How to Apply the Definition of Elevated Temperature Materials [49 CFR 172.325]
If you offer an elevated temperature material for transportation, you must comply with 49 CFR 172.325, which requires a HOT marking.
According to 49 CFR 171.8, an elevated temperature material is a material which, when offered for transportation or transported in a bulk packaging:
- Is in a liquid phase and at a temperature at or above 100 °C (212 °F);
- 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
- Is in a solid phase and at a temperature at or above 240 °C (464 °F).
This wording of this definition has created some confusion regarding whether DOT intended to regulate all hazardous materials that are intentionally heated, or only those that are intentionally heated and transported at or above their flash points.
In discussions with the Environmental Resource Center, DOT has clarified that in the statement at 49 CFR 171.8 "is in a liquid phase with a flashpoint at or above 100 °F that is intentionally heated and offered for transportation or transported at or above its flash point" the "or" refers only to "transportation or transported." It does not refer to the intentional heating or transported above its flashpoint. A material must be both intentionally heated and transported above its flashpoint to be considered an elevated temperature material.
Therefore, if your material is both intentionally heated and transported above its flashpoint, it is regulated as an elevated temperature material and would require the HOT marking pursuant to 49 CFR 172.325.
To ensure that your hazardous materials are properly classified and shipped, attend Environmental Resource Center's Hazardous Materials Training - The Complete Course or webcast.