Interpretation Response #04-0061 ([Grammar industries] [Charles L. Whittington])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/19/2004

Company Name: Grammar industries

Individual Name: Charles L. Whittington

Location State: IN Country: US

View the Interpretation Document

Response text:

Apr 19, 2004

Charles L. Whittington                Reference No. 04-0061

President

Grammar industries

18375 East 345 South

Grammar, IN 47236

Dear Mr. Whittington:

This responds to your February 20, 2004 email to Mr. Danny Shelton of the Federal Motor Carrier Safety Administration and subsequent telephone conversation with a member of my staff, Glenn Foster, requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers.  Your questions are paraphrased and answered below.

Ql.       Is the person performing the function of an offerer responsible for providing the description of a hazardous material on the shipping paper as required by the HMR?

Al         Yes.  As required in § 172.200, each person who offers a hazardous material for transportation must describe the hazardous material on the shipping paper in the manner required by Subpart C of the HMR.

Q2.      Is the Shipper's Certification statement required on the shipping paper accompanying a cargo tank transporting hazardous waste?

A2.      Yes.  As required in § 172,204, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with Subchapter C of the HMR by printing on the shipping paper containing the required shipping description the certification contained in § 172.204(a)(1) or the certification (declaration) containing the language in § 172.204(a) (2).

Q3.       Is the Environmental Protection Agency (EPA) Form 8700-22, Uniform Hazardous Waste Manifest an appropriate shipping paper as required by the HMR?

A3.       Yes.  As defined in § 171.8, a shipping paper means a shipping order, bill of lading, manifest, or other shipping document serving a similar purpose and containing the information required by §§ 172.202, 172.203 and 172.204 of the HMR. In addition, as provided in § 172.205(h), a hazardous waste manifest required by 40 CFR part 262, containing all of the information required by Subpart C of the HIVIR, may be used as the shipping paper required by this subpart.

Q4.      Does the Generator" Certification of the Uniform Hazardous Waste Manifest meet the shipper"s certification requirements of the HMR?

A4.      The Generator"s Certification on a Uniform Hazardous Waste Manifest does not conform in all respects to the shipper certification statements required under the HMR.  However, it is the opinion of this Office that the EPA"s current Generator"s Certification statement may be used in place of the shipper certification when transporting hazardous waste,

Q5.      Is a generator responsible for the preparation of the Uniform Hazardous Waste Manifest, including the commodity description and certification?

A5.      As required by § 172.205(b), the shipper (generator) must prepare the manifest in accordance with 40 CFR part 262.

Q6.      What are the fines or consequences imposed on a shipper that violates the HMR?

A6.      The compliance orders and civil penalties are found under Subpart D of the HMR.

I hope this information is helpful.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

172.200

Regulation Sections