{"operation":"document","citation":"25-0164","title":"T&R Chemicals Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-06-15","effective_on":null,"summary":"25-0164 response to T&R Chemicals Inc. concerning 171.22, 171.23, 171.24, 172.101, 173.120, 173.150, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-06/25-0164.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJune 15, 2026\nDimitri Fotopoulus\nEngineering and Quality Assurance\nT&R Chemicals INC\n700 Celum Road\nP.O. Box 300\nClint, TX 79836\nReference No. 25-0164\nDear Mr. Fotopoulus:\nThis letter is in response to your December 23, 2025 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification\nof pine oil. Specifically, you state that your company manufactures and ships pine oil in multiple\ngrades. You state that the pine oil in question has been tested for flammability and has a closed\ncup flash point of 75 °C. You state that you do not believe that the pine oil in question should be\nshipped under the Class 3 entry in the hazardous materials table (HMT) for pine oil because the\nflash point exceeds 60 °C, which is the upper limit to be defined as a flammable liquid. Lastly\nyou state that you are aware that the pine oil may also be classified as a marine pollutant.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask if pine oil with a closed cup flash point of 75 °C should be described as\n“UN1272, Pine oil, 3, PG III” under the HMR?\nA1. In accordance with § 173.22 of the HMR, it is the shipper’s responsibility to properly\nclassify and describe a hazardous material. However, based on the information provided,\nit is the opinion of this Office that the “UN1272, Pine oil, 3, PG III” entry would not be\nappropriate because your material would not be classed as a flammable liquid. In\naccordance with § 173.120(a), a flammable liquid (Class 3) means a liquid having a flash\npoint of not more than 60 °C (140 °F). In addition, as stated in § 173.120(b)(1), a\ncombustible liquid means any liquid that does not meet the definition of any other hazard\nclass and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F). Lastly, in\naccordance with § 172.101(d)(4), each reference to a Class 3 material in the hazardous\nmaterials table is modified to read “Combustible liquid” when that material has a flash\npoint above 60 °C (140 °F) but below 93 °C (200 °F). Therefore, the description should\nread “UN1272, Pine oil, Combustible liquid, PG III.”\n\n<<>>\n\nQ2. Should pine oil with a closed cup flash point of 75°C be described as “UN1272, Pine oil,\n3, PG III” under the International Maritime Dangerous Goods (IMDG) Code?\nA2. Section 2.3.1.2 of the IMDG Code specifically excludes liquids with a flashpoint above\n60 °C (140 °F) from the definition of a flammable liquid; therefore, this material is\nexcepted from classification as a Class 3 hazardous material. However, like the HMR,\nsection 2.10.2.3 states that if a liquid marine pollutant does not fall within the criteria for\nClasses 1 through 8, the material shall be transported under the entry: “UN3082,\nEnvironmentally hazardous substance, liquid, n.o.s.” For pine oil offered for transport in\naccordance with the IMDG Code, as pine oil is assigned a “P” in column (4) of the\nIMDG Code Dangerous Goods List, the material is considered a marine pollutant unless a\ncompetent authority has determined that the material no longer meets the criteria for\nmarine pollutants in accordance with 2.10.2.5 of the IMDG Code.\nQ3. Do the International Air Transport Association (IATA) Dangerous Goods Regulations\n(DGR) allow material with a flashpoint of 75 °C to be transported as non-regulated?\nA3. Please note that PHMSA does not officially recognize the IATA DGR for purposes of\ntransporting hazardous materials. Therefore, PHMSA cannot offer an interpretation of the\nIATA DGR. However, § 171.22 of the HMR authorizes use of the International Civil\nAviation Organization Technical Instructions (ICAO TI) for the Safe Transport of\nDangerous Goods by Air, provided shipments offered under the ICAO TI conform to the\napplicable requirements of §§ 171.23 and 171.24. Section 3.1.2 in the ICAO TI defines\nflammable liquids as having a flashpoint of not more than 60 °C from a closed-cup test.\nYour material would not meet this criteria. However, like the HMR and IMDG Code, the\nICAO TI have an entry for liquid environmentally hazardous substances (“UN3082,\nEnvironmentally hazardous substance, liquid, n.o.s.”) that meet the criteria in\ninternational regulations or national regulations established by the appropriate national\nauthority.