Interpretation Response #98-0396 ([Currie Associates, Inc.] [Mr. John V. Currie])

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

Interpretation Response Details

Response Publish Date: 01/30/1998

Company Name: Currie Associates, Inc.

Individual Name: Mr. John V. Currie

Location State: NY Country: US

View the Interpretation Document

Response text:

JAN 30, 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 5I.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 1 DO°C (212°F); (2) is in a liquid phase with a flashpoint at or above 37.8°C (lOO°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°P).

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 defmition for an elevated temperature material and, for a formulation which meets the defmition for Class 8, would correctly be described as "Alkylphenols, solid, R.O.S."?

A1. Yes.

Q2. 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 (llvIDG) Code.

Q4. Alkylphenols are a listed marine pollutant. For purposes of international
transportation by vessel, if a particular alkylphenols formulatton does not meet the definition for Class 8, or any other hazard class, should it be described as "Environmentally hazardous substances, solid, n.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 alkylpheriols 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 enviromnentally hazardous substances.

In the situation which you describe, a material which meets the definition for a solid is offered for transportation and transported in liquid form. Use of packagings appropriate for a material in liquid form is addressed in § 172.101(i)(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 request an approval, under the provisions of § 172.1 0 1 (1)(2), to describe the material in domestic transportation using a shipping description which includes the word "liquid", such as "Alkylphenols, liquid, n.o.s."

I hope this information is helpful and I apologize for the delay in responding. Ifwe can be of further assistance, please contact us.

Sincerely,

Director, Office of Hazardous
Materials Standards

172.101(a)

Regulation Sections