Interpretation Response #09-0239 ([Hexion Specialty Chemicals] [Mr. Rich Daley Logistics])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hexion Specialty Chemicals
Individual Name: Mr. Rich Daley Logistics
Location State: OH Country: US
View the Interpretation Document
Response text:
January 20, 2010
Mr. Rich Daley
Logistics Compliance Manager
Hexion Specialty Chemicals
180 East Broad Street
Columbus, OH 43215
Ref. No.: 09-0239
Dear Mr. Daley:
This responds to your letter regarding clarification of the phrase "or transported at or above its flash point" as it applies to elevated temperature material (ETM), defined in §171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a material described as "UN 1993, Flammable liquid, n.o.s., 3, PG III" with a flashpoint of 45°C (113°F), loaded and shipped in a tank car at a temperature of 60°C (140°F) meets the definition of an elevated temperature material, even if it is not intentionally heated.
The answer is no. A material is an elevated temperature material when offered for transportation or transported in a bulk packaging and is in a liquid phase at a temperature at or above 100°C (212°F), is in a liquid phase with a flash point at or above 38°C (100°F) that is intentionally heated, or is in a solid phase and at a temperature at or above 240°C (464°F). Therefore, the material described in your letter does not meet the definition for an elevated temperature material.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.8 172.101