{"operation":"document","citation":"99-0016","title":"Brent Industries Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-07-08","effective_on":null,"summary":"99-0016 response to Brent Industries Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990016.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nJUL 8 1999\nMr. Michael Culliton\nRef.\nNO.\n99-0016\nV.P. Human Resources\nBrent Industries Inc.\nР.О. Box P\nBrent, AL 35034\nDear Mr. Culliton:\nThis is in response to your letter dated January 20, 1999,\nregarding the classification of print towels that are soiled with\nflammable liquids.\nUnder 49 CER 173.22, it is the shipper's responsibility to\nproperly classify a hazardous material.\nThis Office does not\nperform that function.\nIf the soiled print towels do not meet\nany of the hazard class definitions provided in Part 173, they\nare not regulated under the HMR.\nIf free flowing liquid can be\ndefinition of a flammable liquid in 49 CFR 173.120. If there. is\nseen surrounding the print towels, these materials may meet the\nno free liquid surrounding the print towels, they may meet the\ndefinition of a flammable solid in 49 CFR 173.124.\nThe entry \"Solids containing flammable liquids, n.o.s.\" in the\nHazardous Materials Table, 49 CFR 172.101 lists Special Provision\n47 in Column 7. Under special provision \"47\", mixtures of solids\ncontaining flammable liquids, n.o.s., 4.1 UN3175, II, without\nfirst applying the classification criteria of Division 4.1\n(flammable solid), provided there is no free liquid visible at\nthe time the material is loaded or at the time the packaging or\ntransport unit is closed.\nConversely, a person may determine that a mixture of a solid\ntest protocol that may be used to evaluate an article like a\nclassifying the material may make that determination by comparing\nit to an analogous material or article. A representative article\nthat print towels may be compared to is \"Firelighters, solid with\nflammable liquid, 4.1, UN2623, III.\"\nIf the print towels offered\nfor transportation demonstrate a burning rate that is comparable\n173.22\n990016\n\n<<<PAGE 2>>>\n\nto or greater than that of a firelighter, it is the opinion of\nthis Office that they meet\nthe definition of a flammable solid.\nbeing ignited they are not subject to requirements of the HMR as\na flammable solid.\nWe would appreciate receiving any information you have relative\nto the incidents mentioned in your letter involving\nuncontainerized print towels.\nAlso, we have enclosed a brochure\non the Hazardous Materials Registration Program. If upon review\nof this brochure you are still uncertain as to the applicability\nof the registration requirements in 49 CFR 107.601 to your\ncompany you may call us at 1-800-467-4922.\nI hope this satisfies your inquiry.\nSincerely,\nThe\nActing Director, Office of Hazardous\nThomas G. Allan\nMaterials Standards\nEnclosure\n\n<<<PAGE 3>>>\n\ncac\nbrentindustries.\n$173.22\n48-0016\nP.O. Box P\nRoute 2, Box 6\n205-926-4801\nBrent, AL 35034\n800-741-4568\nFAX 205-926-GLOVE\nhttp://www.brentind.com\ne-mail: brentind @ dbtech.net\nJanuary 20, 1999\nMr. Edward T. Mazzullo\n, Director OHMS/USDOT\n400 7t Street S.W.\nWashington, D.C. 20590\nDear Mr. Mazzullo,\nLast month I met with Mr. John Gale to discuss regulatory issues pertinent to the\ntrucking department of Brent Industries, Inc.. Mr. Gale suggested that I\ncorrespond with you so that interpretations of relevant regulations could be\naddressed and possibly clarified. I have enclosed some information for your\nreference that will explain about our Corporation, our processes, and provide the\nbackground necessary to understand why the questions posed in this\ncorrespondence are important for us.\nThe issues relevant to our trucking department revolve around the\ncharacterization of solvent laden textiles used in the printing industry, commonly\nreferred to as soiled print towels. Approximately 31% of our business is the\nprocessing of soiled print towels, 5% we own and rent to our customers and 26%\nbelong to other textile rental companies that service their customers with print\ntowels which they own and we clean. In turn, this 31% of our business is\ntransported to and from our facilities in our vehicles. We are the transporter. Our\ncustomer is the shipper: It is the responsibility of the shipper to properly\ncharacterize, label, and mark the shipment.