Interpretation Response #99-0251 ([Thompson, Hine & Flory L.L.P.] [Norman J. Philion, Esq.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Thompson, Hine & Flory L.L.P.
Individual Name: Norman J. Philion, Esq.
Location State: DC Country: US
View the Interpretation Document
Response text:
MAR 21, 2000
Norman J. Philion, Esq. Ref No. 99-0251
Thompson, Hine & Flory L.L.P.
1920 N. Street, NW
Washington, DC 20036-1601
Dear Mr. Philion:
This is in response to your August 31, 1999 letter regarding the use of recycled materials in packaging. Specifically, you address California's recent law requiring 25 percent post-consumer recycled resin in eight-ounce to five-gallon plastic containers from and the potential problems faced by your client concerning the integrity of such packagings when shipping two-cycle lubricant.
Based on the information contained in your letter that the flash point of the two-cycle lubricant is 170°-200°F, it is properly classed as a Combustible Liquid, not as a Class 3 (Flammable) liquid. A combustible liquid that is not a hazardous substance, hazardous waste, or marine pollutant is not subject to the Hazardous Materials Regulations (49 CFR Parts 171-180) if packaged in non-bulk containers for highway transport. Accordingly, we recommend that documentation supporting your belief that packagings containing 25 percent post-consumer waste are insufficient to provide secure containment should be forwarded to the appropriate agency in the State of California.
I hope this satisfies your request.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.120
Regulation Sections
Section | Subject |
---|---|
173.120 | Class 3-Definitions |