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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.



Delmer F. Billings

Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.120 Class 3-Definitions