. Dermatitis\n\n<<<PAGE 12>>>\n\n03×03 '97 16:13\nID:DUPONT WILM. RM. D-3069\nFAX: 302-774-8897\nPAGE\n6\n60.50CR\nMaterial Safety Data Sheet\nDuPont\nPage\n3\n(HAZARDS IDENTIFICATION - Continued)\ncapable of producing the effects of systenie toxicity.\nEYE CONTACT\nEye irritation with tearing, pain or blurred vision.\nADDITIONAL HEALTH EFFECTS\nbe observed in percon: with pre-existing disease of the:\nIncreased susceptit|lity to the effects of this material may\nCarcinogeniclty Infortitlon\nThe following components are listed by IARC, NTP, OSHA Or ACGIH as\nA \"p\" indicates a proposed caroinogen.\nMaterial\nBENZENE\nIARC NIP OSHA ACGIH\nDupont controls the follining materials as potential carcinogens:\nBENZENE.\nFIRST AID MEASURES\nFirst Aid\nINHALATION\nIl inhaled, remove tv fresh air. If not breathing, give\noxygen. Call a P\nartificial respiratier.\nIf breathing is difficult, give\nSKIN CONTACT\nwater for at least 1o, inutes while removing contaminated\nIn case of contact, iradiately flush skin with plenty of\nclothing and shos:.\n•Il a physician. Wash contaminated\nclothing before I ur:.\nEYE CONTACT\nwater for at lea:•\nIn case of contact,\nindiately flush eyes with plenty of\n- inutes.\ncall a physician.\nINGESTION\nIf swallowed, do not nduce vomiting. Innediately give 2\nglasses of water\n'vated charcoal slurry. Call a\nphysician immed!.\nNever give anything by mouth to an\nunconscious pers?\nNOTE:\n\n<<<PAGE 13>>>\n\n03/03 197 16:14\nID:DUPONT WILM. RM. D-3069\nFAX: 302-774-8897\n:\nPAGE\n7\n60,50CR\nDuPont\nPage\n4\nMaterial Safety Data Sheet\n(FIRSI AID MEASURES - Continued)\no prepare activatad Charcoal blurry, suspend 50 gram\nativated charcoal In 100 mL water and mix thoroughly\nGive\n5 mL/kg of body weighs, or 350 ml for an average adult.\nNotes to Physicians\nAfter ingestion, the patient may improve after the initial\nlater, stricture\nesophagus may occur.\n«? •\nFIRE FIGHTING MEASURE:\nFlammable Properties\nFlash Point\n: 75-121 C (167-250 F)\ncombustible. Heatir.; can release vapors which can be ignited.\noxides of nitro. i\nHazardous gases/?\nExtinguishing Media\nWater Spray, Four, I i Chemical.\nCarbon Dioxide (CC..).\nFire Fighting Instru Lions\nKeep personnel r.\nand upwind of fire. Wear self-contained\nbreathing appar\nar full protective equipment.\ncool\ntank/container •\nI spray.\nHose with water 1.i\nalstance to prevent splashing on\npersonnel.\nACCIDENTAL RELEASE\nSURES\nSafeguards (Personn\nNOTE: Review FIX : :\"™NG MEASURES and HANDLING (PERSONNEL)\nsections befor\n''ng with clean-up. Use appropriate\nPERSONAL PROTEC\nIPMENT during clean-up.\nEvacuate personi\n.: roughly ventilate area, use self-contained\nbreathing appar-.\n\n<<<PAGE 14>>>\n\n1\n:\nHMT ASSOCIATES, L.L.C.\n1850 K STREET, N.W.\nWASHINGTON, D.C. 20006-3500\nSUITE 200\nEA. ALTEMOS\n(202) 463-3511\nGORDON ROUSSEAU\nPATRICIA A. QUINN\nFACSIMILE (202) 463-3512\nWRITER'S DIRECT DIAL NUMBER\n(202) 463-3511\ne-mail address\ngorrou@pipeline.com\nFriday, November 21, 1997\nMr. Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nResearch & Special Programs Admn.\nDepartment of Transportation\nWashington, DC 20590\nDear Mr. Mazzullo:\nOn September 18, 1997, because of a disagreement between two shippers about the\nwrote you for guidance. (For your convenience, a copy of the earlier correspondence is\ncorrect description to be used in the cargo tank transportation of a liquid hazardous material, we\nattached.) The company we represent believes that a material being transported in a cargo tank\nin liquid form should be described using a DOT description that communicates that the material\nis in liquid form. Another company insists that, notwithstanding that the material is in liquid form\nduring transportation, the shipper must describe it as a solid.\nOur letter was written because this other company advised us that it had written to you\nand were awaiting your reply. With our letter to you, we enclosed a copy of their letter so\nadvising us (without identification of the writer), which opened: \"To follow up on our conversation\nof last week, I wanted to share with you the basis of our submission to the US Department of\nTransportation(DOT).\" It now develops that the company never sent any letter to DOT. Rather,\nreceived \"verbal confirmation of this from DOT, RSPA, Office of Hazardous Materials Standards\nthey advised recently that the basis for their position is a conversation in which its consultant\nin February 1995,\" i.e., \"the physical form of a material at 20°C will determine it's description as a\nsolid, even when it is shipped molten.