Interpretation Response #04-0186 ([Safety-Kleen Systems, Inc.] [Mr. William Eric Mendenhall])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Safety-Kleen Systems, Inc.
Individual Name: Mr. William Eric Mendenhall
Location State: WA Country: US
View the Interpretation Document
Response text:
Oct 13, 2004
Mr. William Eric Mendenhall Reference No. 04-0186
Regional Transportation Compliance Manager
Safety-Kleen Systems, Inc.
P.O. Box 909
Oak Harbor, WA 98277-0909
Dear Mr. Mendenhall:
This responds to your letter dated August 5, 2004, regarding whether hazardous waste shipped under the U.S. Environmental Protection Agency’s (EPA) Tolling Agreement Manifest Exclusion, and hazardous waste from Conditionally Exempt Small Quantity Generators (CESQGs) meet the definition of a hazardous waste as defined under the Department of Transportation’s (DOT) Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Certain materials that meet EPA’s definition of hazardous waste are exempt from manifesting under EPA requirements (e.g., universal wastes, or wastes shipped by small quantity generators under a tolling agreement). Under the HMR, a hazardous waste is any material that is subject to the Hazardous Waste Manifest Requirements of the EPA specified in 40 CFR Part 262 (see §171.8). Hazardous wastes that are excepted from manifesting under EPA regulations are not regulated as hazardous wastes under the HMR.
Section 172.101 (c)(9) of the HMR requires shippers to place the word “waste” in front of the proper shipping name if the material is a waste as defined in § 171.8, and the description of the material does not already include the word “Waste.” The HMR do not permit the use of the word “Waste” preceding a proper shipping name if the material does not meet the definition in §171.8 for a hazardous waste.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
172.205
Regulation Sections
| Section | Subject |
|---|---|
| 172.205 | Hazardous waste manifest |