Interpretation Response #01-0130 ([ENPRO Services Inc.] [Ms. Alice M. Morse])

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

Interpretation Response Details

Response Publish Date: 06/26/2001

Company Name: ENPRO Services Inc.

Individual Name: Ms. Alice M. Morse

Location State: MA Country: US

View the Interpretation Document

Response text:

JUN 26, 2001

Ms. Alice M. Morse                           Ref. No. 01-0130
ENPRO Services Inc.
12 Mulliken Way

Newburyport, MA 01950

Dear Ms. Morse:

This is in response to your May 11, 200 1 letter regarding the classification and proper shipping name for a waste material containing petroleum oil and water and contaminated with debris (soil, PPE, absorbents, speedy dry, etc.) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171­180).

You state that during a routine stop by the Massachusetts State Police, your company was issued a written warning for an improper shipping name on a uniform hazardous waste manifest. The shipping name on the manifest was "State Regulated Oil Waste." Specifically, you asked if the shipping name "State Regulated Oil Waste" is an acceptable proper shipping name to describe this material.

Under the HMR, a waste that is subject to the Uniform Hazardous Waste Manifest (UHWM) Requirements of the U. S. Environmental Protection Agency specified in 40 CFR part 262 is regulated for purposes of transportation as a "hazardous waste." A waste that does not require completion of a UHWM is not considered a "hazardous waste" for purposes of transportation and is not subject to the requirements of the HMR unless it meets the definition of a hazardous material under the HMR. Thus, a State regulated waste that does not require completion of a UHWM and is not a hazardous material as defined in the HMR is not subject to the regulations under the HMR. Such a material may be described using the shipping name, "State Regulated Oil Waste." However its description on the shipping paper or manifest may not include a hazard class or identification number specified in the

§ 172.101 Hazardous Materials Table (See § 172.202(e)).

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards

172.101

Regulation Sections