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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.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.120, 173.22, 172.101(d)(4), 173.150(e)

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.120 Class 3-Definitions
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.22 Shipper's responsibility