Anpersan, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAR 2 4 2014 Mr. Gary P. Sanders Anpersan, LLC 5209 San Jose Boulevard Jacksonville, FL 32207 Reference No. 13-0212 Dear Mr. Sanders: This is in response to your November 8, 2013 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to classification. Specifically, you ask how a material with a flashpoint between 100 °F and 141 °F that meets the definition of A Class 3 (flammable) liquid is regulated in transportation under the HMR if it also meets the definition of a marine pollutant, is re-classed as combustible liquid, and is shipped in non-bulk containers by motor vehicle or railcar. In the scenario you describe, a combustible liquid is not subject to regulation under the HMR. A Class 3 liquid material with a flashpoint at or above 38 oc (100 °F) and not more than 60 oc (140 °F) may be classed as a flammable liquid, or reclassed as a combustible liquid, provided it does not meet the definition of any another hazard class (see § 173.120(a) and (b)(2)). Also, provided it is not a hazardous substance, hazardous waste, or marine pollutant, a combustible liquid is excepted from regulation as a hazardous material when placed in a non-bulk package (see §§ 171.8 and 173.150(f)(2)). A marine pollutant is excepted from regulation under the HMRwhen placed in a non-bulk packaging and offered or intended for transportation by aircraft, motor vehicle, or railcar (see§ 171.4(c)). Therefore, a combustible liquid that is a marine pollutant and offered or transported in a non- bulk container by motor vehicle or railcar is not considered a marine pollutant under the HMR. I hope this satisfies your request. T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2-Drakeford, Carol From: Sent: To: Subject: INFOCNTR (PHMSA) Friday, November 08, 2013 3:11 PM Drakeford, Carolyn (PHMSA) FW: 173.150(f) £.dmonsDn §: r1 '3 . 1s o(f') Qovn bus le L/ ut'd..s v c.err"(H').S I 3-()~2)~ Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: Gary Sanders [mailto:gps.sanders@gmail.com] Sent: Friday, November 08, 2013 3:02 PM To: PHMSA HM InfoCenter Subject: 173.150(f) Office of Hazardous Material Standard November 8, 2013 Re: 173.150(f) To whom it may concern, I am requesting a written PHMSA interpretation regarding a specific set of circumstances under 173.150(f). The question pertains to materials that meet all four of the following criteria. 1. Flash Points between 1 00 F and 141 F 2. Marine Pollutants 3. Shipped in non-bulk containers 4. Shipped by motor vehicle or rail. I have found many interpretations that address some combination of the criteria but not when all four are present. The closest and most recent interpretation is; #04-0074: Thus, for transportation by highway or rail, a combustible liquid is not subject to the HMR when offered or transported in a non- bulk packaging, even if the combustible liquid also meets the definition for a marine pollutant. However, this interpretation does not address flammable liquids that may be reclassified as combustible. This combination of criteria is very common in many of the industries in which I have worked. The questions are: 1. Are these materials subject to the HMR? 1#

Page 32. If they are, what are the requirements for shipment. Thank you for your assistance. Gary P. Sanders Anpersan, LLC 5209 San Jose Blvd Jacksonville, FL 32207 1-904-742-3526 2#