Tempu Marketing, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 00 Seventh St., S.V Special Programs Research and Vashington, D.C. 2059 Administration JUL 7 2003 Ms. Toi Phillips Production Manager Ref. No. 03-0052 Tempu Marketing, Inc. 26 West 17'h Street New York City, NY 10011 This is in response to your letter dated February 18, 2003, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the transportation of combustible liquids. Specifically, you ask whether your material, which has a flash point of 45 °C (113° F) and packaged in inner receptacles between 0.0704 and 16 fluid ounces meets the combustible liquid exception criteria in §173.150(f) for non-bulk packaging. A flammable liquid with a flash point of 38 °C (100 °F) or higher that does not meet the definition of any other hazard class may be reclassed as a combustible liquid as provided by §173.150(f). This exception is for domestic transportation and does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. A material that is reclassed as a combustible liquid and that is transported in a non-bulk packaging is not subject to the HMR unless it is a hazardous substance, a hazardous waste, or a marine pollutant. (A non-bulk packaging, as defined in § 171.8 of the HMR, is a packaging with a maximum capacity of 450L (119 gallons) or less.) You are correct that, provided the criteria in § 173.150(f) are met, you may ship your product with no special packagings, markings, or documentation. If your product is a combustible liquid that is also a hazardous substance, a hazardous waste, or a marine pollutant, it is subject the requirements outlined in § 173.150(f)(3)(i) through (vii). In either case, the exception provided in § 173.150(f) requires no special approval or written authorization. I hope this information is helpful. If we can be of further assistance, please do not hesitate to contact us. Sincerely, Shan Make Senior Regulations Specialist Office of Hazardous Materials Standards 173.150 (f) 030052#

Page 2webO 8113.150 (f)(1) 18 February 2003 TE Exceptions Helen Engrum 03-0052 MP U.S. Department of Transportation Research and Special Programs Administration 400 7" Street, S.W. Office of Hazardous Materials Satety TU Washington, DC 20590 Re: Exceptions for Class 3 Tammable) and combustible liquids Dear Ms Engrum Thank you for taking the time fo speak with me by telephone last Friday. Your information was helpful just wish to clarify a few points of our discussion. In reference to an Isopropano based Class 3 Flammable Liquid with a flash point of. 45° C (113°F). Part 173.150(1)(1) says that it shipped by truck or rail in nons bulk quantities (my notations showayou said 119 gallons orless) this materials may be reclassed as a combustible liquid. Following that, Rart 173:150(f) (2) says. that Subchapter C Hazardous Materials Regulations do not apply to a material classed as a combustible liquid in non-buik packaging; rail in an inner packaging of between 0704 luid ounce and 16 fluid ounces in: For our purposes, take this to mean that we may ship our material by truck or size with no special closures cartons, markings, paperwork or documentation. Furthermore, we do not need any special approval from the D.O.T. to ship the material in this way Is this correct? Lam also curious as to where your quantity of 119 gallons comes from, as i didi packaging that may be reclassed a non-buik combustible liquid? What is the not see it in the specific regulations referenced. What is the largest size inner largest overall package that may be reclassed a non-bulk combustible liquid? Where do I find this information in the regulations? Your Clarification of these points would be appreciated: Yours trul Toi Phillips Production Manager Temptu Marketing not 26 West, 17th Street NYC 10011 • tel, 212:675.4000 • tax. 212.675.4075 • web.www.temptu.com#