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Interpretation Response #06-0065 ([Neupauer Industries Inc.] [Mr. Harold Zimmerman])

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

Interpretation Response Details

Response Publish Date:

Company Name: Neupauer Industries Inc.

Individual Name: Mr. Harold Zimmerman

Location State: PA Country: US

View the Interpretation Document

Response text:

Apr 7, 2006

Mr. Harold Zimmerman                 Reference No. 06-0065
Neupauer Industries Inc.
196A Wabash Road
Ephrata, PA 17522

Dear Mr. Zimmerman:

This is in response to your March 8, 2006 letter and telephone conversation with a
member of my staff requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your scenario, you have a
portable asphalt machine that uses a burner to heat asphalt to 300 °F to 350 °F, which is below the asphalt’s flash point. The tank containing the molten asphalt has a capacity of 100 gallons, and the fuel oil for the burner is a combustible liquid that is carried in a
separate 25 gallon tank. You ask if the requirements of the HMR would apply to the transport of this machine along with the fuel oil.

Based on the information provided, the answer is no. An “elevated temperature material,” as defined in § 171.8, is a material in a bulk packaging which (1) is in a liquid phase and
at a temperature at or above 100 °C (212 °F); (2) is in a liquid phase with a flash point at or above 37.8 °C (100 °F) that is intentionally heated and offered for transportation or
transported at or above its flash point; or (3) is in a solid phase and at a temperature at or above 240 °C (464 °F). Since your heated material is in a non-bulk container, it is not
considered an elevated temperature material and, therefore, is not subject to the HMR if it does not meet the definition for any other hazard class or division. In addition, the fuel oil is a combustible liquid in a non-bulk packaging and, therefore, is not subject to the HMR (see § 173.150(f)).

I hope this information is helpful.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table