\nQ4. Under the HMR, does shipping pine oil in bulk packaging (e.g., tank truck, Intermediate\nBulk Container (IBC), or other bulk container) affect the applicability of the “UN1272,\nPine oil” entry or the hazard classification based on the 75 °C flashpoint?\nA4. The size of the packaging (bulk vs. non-bulk) has no effect on the classification of the\nmaterial as a flammable liquid. However, packaging size is relevant in determining\napplicable transport provisions for combustible liquids under § 173.150(f)(2). While this\nsection generally exempts combustible liquids in non-bulk packaging from HMR\nrequirements, the exemption does not apply if the material is also a hazardous substance,\na hazardous waste, or a marine pollutant. Your material is listed as a marine pollutant.\nHowever, if your material is transported in non-bulk quantities by motor vehicle, rail, or\naircraft, it is not subject to the marine pollutant requirements per § 171.4(c)(1) and is\ntherefore not subject to the HMR in accordance with § 173.150(f)(2). If your material is\n\n<<>>\n\nshipped by vessel or in a bulk quantity, it is subject to the marine pollutant requirements\nand all the requirements in § 173.150(f)(3) must be met.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nLarson, R.\n25-0164\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for a formal letter of interpretation\nDate: Wednesday, December 24, 2025 10:58:59\nHi Yul,\nPlease see the below interpretation request.\nLet me know if you need anything.\nJanaye\nFrom: Dimitri Fotopoulos \nSent: Tuesday, December 23, 2025 9:39 PM\nTo: INFOCNTR (PHMSA) \nCc: Vasilios Fotopoulos ; Gera Garcia ; Martin\nIsaac Lopez ; T&R Chemicals \nSubject: Request for a formal letter of interpretation\nYou don't often get email from quality@trchemicals.com. Learn why this is important\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear PHMSA Hazardous Materials Information Center,\nI am writing to request a formal letter of interpretation on the correct hazardous\nmaterials classification for our pine oil products under U.S. DOT (49 CFR), IMDG\nCode, and IATA DGR.\nWe manufacture and ship pine oil in multiple grades. For the product in question, we\nhave a certified closed-cup flash point of 75 °C, measured using a recognized\nclosed-cup test method.\nWe note that “Pine oil” is specifically listed in the Hazardous Materials Table (49\nCFR §172.101) as UN 1272, Class 3, Flammable Liquid. However, based on our\nmeasured flash point exceeding the Class 3 threshold of 60 °C, we would like\nconfirmation as to whether this listing applies only when the pine oil meets the\nflammability criteria, or whether UN 1272 applies regardless of flash point.\nAdditionally, we recognize that pine oil may present non-transport hazards,\nincluding classification as a marine pollutant under environmental criteria, and skin\nand respiratory irritation hazards as reflected on the SDS. We understand these\n\n<<>>\n\nhazards may affect labeling, documentation, and handling requirements, but are\ndistinct from flammability-based dangerous goods classification.\nSpecifically, we request clarification on the following:\n1. DOT (49 CFR):\nFor pine oil with a closed-cup flash point of 75 °C, does the UN 1272 entry\napply, or may the material be correctly classified as not regulated as a\nClass 3 flammable liquid under 49 CFR?\n2. IMDG Code:\nDoes a closed-cup flash point of 75 °C support shipment of pine oil as non-\ndangerous goods under IMDG, and if so, would the material still\nrequire marine pollutant marking absent a Class 3 designation?\n3. IATA DGR:\nFor air transport, does a closed-cup flash point of 75 °C likewise support\na non-regulated classification under IATA?\n4. Bulk vs. non-bulk (DOT):\nUnder U.S. DOT regulations, does shipment in bulk packagings (e.g., tank\ntruck, IBC, or other bulk containers) affect the applicability of UN 1272 or the\nhazard classification for pine oil with a flash point of 75 °C, or would the non-\nregulated determination remain unchanged regardless of packaging size?\nOur objective is to ensure accurate, consistent, and fully compliant classification\nacross all transport modes and packaging types, while properly addressing any\napplicable environmental or health-related communication requirements.\nThank you for your assistance. Please let us know if any additional technical\ninformation or documentation would be helpful.\nPlease mail to:\nT&R Chemicals INC: Attention Dimitri\n700 Celum rd\nPO box 330\nClint Texas, 79836\nSincerely,\nDimitri Fotopoulos\nEngineering & Quality Assurance\n\n<<>>\n\nquality@trchemichals.com\nCell: 240-409-8554","truncated":false,"body_characters":9533}