T&R Chemicals Inc. — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration June 15, 2026 Dimitri Fotopoulus Engineering and Quality Assurance T&R Chemicals INC 700 Celum Road P.O. Box 300 Clint, TX 79836 Reference No. 25-0164 Dear Mr. Fotopoulus: This letter is in response to your December 23, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of pine oil. Specifically, you state that your company manufactures and ships pine oil in multiple grades. You state that the pine oil in question has been tested for flammability and has a closed cup flash point of 75 °C. You state that you do not believe that the pine oil in question should be shipped under the Class 3 entry in the hazardous materials table (HMT) for pine oil because the flash point exceeds 60 °C, which is the upper limit to be defined as a flammable liquid. Lastly you state that you are aware that the pine oil may also be classified as a marine pollutant. We have paraphrased and answered your questions as follows: Q1. You ask if pine oil with a closed cup flash point of 75 °C should be described as “UN1272, Pine oil, 3, PG III” under the HMR? A1. In accordance with § 173.22 of the HMR, it is the shipper’s responsibility to properly classify and describe a hazardous material. However, based on the information provided, it is the opinion of this Office that the “UN1272, Pine oil, 3, PG III” entry would not be appropriate because your material would not be classed as a flammable liquid. In accordance with § 173.120(a), a flammable liquid (Class 3) means a liquid having a flash point of not more than 60 °C (140 °F). In addition, as stated in § 173.120(b)(1), a combustible liquid means any liquid that does not meet the definition of any other hazard class and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F). Lastly, in accordance with § 172.101(d)(4), each reference to a Class 3 material in the hazardous materials table is modified to read “Combustible liquid” when that material has a flash point above 60 °C (140 °F) but below 93 °C (200 °F). Therefore, the description should read “UN1272, Pine oil, Combustible liquid, PG III.”#

Page 2Q2. Should pine oil with a closed cup flash point of 75°C be described as “UN1272, Pine oil, 3, PG III” under the International Maritime Dangerous Goods (IMDG) Code? A2. Section 2.3.1.2 of the IMDG Code specifically excludes liquids with a flashpoint above 60 °C (140 °F) from the definition of a flammable liquid; therefore, this material is excepted from classification as a Class 3 hazardous material. However, like the HMR, section 2.10.2.3 states that if a liquid marine pollutant does not fall within the criteria for Classes 1 through 8, the material shall be transported under the entry: “UN3082, Environmentally hazardous substance, liquid, n.o.s.” For pine oil offered for transport in accordance with the IMDG Code, as pine oil is assigned a “P” in column (4) of the IMDG Code Dangerous Goods List, the material is considered a marine pollutant unless a competent authority has determined that the material no longer meets the criteria for marine pollutants in accordance with 2.10.2.5 of the IMDG Code. Q3. Do the International Air Transport Association (IATA) Dangerous Goods Regulations (DGR) allow material with a flashpoint of 75 °C to be transported as non-regulated? A3. Please note that PHMSA does not officially recognize the IATA DGR for purposes of transporting hazardous materials. Therefore, PHMSA cannot offer an interpretation of the IATA DGR. However, § 171.22 of the HMR authorizes use of the International Civil Aviation Organization Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, provided shipments offered under the ICAO TI conform to the applicable requirements of §§ 171.23 and 171.24. Section 3.1.2 in the ICAO TI defines flammable liquids as having a flashpoint of not more than 60 °C from a closed-cup test. Your material would not meet this criteria. However, like the HMR and IMDG Code, the ICAO TI have an entry for liquid environmentally hazardous substances (“UN3082, Environmentally hazardous substance, liquid, n.o.s.”) that meet the criteria in international regulations or national regulations established by the appropriate national authority. Q4. Under the HMR, does shipping pine oil in bulk packaging (e.g., tank truck, Intermediate Bulk Container (IBC), or other bulk container) affect the applicability of the “UN1272, Pine oil” entry or the hazard classification based on the 75 °C flashpoint? A4. The size of the packaging (bulk vs. non-bulk) has no effect on the classification of the material as a flammable liquid. However, packaging size is relevant in determining applicable transport provisions for combustible liquids under § 173.150(f)(2). While this section generally exempts combustible liquids in non-bulk packaging from HMR requirements, the exemption does not apply if the material is also a hazardous substance, a hazardous waste, or a marine pollutant. Your material is listed as a marine pollutant. However, if your material is transported in non-bulk quantities by motor vehicle, rail, or aircraft, it is not subject to the marine pollutant requirements per § 171.4(c)(1) and is therefore not subject to the HMR in accordance with § 173.150(f)(2). If your material is#

