Green Environmental Consulting — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration OCT 0 2 2015 Ms. Peggy Haase 2822 Grants River Circle Green Environmental Consulting Sugar Land, TX 77479 Ref. No. 15-0130 Dear Ms. Haase: This responds to your June 23, 2015 request for clarification pertaining to combustible liquid material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether "UN1223, Kerosene" with a flash point of 150 °F must be classified as a "Combustible liquid," or whether the more stringent flammable liquid class may be used Based on the information you provided, the material must be classified as a Combustible liquid. Flammable and combustible liquids must be classed and described according to defining criteria in § 173.120 and the shipper's knowledge of the material (See § 173.22). Therefore, if the material meets the definition of a combustible liquid in § 173.120, it must be classed and described as such. If the flash point of your material is greater than 140 °F but less than 200 °F, and the material does not meet the definition of any other hazard class, it must be classed as a combustible liquid for domestic transportation. Furthermore, § 172.101(d)(4) requires that each reference to a Class 3 material is modified to read "Combustible liquid" when that material is reclassified in accordance with § 173.150(e) or (f) or has a flash point above 60 °C (140 °F) but below 93 °C (200 °F). I hope this satisfies your request. Sincerely, TAlenn Fister - T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Lehman: 173.120 Goodall, Shante CTR (PHMSA) class 3 firation From: Geller, Shelby CTR (PHMSA) 15 - 0130 Sent: Wednesday, June 24, 2015 4:32 PM To: Hazmat Interps Subject: FW: Interpretation Request Hi Shante and Alice, Please see the request below for a formal letter of interpretation. Ms Haase spoke with both Adam Lucas and Jordan Rivera. Below is her mailing address: 2822 Grants River Circle Sugar Land, TX 77479 Thanks, Shelby From: phaase [mailto:phaase@green-envi.com] Sent: Tuesday, June 23, 2015 3:41 PM To: PHMSA HM InfoCenter Subject: Interpretation Request I understand that if a Kerosene product has a flash point of 150 F, UN 1223 should still be used, but the hazard class can be changed from "3" to "Combustible". My question is whether or not it is acceptable to leave the hazard class as "3". Thank you, Peggy Haase GREEN Environmental Consulting 832-515-3452#