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Interpretation Response #03-0037 ([Regulatory Resources, Inc.] [Mr. Wade A. Winters, CET, CHMM])

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

Interpretation Response Details

Response Publish Date:

Company Name: Regulatory Resources, Inc.

Individual Name: Mr. Wade A. Winters, CET, CHMM

Location State: WA Country: US

View the Interpretation Document

Response text:

Jan 12, 2006

 

Mr. Wade A. Winters, CET, CHMM                 Reference No. 03-0037
President
Regulatory Resources, Inc.
240 Joshua Road
Kennewick, WA 99338

Dear Mr. Winters:

This is in response to your letter dated January 23, 2003, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for determining the appropriate reportable quantity (RQ) for a hazardous waste. I apologize for the delay in responding to your inquiry.

In your letter, you question this office’s previous interpretations on the appropriate RQ for a hazardous waste for which the constituents are known but specific percentages are unknown. You state that our previous interpretations on this topic are inconsistent with interpretations and guidance issued by the U.S. Environmental Protection Agency (EPA).

In past interpretations, we have stated that if the constituents of a hazardous waste and its concentrations are known, then the RQ for the constituent is appropriate. We have also stated that if the hazardous waste’s constituents their respective concentrations are unknown, then the appropriate RQ is that which is assigned to the hazardous waste.

You are correct that EPA interpretations and guidance state that, for a hazardous waste for which all of the constituents are known but their respective concentrations are unknown; the RQ for the constituent should be used. Therefore, we are revising our previous guidance on this issue. To determine the RQ for a hazardous waste for which the constituents are known, but their respective concentrations are unknown, you should apply the total amount of the hazardous waste in the packaging to the individual constituents to determine if an RQ has been met.

I appreciate your bringing this inconsistency to our intention. We will make every attempt to bring this change in policy to the attention of the regulated community. Please contact us if you require additional assistance.

Sincerely,

 

Susan Gorsky
Acting Director
Office of Hazardous Materials Standards

172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table