Interpretation Response #01-0196 ([Southworth-Milton, Inc.] [Mr. Edward D. Caracino])

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

Interpretation Response Details

Response Publish Date: 09/05/2001

Company Name: Southworth-Milton, Inc.

Individual Name: Mr. Edward D. Caracino

Location State: MA Country: US

View the Interpretation Document

Response text:

September 5, 2001

Mr. Edward D. Caracino                              Reference No. 01-0196
On Site Scheduled Maintenance Coordinator
Southworth-Milton, Inc.
100 Quarry Drive
Milford, MA 01757-1729

Dear Mr. Caracino:

This is in response to your July 24, 2001 letter regarding the classification and proper shipping name for “waste oil” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

You state that your company transports a product that is classified as “waste oil” by the Massachusetts Department of Environmental Protection but is not subject to the regulations of the U.S. Environmental Protection Agency.  Specifically, you ask what the proper shipping name is for “waste petroleum” that has a flash point between 141 degrees Farenheit and 200 degrees Farenheit, or has a flash point of 201 degrees Farenheit or higher.  In a phone conversation with a member of my staff, you stated that the “waste oil”  is being transported in a bulk packaging.

Under § 173.120(b)(1), a combustible liquid is defined as a material that has a flash point above 60.5 degrees Celsius (141 degrees Farenheit) and below 93 degrees Celsius (200 degrees Farenheit) that does not meet the definition of any other hazard class under the HMR.  A combustible liquid that is not a hazardous waste, hazardous substance or a marine pollutant and is in a non-bulk package is not subject to the HMR.  A combustible liquid in a bulk packaging is subject to the HMR.  A material with a flash point of 93 degrees Celsius (200 degrees Farenheit) or higher that does not meet the definition of any other hazard class and is not a hazardous waste, hazardous substance or a marine pollutant is not subject to the HMR.

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 the HMR 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 a description such as “Waste oil” or “State regulated oil waste.” This description on the shipping document may not include a hazard class or identification number specified in the § 172.101 Hazardous Materials Table (see § 172.202(e)).

A combustible liquid in a bulk packaging is subject to the requirements in the HMR (see § 173.150(f)(3)) and may be described on the shipping paper as “Combustible liquid, n.o.s., NA1993, III.” The technical name for the hazardous material must be entered in parentheses in association with the basic description.  A notation such as “State regulated oil waste” may be shown in item 15 of the waste manifest.

I hope you find this information helpful.  If we can be of further assistance, please contact us.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.101

Regulation Sections