Reclassing Flammable Liquid as Combustible Liquid

This is in response to your letter of July 14, 1997 concerning the classification of a resin solution which has a flash point of 127°F. Specifically, you ask if your product can be reclassed as a combustible liquid under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material. The criteria for a Class 3 (flammable liquid) is found in § 173.120. As provided by § 173.120(b), a flammable liquid with a flash point at or above 38°C (100°F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. Section 173.150(f) provides exceptions for combustible liquids in non-bulk packages. Based on this information, your resin solution is not subject to the HMR in non-bulk packages, i.e., less than 119 gallons, when shipped by highway or rail. The resin solution is regulated as a flammable liquid and a marine pollutant when offered or intended for transportation by vessel or aircraft. When the resin solution is packaged in bulk packages, i.e., greater than 119 gallons capacity, it is subject to the HMR by all modes.