\" No further information is given about the DOT contact or\nwhat was discussed. For your information, the \"molten\" form in question is a liquid being\nshipped at approximately 65°C and which has a melting point in the 51° to 57°C range. The\nmaterial in question does not meet DOT's definition for an elevated temperature material.\nOur position seems to have been confirmed earlier in the enclosed letter by your Mr.\nBillings, dated May 30, 1997, to the DuPont company.\nThe company we represent is a manufacturer of the product. The company that held the\n\"solid\" position will soon be buying material from our client and wants to require our client to offer\nthem the material for transportation in liquid form at 65°C, described as a solid. They state that\nthis is required by the regulations. The company we represent feels that this is wrong and that it\ncould lead to serious hazard communication and response problems.\n\n<<<PAGE 15>>>\n\n• :\nHMT ASSOCIATES, L.L.C.\nEdward Mazzullo\nOffice of Hazardous Materials Standards\nFriday, November 21, 1997\nPage 2\nWe explained in our earlier letter that we acknowledged that there could be some\nthat the intent of DOT is when transporting a material in the free liquid state, it should be\nambiguity about the application of the definition for liquids. Other rules, however, make it clear\ndescribed as a liquid not a solid.\nCould we receive your written confirmation that insofar as concerns the material\nescribed in our letter, it is DOT's intent that a material transported in liquid form should be\nis attached together with a 3.5\" floppy disk in WordPerfect format containing the attached draft\nlescribed during transportation as a liquid. To aid in reducing your workload, a suggested reply\nWe thank you for your assistance in this matter.\nSincerely,\nCarton teasin\nGordon Rousseau\nEnclosure\nCC:\nD. Billings, RSPA/OHM\n\n<<<PAGE 16>>>\n\n::\n•.\nGordon Rousseau\nHMT Associates, L.L.C.\n1850 K Street NW\nSuite 200\nWashington, DC 20006\nDear Mr. Rousseau:\nThis is in response to your letter of November 20, 1997, regarding the shipment of a\nheated hazardous material in liquid form within a cargo tank. The material is described as having\na melting point in the range of 51° to 57°C, and is transported at approximately 65°C so that it is\nin a liquid state during its entire transportation cycle.\nThis letter is to advise that it is DOT's intent that a hazardous material transported in\nsuri form as red be described during troportation as a liquid using an appropriate shipping\nI hope that this information is helpful. If you need additional assistance, do not hesitate to\ncontact us.\nSincerely,\nEdward I. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 17>>>\n\n•\n•.\nHMT ASSOCIATES, I.L.C.\n1850K STREET, N.W.\nWASHINGTON. D.C. 20006-3500\nSUITE 200\nPATRICIA A. QUINN\nEA. ALTEMOS\n(202) 463-3511\nGORDON ROUSSEAU\nFACSIMILE (202) 463-3512\nWRITER'S DIRECT DIAL NUMBER\ne-mail address\n(202) 463-3511\ngorrou@pipeline.com\nThursday, September 18, 1997\nMr. Edward Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nDepartment of Transportation\nResearch & Special Programs Admn.\nWashington, DC 20590\nDear Mr. Mazzullo:\nit to turn to liquid and then is transported in this liquid state to destination. However, this material\nThis letter concerns the transportation of a material that is heated before loading causing\nloes not meet the definition of an elevated temperature material. The melting point of the\nnaterial, however, is higher than the temperature given in the DOT definitions in $ 171.8 fo\nliquid and liquid phase, respectively, i.e.,\n\"Liquid means a material, other than an elevated tempcrature matcrial, with a melting point\nor initial melting point of 20°C (68°F) or lower at a standard pressure of 101.3 kPa (14.7\npsi). A viscous material for which a specific melting point cannot be determined must be\nsubjected to the procedures specified in ASTM D 4359 'Standard Test Method for\nDetermining Whether a Material is Liquid or Solid'.\nhigher of the temperature at which it is offered for transportation or at which it is\n\"Liquid phase means a material that meets the definition of 'liquid' when evaluated at the\ntransported, not at the 37.8°C (100°F) temperature specified in ASTM D 4359-84.