Interpretation Response #06-0248
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Jan 4, 2007
Mr. Allan B. Currie, Jr. Reference No. 06-0248
Currie Industrial Services, LLC
12019 Pink Street
Brooklyn, MI 49230
Dear Mr. Currie:
This is in response to your October 13, 2006 letter regarding the hazard classification of “Biodiesel” (e.g., “Soybean Methyl Ester”), and “Crude Glycerin,” commonly referred to as “Glycerol,” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You also ask whether the registration requirements of the HMR are applicable to any person who offers for transportation or transports these products in commerce.
According to your letter, Biodiesel is produced through a chemical process (transesterification) where a feedstock, such as soybean oil, is reacted with an alcohol, such as methanol, in the presence of a catalyst. The alcohol is recovered for reuse, leaving behind two products: (1) fatty acid methyl esters of soybean oil consisting of the following single component methyl esters: C16:0(10%), Cl8:0(5%), Cl8:1(23%) Cl8:2(54%), C18:3(8%); and (2) Crude Glycerin. You state that the flash points for Biodiesel and Crude Glycerin are 321°F - 425 °F and 320 °F, respectively. You further state your review of several Material Safety Data Sheets (MSDS) for each material indicates that neither product contains a hazardous material as defined by the Occupational Safety and. Health Administration (OSHA). You enclosed an MSDS for each material.
As required under § 173.22, a shipper is required to properly class and describe the hazardous material in accordance with Parts 172 and 173 of the HMR, and to determine that the packaging or container is an authorized packaging in accordance with Part 173. This Office does not perform this function. However, based on the information provided in your letter, your material does not appear to be subject to the HMR, including the registration requirements specified under § 107.601
For clarification, a “hazardous material” is defined in § 171.8 of the HMR, and s a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, has been designated as hazardous under § 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103).
I hope this information is helpful.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 173.22||Shipper's responsibility|