Interpretation Response #11-0022 ([Clean Venture, Inc.] [Mr. Roy H. Swartz])

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

Interpretation Response Details

Response Publish Date: 03/15/2011

Company Name: Clean Venture, Inc.

Individual Name: Mr. Roy H. Swartz

Location State: MA Country: US

View the Interpretation Document

Response text:

March 15, 2011

Mr. Roy H. Swartz

Manager of Regulatory Compliance

Clean Venture, Inc.

138 Leland Street

Framingham, MA 01702



Ref. No. 11-0022

Dear Mr. Swartz:

This responds to your January 29, 2011 letter regarding shipping papers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, generators of waste commonly ship a waste using drums of different material of construction (e.g., fiber, metal). You note that in such shipping situations, when only one line of the Uniform Hazardous Waste Manifest (manifest) remains for a hazardous materials description, your company has indicated the container abbreviation for both types of drums (e.g., DF and DM) in Item 10 and noted the number of each in Item 14 of the manifest in order to save time and manifest forms. You provide a copy of a manifest illustrating this practice with your letter. Previous guidance by your state authority and by the DOT Hazardous Materials Information Center has indicated this practice to be acceptable. In light of the new Federal Motor Carrier Safety Administration compliance, safety, and accountability program, you request clarification whether this practice of entering both container abbreviations on a single line (i.e., in Item 10) remains acceptable.

The practice you describe is not prohibited by the HMR. Section 172.202(a)(7) of the HMR requires the number and type of packages used to transport a hazardous material to be included on the shipping paper (the manifest in your case) in association with a hazardous material description. Additionally, instructions for completing a manifest provided by the U.S. Environmental Protection Agency (EPA) state that the number of containers and the appropriate abbreviation (e.g., DF) for the container type are to be entered in Item 10 of the manifest. Thus, based on the example manifest you provided, and for circumstances when only one line remains on a manifest, it is the opinion of this Office that it is acceptable for both container types to be entered in Item 10 of the manifest. The EPA Instructions for Completing the Hazardous Waste Manifest is available at: http://www.epa.gov/osw/hazard/transportation/manifest/.

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely,

Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division

172.202(a)(7)

Regulation Sections