\"\nA client has inquired as to the correct description for this higher melting point material\ninasmuch as it believes that the proper description to be used should be that one of two\nalternative descriptions that contains the word \"liquid\". A similar description exists for this same\nmaterial in the solid state at which time the word \"solid\" must appear as part of the DOT proper\nshipping description. The melting point of the material in question is approximately 51°C (125°F)\nto 57°C. (134°F).\nWe believe that on the basis of the requirements set forth in § 172.101(c)(10)(i)(A), it is\nDOT's intent that the actual physical state of the material during transportation is what should be\nis DOT's intent, based on the wording of § 173.24(e)(5), that a material which may be in a liquid\nused to assess and select the appropriate shipping name and packaging. I believe that it further\n\n<<<PAGE 18>>>\n\nHMT ASSOCIATES, L.L.C.\nOffice of Hazardous Materials Standards\nEdward Mazzullo\nResearch & Special Programs Admn.\nThursday, September 18, 1997\nstate during transportation must be loaded into packaging that is capable of containing a liquid\nmaterial. Thus, there can be no mistake about the fact that the packaging used for any\nsubstance that is liquid during transportation must be an appropriate packaging for liquid\nappropriate for liquids. It would, nevertheless, need to conform to required specification\ncontainment without, admittedly, specifying that it must be DOT specification packaging\npackaging requirements for the named material as shown in the DOT hazardous materials table.\ninstant situation. Rather, the question revolves solely around the selection of the proper DOT\nThe issue of the appropriate specification packaging to be used is not a question in the\nshipping name and, I might add, how that DOT shipping name communicates the nature of the\nmaterial being transported. This is important since many decisions including those related to\npackaging, handling on a vehicle and emergency response can well stem from the choice made.\nBased on all these considerations, we believe that a material that is actually transported\nbe described as a liquid. To conclude that because a material does not meet the definition for\nin the liquid state, irrespective of the DOT definitions for liquid or liquid phase logically can only\nliquid or liquid phase, notwithstanding it is a liquid during its actual transportation, and that indeed\nit must be described during transportation as a solid, is a contradiction in fact not supported or\nprescribed by anything in the regulations. One could conclude, perhaps, that a person offering or\ntransporting such a material described as a solid probably should not (or could not) be cited for\nviolation since the DOT definition for liquid phase probably would need to conclude with the\nphrase \"unless it is offered for transportation in the liquid state and so remains during its\ntransportation* or some such wording.\nWhile not precisely the same issue, in a recent letter your staff wrote to DuPont (copy\nenclosed) about such a matter. In response to the question -\n\"Can DOT provide guidance on classifying materials as a liquid or\nsolid when the materials are known to exhibit multiple melting\npoints over a range that includes the 20°C threshold value?\"\nDOT's reply stated unambiguously that -\n\"The physical form of a material when packaged and loaded for\ntransportation determines whether it is a solid or a liquid.\"\ntechnicality. In fact, it did not even reference this fact which undoubtedly was known to the DOT\nFrom the perspective of the material's actual state, the answer did not rely on a definitional\nauthor. The material in our question is not only loaded in the liquid state in a cargo tank, it is\ntransported to destination in its liquid form.\nyou, been brought to our attention. The enclosed letter was forwarded to our client and contains\nMy letter would have gone unwritten had not another letter, apparently recently sent to\nthe substance of an inquiry that apparently has been only recently sent to you. The difficulty with\nthe enclosed letter is that it limits itself to a discussion of the meaning of the words in the\n\n<<<PAGE 19>>>\n\nHINT ASSOCIATES, L.L.C.\nEdward Mazzullo\nOffice of Hazardous Materials Standards\nResearch & Special Programs Admn.\nThursday, September 18, 1997\nregulation and not the circumstances of the person attempting to apply these words. A critical\nmissing element in the enclosed letter, in my opinion, is the fact that the question is being posed,\nliquid state. We believe our letter clarifies an important issue if the question has been\nand the question will be related, to a material that in fact is being transported to destination in its\nincompletely presented as the enclosure would indicate.