\nBrent Industries, Inc. believes that soiled print towels are \"Solids containing\nflammable liquid, n.o.s., 4.1, UN 3175, PGli\", and we refuse to transport soiled\nprint towels that are not sealed in DOT spec. Il containers. Since we have\nimplemented this designation on our customers, the shipper, we have lost\nbusiness and some we cannot gain, because of our interpretation. We have\nnothing to refer to that would support our determination in the regulations,\nalthough common sense and experience would seem to mandate some\nunderstanding of our position.\nWe've Got Hands On Experience!\n\n<<<PAGE 4>>>\n\nWe believe that solvent laden wipers, and particularly soiled print towels, are\n\"Solids containing flammable liquid, n.o.s., 4.1, UN 3175, PGIl\" for a number of\nreasons. The characteristic of ignitability is present; the autoignition of\nuncontainerized soiled print towels was the cause that resulted in the destruction\nby fire of three industrial laundries in 1998. Also in the recent past, vehicles have\nburned on highways for the same reason.\nBy referencing the \"Environmental Assessment Of Shop Towel Usage In The\nAutomotive And Printing Industries\" (See Enclosure A) the major constituents in\nprint towels after use can be determined. Specifically Acetone, Alcohols n.o.s.,\nAmines, Benzene, Ethanol, Ethyl Methyl Ketone, Ethylbenzene, Heptane,\nHexane, Isocyanates, Isopropanol, Ketones Liquid n.o.s., Methanol, Methyl\nIsobuty! Ketone, Petroleum Distillates n.o.s., Terpene Hydrocarbons n.o.s.,\nToluene, and Xylenes are listed in the Hazardous Material Table 172.101 as\nFlammable Liquids. There are 44 identified major constituents, but by removing\nthe 5 heavy metals, there are 39 major liquid constituents. Of the 39 major liquid\nconstituents, 20 or 51.2% are listed as Flammable Liquids. Amongst the Press\nCleaners, 12 of 18 or 66% are listed as Flammable Liquids. Under the\nInk/Vamish category 8 of 21 or 38% are listed as Flammable Liquids: Our\nconcern is that due to the mixing of towels after use, and the unavoidable mixing\nof constituents during storage, a mixture, ratio, or blend of flammable liquids is\ncreated. This unknown has undetermined properties and flashpoint which can,\nunder unknown circumstances, act or react in an unpredictable manner.\nBrent Industries, Inc. believes that a towel is classified as a solid because \"Solid\nmeans a material which is not a gas or liquid\". Brent Industries, Inc. knows that\nsoiled print towels contain some mixture, ratio, or blend of Hazardous Materials,\nlisted on the Hazardous Material Table 172.101 as Flammable Liquids. Brent\nIndustries, Inc. believes that since the mixture, ratio, or blend of flammable\nliquids is indeterminate, n.o.s. does apply.\nBrent Industries, Inc. would like to know:\nAre solvent laden wipers, particularly soiled print towels, \"Solids containing\nflammable liquid, n.o.s., 4.1, UN 3175, PGII\"?\nIf solvent laden wipers, particularly soiled print towels, are not \"Solids containing /\nflammable liquid, n.o.s., 4.1, UN 3175, PGlI\", why not?\n* If solvent laden wipers, particularly soiled print towels, are not \"Solids containing /\nflammable liquid, n.o.s., 4.1; UN 3175, PGI\", what are they?\nWill there be a determination in the future in regards to textiles other than solvent\nladen wipers or soiled print towels (i.e. sorbents, booms, pads, etc.) that contain\nconstituents listed in 172.101 as Flammable Liquids?\n\n<<<PAGE 5>>>\n\nIf a rate of burn test and a determination on the absence of free liquids is a factor\nin a DOT interpretation, would you accept our assistance in a cooperative effort?\nDo we need to register as a Haz-Mat Transporter pursuant to 49CFR Subpart G\n107.601?\nBrent Industries, Inc., in conjunction with our insurance carrier Liberty Mutual\nInsurance Group, is currently conducting testing at our Brent, Alabama facility to\ndetermine VOC content in the soiled print towels we receive. As the results are\ncompiled, we would like to extend the courtesy of providing you with this\ninformation and any other factual documentation we may have.\nIf you have any further questions or concerns, please contact me at your\nconvenience.\nSincerely,\nTitle Caller\nMichael S. Culliton\nV.P. Human Resources\nCC: Corporate Officers\nJames O'Leary EPA/OSW\nRobert Maxey EPA/OSW\nKevin Housman Liberty Mutual Insurance Group","truncated":false,"body_characters":8457}