HAZSource, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 special Programs Research and Administration NOV - 8 2002 Mr. Mike Williams HAZSource, Inc. Ref. No. 02-0194 6307 East 96th Street Tulsa, OK 74137 Dear Mr. Williams: This is, in response to your July 19, 2002 letter and subsequent telephone clarification under the Hazardous Materials Regulations. (HMR; 49 CFR conversation with Sandra webb,..of my staff requesting for your material Parts 171-180). Specifically, you ask if the proper shipping should be "Dangerous Goods in Apparatus" or name "Combustible liquid, n.o.s.." You state that the flammable liquid and has a flash point of 110 degrees Fahrenheit. material contained within the apparatus is In the apparatus is being telephone conversation with Ms: • transported' in a non-bulk packaging via ground Webb, you stated the and contains only the residue of the material and it does not meet the definition of any other hazard class. of 38°C (100° F) or higher that does not meet the definition of any As provided in $ 173.150(f), a flammable liquid with a flash point other hazard class may be reclassed as a combustible liquid. This except provision does not apply to transportation by vessel or aircraft, where other means of transportation is impracticable. Therefore, a combustible liquid transported in a non-bulk packaging that is pollutant is not subject to the HMR. not a hazardous substance, a hazardous waste, or a marine I apologize for any misunderstanding and any inconvenience this may have cause you. Please contact this office if you need assistance. additional Sincerely, Chief, Standards Development Delmer Billings Office of Hazardous Materials Standards 173.150 020194#

Page 2FROM : HAZsourse FAX NO. : 9184917530 Jul. 22 2002 12:01PM P2 source hazmat complianae solutions July 19,2002 Webb 6307 Eost 96th Street Hazsource, Inc. Tulsa, OK 74137 $173.222 Toll Free: 866-491-7530 Local: 918-491-7530 U.S. Department of Transportation To: Edward Mazzullo Fax: 918-524-4294 Proper Shipping Name From: Mike Williams Hazsource Inc. 02-0194 Mr.: Mazzullo, Apparatus. I have been instructing my clients to ship these items as the mentioned above I have questions pertaining to the proper shipping of Dangerous Goods in attention that it is possible to reclassify this as a combustible liquid and ship it not proper shipping name regardless of the mode of shipping. It has been brought to my regulated via ground. (The flash point for the material contained in this apparatus is 110 degrees.) This made perfect since, but, I wanted a ruling from DOT before instructing a summary of the discussions: clients. I spoke to two different DOT people and received conflicting information, here's 1) Person number 1 said if the proper shipping name is Dangerous Goods in Apparatus, There are no exceptions and could not be reclassified as a combustible would be a violation and exposing the client to costly fines. liquid. He also indicated that if this was found, that someone did reclassify, it 2) Person number 2 said, since the Dangerous Goods in Apparatus contains a flammable liquid with a flash point of 110 degrees, we no longer call it highway and now it is not regulated. Dangerous Goods in Apparatus, reclassify it as a combustible liquid, ship it via You can see my concern with this situation. I want to convey the most accurate information to my client and need to receive a letter that addresses this situation. Thank you for your immediate attention to this matter. Sincerely, •Mike Williams HAZsource, Ino. 918-491-7530#