\nWithout presuming to suggest your response to any other letter you may have received,\nshould be not only be handled as a liquid, it should be so described as well. We believe that to\nwe simply wish to confirm by our letter that if indeed a material is transported in the liquid state, it\nread the rules such that they would require a material transported in the liquid state to be\ndescribed as a solid would result in a grossly misleading element of your \"hazard communication\"\nrules.\nWe appreciate your attention to this matter.\nSincerely,\npusse\nGordon Rousseau\ncc: D. Billings, DOT\nEnclosures\n\n<<<PAGE 20>>>\n\nTo follow up on our conversation of last week, I wanted to share with you the\nbasis of our submission to the US Department of Transportation (DOT).\nThe definition of a liquid in 49 CFR, the DOT regulatory code, states, \"Liquid\nbe determined must be subjected to the procedures specified in ASTM D 4359\n\"Standard Test Method for Determining Whether a Material is Liquid or Solid'.\"\n(125°F) to 56.5°C (134°F) for 2.4 Di-tertiary-butyiphenol and 36°C (96.8°F) to\nThe melting point of Di-tertiary-butylphenol has been determined to be 51.7°C\n37°C (98.6°F) for 2,6 Di-tertiary-butylphenol. Therefore, the materal does not\nmeet the regulatory definition of a liquid and must then be classitied as a solid.\nThe material is heated and offered for transportation at a temperature of 43.3°C\n(10°F) to 60°C (140°F) to facilitate greater efficiency in loading and unloading\noperations with a loss in transit up to 4°F per day, but does not meet the\nregulatory delinition of an elevated temperature material since it is not heated to\na temperature of 100°C or more in the liquid phase or 240°C in the solid phase.\nWe anticipate the DOT interpretation to reflect the above reasoning. Our\nagreed with us. A final review and decision is pending, but should be completed\nconsultant has advised us that he submitted the above, and they have initially\nwithin the next two weeks. Once received, I'll send you a copy.\nBest regards.\n\n<<<PAGE 21>>>\n\ntitu\n•\nJodi\nU.S Department\n400 Seventh Street S.W.\nof Transportation\nWashington, D.C. 20590\nMAY 30 1997\nMr. Thomas C. Reese\n•\nE.I. du Pont de Nemours and Company, Inc.\n10th & Market Streets\nHazardous Materials Distribution\n• DuPont Sourcing/D-3062-3\nWilmington, DE 19898\nDear Mr. Reese:\nThis is in response to your letter regarding your material identified as BHMT amine blend\n(BAB). I apologize for the delay in responding and hope it has not caused any inconvenience.\nYour questions have been paraphrased and answered as follows:\nQ1.\nIs it acceptable to use one proper shipping description to describe all shipments of BAB\nregardless if some meet the definition for a liquid, and others meet the definition for a\n..:\nsolid?\n...:\nAl.\nThe answer is no. It is not acceptable because solids must be identified as solids and\nliquids must be identified as liquids according to the definitions provided in § 171.8 of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and § 172.101.\nQ2. Which proper shipping name is appropriate to apply to shipments of BAB?\nA2.\nAs provided in § 173.22, it is the shipper's responsibility to classify properiy a hazardous\nmaterial. This office does not perform that function. If a material is not specifically\nListed by name in the Hazardous Materials Table (§ 172.101), then selection of a proper\nshipping name must be made from the general description entries corresponding to the\nspecific hazard class, packing group, and subsidiary hazards of the material. However,\nbased on the information you provided, it is the opinion of this office that the material\nshould be described as Amines, liquid, corrosive, NOS (list 2 major components), 8, UN\n2735, PG II.\n•\n\n<<<PAGE 22>>>\n\nQ3.\nCan DOT provide guidance on classifying materials as a liquid or solid when the\nmaterials are known to exhibit multiple melting points over a range that includes the\n20°C threshold value?\nA3.\nThe physical form of a material when packaged and loaded for transportation\ndetermines whether it is either a solid or a liquid.\nI hope this information is helpful. If you need additional assistance, do not hesitate to contact us.\nSincerely,\nLane Savalle\nfor\nDelmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":33762}