Interpretation Response #04-0276 ([Karden Associates, Inc.] [Mr. Denis Sapiro])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12/28/2004

Company Name: Karden Associates, Inc.

Individual Name: Mr. Denis Sapiro

Location State: WA Country: US

View the Interpretation Document

Response text:

Dec 28, 2004

Mr. Denis Sapiro                 Reference No. 04-0276
Karden Associates, Inc.
3241 44 Ave. SW
Seattle, WA 98116-3324

Dear Mr. Sapiro:

This is in response to your December 2, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if asphalt is subject to the HMR iii the following scenario:

Hot asphalt is loaded into a bulk container at a shipper’s facility. The asphalt is allowed to cool to a temperature below 37.8 °C. Finally, the material is offered into transportation at a temperature below the flash point of the asphalt and 100 °C. In addition, the asphalt does not meet the definition of any hazard class listed in § 173.2.

Asphalt must be classed as a flammable liquid (Class 3; see § 173.120) if:

(1)        The flash point of the material is not more than 60.5 °C (141 °F), or

(2)        The material is in a liquid phase with a flash point at or above 37.8 °C (100 °F) and is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging.

Asphalt meets the definition of an “elevated temperature material” (see § 171.8) if it is offered into transportation or transported in a bulk packaging and any of the following conditions are met:

(1)        The material is in a liquid phase and transported at a temperature at or above
100 °C;

(2)        The material is in a liquid phase with a flash point at or above 37.8 °C and is intentionally heated and offered for transportation or transported at or above its flash point; or

(3)        The material is in a solid phase and transported at a temperature at or above
240 °C.

According to the scenario you described, the asphalt offered into transportation does not meet the definition of a Class 3 (flammable liquid) or an “elevated temperature material” when it is offered into transportation. In addition, it does not meet the definition of any other hazard class listed in § 173.2. Therefore, the asphalt does not meet the definition of a hazardous material in § 171.8 and is not subject to the HMR.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief Standards Development
Office of Hazardous Materials Standards

172.101

Regulation Sections