Defined at 49 CFR 171.8, “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 100 °C (212 °F);
2. Is in a liquid phase with a flash point at or above 38 °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).”

Note that in addition to meeting one of the three conditions listed it also must be “offered for transportation or transported in a bulk packaging…” in order to be defined as an Elevated Temperature Material.  That means, the same material transported in a non-bulk packaging can not be an Elevated Temperature Material.

Understanding what is, and isn’t, an Elevated Temperature Material is important since it is specifically included in the definition of a Hazardous Material, also at 49 CFR 171.8, “Hazardous material means 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, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, Elevated Temperature Materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter.”

An Elevated Temperature Material may be a hazardous material solely because it matches the definition in §171.8 or it may possess additional hazards (flammable, corrosive, reactive, etc.).  Either way, you must choose a proper shipping name from the Hazardous Materials Table and follow the requirements of the Hazardous Material Regulations.

On the shipping paper, the word “HOT” must immediately proceed the proper shipping name unless “elevated temperature” or “molten” is already included in the proper shipping name [49 CFR 172.203(n)].  However, you may include the word “HOT” on the shipping paper, even if not required, as additional information.

While there is no “HOT” label or placard, you must ensure that the bulk packaging containing your Elevated Temperature Material is labeled and placarded pursuant to 49 CFR 172, Subpart F applicable to its hazard class (Flammable, Class 9, or other).  The labeling and placarding requirements for bulk packagings can be complicated, but in general:

• A bulk packaging of ≥1,000 gallons capacity must be placarded and marked with the identification number on all four sides.
• A bulk packaging of <1,000 gallons capacity may be placarded or labeled on two opposing sides and may be marked with the identification number on two opposing sides.

There are, however, marking requirements specific to Elevated Temperature Materials found at 49 CFR 172.325, they include:

• A bulk packaging containing an Elevated Temperature Material must display the “HOT” marking on two opposing sides.  This marking, while not a placard, must meet the specific requirements of §172.325(a) and have the “same outside dimensions as a placard”.
• A bulk packaging of an Elevated Temperature Material that is molten aluminum or molten sulfur must be marked “MOLTEN ALUMINIUM” or “MOLTEN SULFUR” in the same manner as described in §172.325(a).
• If the identification number marking is displayed on a white-square-on-point display configuration [§172.336(b)], the word “HOT” may be displayed in the upper corner of the display.  If you use this option, you must comply with the requirements of §172.325(c).

You should also check 49 CFR 173.427 which contains additional requirements for bulk packagings of certain Elevated Temperature Materials.

If you offer for shipment an Elevated Temperature Material, then you are a shipper of hazardous materials.  Any of your employees involved in the transportation of hazardous materials must receive triennial HazMat Employee Training.  Contact me to determine your training requirements and how best to meet them.

Flash Point is a term used by the US EPA when characterizing an Ignitable Hazardous Waste and the US DOT when classifying a Flammable or Combustible Liquid.  Though similar, there are differences in how these two Federal agencies define and describe this term.  If you work with solvent, inks, paints, resins, fuels, or many other organic hydrocarbons it is necessary for you to be familiar with how both the US DOT and the US EPA identify this term and its role in identifying a hazardous material or a hazardous waste.  The purpose of this article is to describe the use of the Flash Point for classifying a Flammable or Combustible Liquid per the regulations of the US DOT.  You may also be interested in the US EPA’s use of Flash Point for the Determination of a Characteristic Ignitable Liquid Hazardous Waste.

The US DOT defines Flash Point at 49 CFR 173.120(c)(1):  “Flash Point means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid.”  It goes on to describe the methods to determine Flash Point based on the characteristics of the sample:

1.  For a homogeneous, single-phase, liquid having a viscosity <45 S.U.S. at 38°C (100°F) that does not form a surface film while under test, one of the following test procedures shall be used:

• Standard Method of Test for Flash Point by Tag Closed Cup Tester, (ASTM D 56) (IBR; see §171.7 of this subchapter).
• Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus, (ASTM D 3278) (IBR; see §171.7 of this subchapter).
• Standard Test Methods for Flash Point by Small Scale Closed Tester, (ASTM D 3828) (IBR; see §171.7 of this subchapter).

2.  For a liquid other than one meeting all the criteria of #1 above, one of the following test procedures must be used:

• Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, (ASTM D 93) (IBR; see §171.7 of this subchapter).  For cutback asphalt, use Method B of ASTM D 93 or alternative tests authorized in this standard.
• Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Appartus (ASTM D 3279) (IBR; see §171.7 of this subchapter).
• Determination of Flash/No Flash – Closed Cup Equilibrium Method (ISO 1516) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Closed Cup Equilibrium Method (ISO 1523) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Pensky-Martens Closed Cup Method (ISO 2719) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Rapid Equilibrium Closed Cup Method (ISO 3679) (IBR; see §171.7 of this subchapter).
• Determination of Flash/No Flash – Rapid Equilibrium Closed Cup Method (ISO 3680) (IBR; see §171.7 of this subchapter).
• Determination of Flash Point – Abel Closed-Cup Method (ISO 13736) (IBR; see §171.7 of this subchapter).

3.  If the liquid is a mixture of compounds with different volatility and Flash Points (eg. mixed solvents and paint), its Flash Point must be determined by one of the methods in #’s 1 & 2 above on the material in the form in which it is to be shipped.  Note that the form it is to be shipped in may differ from the form in which is was received as product or its form at its point of generation as a hazardous waste.  If by this test the Flash Point is greater than -7°C (20°F), then a second test shall be made by the procedure described in §173.120(c)(2) which is too complicated for me to describe here.

4.  And one final thing:  for Flash Point determinations by Setaflash closed tester, the glass syringe specified need not be used as the method of measurement of the test sample if a minimum quantity of 2 mL (0.1 oz) is assured in the test cup.

These are just the regulations of the US DOT pertaining to the determination of one class of hazardous material:  Flammable and Combustible Liquids.  There are many more, and you must be familiar with all of them if you ship or receive hazardous materials in any quantity, including hazardous waste.  My one day of training addresses the regulations of both the US DOT and the US EPA, it will help you to properly classify your hazardous materials and identify your hazardous waste.  Contact me to schedule the right kind of training for you.