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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:

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

Section Subject
172.101 Purpose and use of hazardous materials table