Page 3shipped by vessel or in a bulk quantity, it is subject to the marine pollutant requirements and all the requirements in § 173.150(f)(3) must be met. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Alexander Wolcott Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 4Larson, R. 25-0164 From: INFOCNTR (PHMSA) To: Baker, Yul (PHMSA) Cc: Hazmat Interps Subject: FW: Request for a formal letter of interpretation Date: Wednesday, December 24, 2025 10:58:59 Hi Yul, Please see the below interpretation request. Let me know if you need anything. Janaye From: Dimitri Fotopoulos <quality@trchemicals.com> Sent: Tuesday, December 23, 2025 9:39 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Vasilios Fotopoulos <vasilios@trchemicals.com>; Gera Garcia <safety@trchemicals.com>; Martin Isaac Lopez <martin@trchemicals.com>; T&R Chemicals <office@trchemicals.com> Subject: Request for a formal letter of interpretation You don't often get email from quality@trchemicals.com. Learn why this is important CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Dear PHMSA Hazardous Materials Information Center, I am writing to request a formal letter of interpretation on the correct hazardous materials classification for our pine oil products under U.S. DOT (49 CFR), IMDG Code, and IATA DGR. We manufacture and ship pine oil in multiple grades. For the product in question, we have a certified closed-cup flash point of 75 °C, measured using a recognized closed-cup test method. We note that “Pine oil” is specifically listed in the Hazardous Materials Table (49 CFR §172.101) as UN 1272, Class 3, Flammable Liquid. However, based on our measured flash point exceeding the Class 3 threshold of 60 °C, we would like confirmation as to whether this listing applies only when the pine oil meets the flammability criteria, or whether UN 1272 applies regardless of flash point. Additionally, we recognize that pine oil may present non-transport hazards, including classification as a marine pollutant under environmental criteria, and skin and respiratory irritation hazards as reflected on the SDS. We understand these#

Page 5hazards may affect labeling, documentation, and handling requirements, but are distinct from flammability-based dangerous goods classification. Specifically, we request clarification on the following: 1. DOT (49 CFR): For pine oil with a closed-cup flash point of 75 °C, does the UN 1272 entry apply, or may the material be correctly classified as not regulated as a Class 3 flammable liquid under 49 CFR? 2. IMDG Code: Does a closed-cup flash point of 75 °C support shipment of pine oil as non- dangerous goods under IMDG, and if so, would the material still require marine pollutant marking absent a Class 3 designation? 3. IATA DGR: For air transport, does a closed-cup flash point of 75 °C likewise support a non-regulated classification under IATA? 4. Bulk vs. non-bulk (DOT): Under U.S. DOT regulations, does shipment in bulk packagings (e.g., tank truck, IBC, or other bulk containers) affect the applicability of UN 1272 or the hazard classification for pine oil with a flash point of 75 °C, or would the non- regulated determination remain unchanged regardless of packaging size? Our objective is to ensure accurate, consistent, and fully compliant classification across all transport modes and packaging types, while properly addressing any applicable environmental or health-related communication requirements. Thank you for your assistance. Please let us know if any additional technical information or documentation would be helpful. Please mail to: T&R Chemicals INC: Attention Dimitri 700 Celum rd PO box 330 Clint Texas, 79836 Sincerely, Dimitri Fotopoulos Engineering & Quality Assurance#

Page 6quality@trchemichals.com Cell: 240-409-8554#