Hazmat,
I have a chemical that is not listed in the PHMSA’s 49 CFR, 172.101 Hazardous Materials Table, by chemical name, however it has a Flashpoint of 190 degrees (Link) and is listed in Appendix A, list of Hazardous Substances, with a 5000 pound, in one container, “RQ” value (Link )
The first person I asked said; “Listen, I ship cargo tanks full of it, ship it as;
“RQ”, NA1993, Combustible Liquid N.O.S., Combustible Liquid, III
(Isophorone)
The second person said; “I was told by a DOT inspector, that my IBC’s, are not Hazardous Substances so the “RQ” notation is not allowed, describe as;
NA1993, Combustible Liquid N.O.S., III
(Isophorone)
And the last person I asked said, “We ship trucks, full of the stuff, in drums both domestically and internationally as;
“Non-Regulated, as a Non-Hazardous Material.”
Who should I trust ? “Why, all of them, …….of course.”
COMBUSTIBLE LIQUIDS OUTRANK DOMESTIC CLASS 9’s, LIKE DOT “RQ” REPORTABLE QUANTITIES, WHEN SHIPPED DOMESTICALLY, BUT NOT INTERNATIONAL CLASS 9’s, LIKE IMDG “MARINE POLLUTANTS”, WHEN SHIPPED INTERNATIONALLY, AS COMBUSTIBLE LIQUIDS DON'T EXIST INTERNATIONALLY, PER 173.2a (link), AND THE PHMSA LOI; https://www.phmsa.dot.gov/regulations/title49/interp/10-0249
It seems your chemical could be a Hazardous Substance, Combustible Liquid, both or….. neither. Isophorone, is listed with a 5000 lb “RQ” value in Appendix A, to the 49 CFR 172.101 Hazardous Materials Table in PHMSA’s Hazardous Material Regulations, with a flashpoint well over 140 degrees but below 200 degrees, 173.120(b)(1), at about 190 degrees Fahrenheit (Link) and it meets no other DOT hazard class as per, it’s Safety Data Sheets, So:.
1) In Bulk containers over 5000 lbs as in a “Cargo Tank”, at 45,000 lbs.
US Domestically only;
“RQ”, NA1993, Combustible Liquid N.O.S., Combustible Liquid, PG III, (Isophorone)
Internationally to or from the US;
(US portion of shipment,171.22 (Link))
“RQ”, NA1993, Combustible Liquid N.O.S., Combustible Liquid, PG III, (Isophorone)
When a material is both a Combustible Liquid and, a domestic Class 9 EPA Hazardous Waste, an DOT Appendix ”B” Marine Pollutant, or as in this case, a an Appendix “A” Hazardous Substance, it’s Class 9 is beaten and banished, because Combustible Liquid rule the day, as foretold in 49 CFR 173.2a Classification of a material having more than one hazard class (link), therefore as “RQ”, NA1993, Combustible liquid N.O.S., Combustible Liquid, PG III, with the name of the “RQ” and combustible chemical, “Isophorone”, accompanied by the letters “RQ”, the shipper would cover 172.203(k) for the domestic portion for the hazardous substance under 171.23(b)(5)(Link) and the 172.203(c)(Link), requirements.
Internationally only and “not to or from” the US;
Non-Regulated, Internationally
Non- regulated, as no “RQ” internationally and only the US regulates liquids that flash over 140 degrees, not IMDG or ICAO.
2) In Bulk containers over 199 gl / 882 lbs, but less than 5,000 lbs as in “IBC”, at 2,420 lbs each.
Domestic or Internationally to or from the US;
(US portion of shipment,171.22 (Link))
NA1993, Combustible Liquid N.O.S., PG III, (Isophorone)
The reason, there is not an “RQ” amount in each IBC of “ISOPHORONE”. Which would leave only the requirements in 173.150(f)(3) (link) for combustible liquids in bulk containers. Then the name of the chemical, “Isophorone” is added as directed by the “G” in column 1 of 172.101 and the “UN” number, has been replaced with an “NA” because of the “D” in column 1 of table. Note; Class name not required per 172.202(a)(3)(iii) (Link).
International only not to or from US
Non-Regulated, Bulk Internationally,
IBC containers not regulated as not “RQ” and no international combustible liquid regulations, if it flashes over 140 degrees regardless of container size.
3) In Non-bulk “Drums” less than 119 gallons each.
Non-Regulated, Non-bulk Domestic and Internationally,
It is non regulated domestically as non-bulk containers under 119 gls / 882 lbs would not be an “RQ” (not 5000 lbs in each container), and would become unregulated, per 49 CFR 173.150(f)(2), (link), as a combustible liquid, in non-bulk containers, that flash over 140 degrees. Then, it is not regulated internationally, because DGR / IMDG / ICAO do not regulate materials that flash between 140 and 200 degrees.
DOT PHMSA; Letter of Interpretation https://www.phmsa.dot.gov/regulations/title49/interp/08-0066
I think they were all correct, based on each individual's departure points, destinations and types of containers. Let me know if this looks right, or if I missed something. Who says that everyone can’t be right, not me.
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