Interpretation Response #05-0298 ([The Dow Company] [Mr. Phil Stewart])

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

Interpretation Response Details

Response Publish Date: 01/17/2006

Company Name: The Dow Company

Individual Name: Mr. Phil Stewart

Country: CA

View the Interpretation Document

Response text:

Jan 17, 2006

Mr. Phil Stewart                            Reference No. 05-0298

The Dow Company

1424 Vidal Street

Sarina, ON N7T 8C6

Dear Mr. Stewart,

This is in response to your letter dated November 20, 2005, concerning the transportation of a waste that does not meet the definition of hazardous waste, but may meet the definition of a hazardous material in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the material described above is subject to the HMR, including the shipping paper requirements in Part 172, Subpart C, if your company transports it across public roads.

For the purposes of the HIVIR a "hazardous waste" is any material subject to the Hazardous Waste Manifesting Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262 ( 171.8). Therefore, a material is not considered to be a hazardous waste if it is not required to be manifested as a hazardous waste under 40 CFR Part 262. However, the shipper is required to determine if the material meets the definition of a hazardous material provided in § 171.8 (Shipper"s Responsibility; see § 173.22). The definition of a hazardous material is not limited to hazardous wastes, it also includes:

1. Hazardous substances;
2. Marine Pollutants;
3. Elevated temperature materials;
4. Materials designated as hazardous in the Hazardous Materials Table (HMT; 49 CFR 172.101); and
5. Materials that meet the defining criteria for hazard classes and divisions in Part 173 of the HMR.

If you determine that your material is not a hazardous waste, but does meet the definition of a hazardous material then it must be transported in accordance with the HMR, including the shipping paper requirements in Part 172, Subpart C, when moved on or across roads that permit public access.

I hope this information is helpful. If you have further questions, please do not hesitate to

contact this office.

Sincerely,

John A. Gale

Standards Development

Office of Hazardous Materials Standards

171.11, 172.205

Regulation Sections