Interpretation Response #15-0130 ([Green Environmental Consulting] [Ms. Peggy Haase])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Green Environmental Consulting
Individual Name: Ms. Peggy Haase
Location State: TX Country: US
View the Interpretation Document
Response text:
October 2, 2015
Ms. Peggy Haase
Green Environmental Consulting
2822 Grants River Circle
Sugar Land, TX 77479
Ref. No. 15-0130
Dear Mr. Haase:
This responds to your June 23, 2015 request for clarification pertaining to combustible liquid material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether "UN1223, Kerosene" with a flash point of 150 °F must be classified as a "Combustible liquid," or whether the more stringent flammable liquid class may be used.
Based on the information you provided, the material must be classified as a Combustible liquid. Flammable and combustible liquids must be classed and described according to defining criteria in § 173.120 and the shipper's knowledge of the material (See § 173.22). Therefore, if the material meets the definition of a combustible liquid in § 173.120, it must be classed and described as such. If the flash point of your material is greater than 140 °F but less than 200 °F, and the material does not meet the definition of any other hazard class, it must be classed as a combustible liquid for domestic transportation. Furthermore, § 172.101(d)(4) requires that each reference to a Class 3 material is modified to read "Combustible liquid" when that material is reclassified in accordance with § 173.150(e) or (f) or has a flash point above 60 °C (140 °F) but below 93 °C (200 °F).
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.120, 173.22, 172.101(d)(4), 173.150(e)