Interpretation Response #10-0045 ([Department of Ecology] [Mr. Gerald French])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Department of Ecology
Individual Name: Mr. Gerald French
Location State: WA Country: US
View the Interpretation Document
Response text:
July 8, 2010
Mr. Gerald French
Department of Ecology
4601 North Monroe Street
Spokane, WA 99205-1295
Ref. No. 10-0045
Dear Mr. French:
This responds to your February 19, 2010 request for clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipments of hazardous waste. Specifically, you ask if the marking requirements in § 172.301(a)(2) apply to such shipments.
Section 172.301(a)(2) states that the proper shipping name for a hazardous waste need not include the word "waste" if the package bears the Environmental Protection Agency (EPA) marking prescribed by 40 CFR 262.32. In accordance with EPA requirements in 40 CFR 262.32, before transporting a hazardous waste or offering a hazardous waste for transportation off-site, a generator must mark each container of 119 gallons or less used in such transportation as follows: "HAZARDOUS WASTE- Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. Generator's Name and Address_________. Generator's EPA Identification Number__________. Manifest Tracking Number."
You ask if the required EPA marking must be reproduced word-for-word on the packaging and whether a state or local government agency may require modifications in the EPA marking. Questions concerning clarification of the marking requirements in 40 CFR 262.32 should be directed to EPA. If EPA permits variations in the marking requirement, such variations would be permitted under the HMR.
I hope this answers your inquiry. If you need additional assistance, please contact this Office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
173.301(a)(2)