Interpretation Response #06-0037 ([Waste Technology Services, Inc.] [Ted L. Nebrich, Jr., CHMM, QEP, REM])

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

Interpretation Response Details

Response Publish Date: 03/27/2006

Company Name: Waste Technology Services, Inc.

Individual Name: Ted L. Nebrich, Jr., CHMM, QEP, REM

Location State: NY Country: US

View the Interpretation Document

Response text:

Mar 27, 2006

Waste Technology Services, Inc.                Reference No. 06-0037
Technical Director
Waste Technology Services, Inc.
435 North 2nd Street
Lewiston, NY 14092

Dear Mr. Nebrich:

This is in response to your February 13, 2006 letter to Mr. Jack Albright, Information
Resources Manager, Office of Administration, Pipeline and Hazardous Materials Safety
Administration (PHMSA), U.S. Department of Transportation. Mr. Albright forwarded
your letter to PHMSA’s Office of Hazardous Materials Standards for response.

You ask if hazardous waste or suspected hazardous waste samples may be transported to a laboratory or other facility for analysis under the Materials of Trade (MOTs) exceptions prescribed in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180).. You explained that some of these samples may not be considered a hazardous waste under 40 CFR 261.4(d) of the Environmental Protection Agency’s regulations, and asked if these excluded materials may still be transported as MOTs under the HMR.

For purposes of the HMR, a hazardous waste is a material that is subject to the Universal Hazardous Waste Manifest requirements in 40 CFR Part 262 (see § 171.8). Under § 173.6, MC)Ts are hazardous materials, other than hazardous wastes, transported on a motor vehicle and meeting the definition for one of the following hazard classes or divisions: 2.1 (flammable gas), 2.2 (non-flammable gas), 3 (flammable), 4.1 (flammable solid), 4.3 (dangerous when wet), 5.1 (oxidizer), 5.2 (organic peroxide), 6.1 (poison), 6.2 (infectious, other than Risk Group 4), 8 (corrosive), 9 (miscellaneous), ORM-D (consumer commodity). A Division 4.1 self-reactive material or a Division 6.1 poison-by-inhalation material may not be transported as MOTs. See § 173.6(a)(5), 173.124(a)(2),
173.133(a)(2), and 173.133(b). A sample may be transported as MOTs provided it meets one of the above-mentioned authorized hazard classes and it complies with additional requirements for the material prescribed in § 1 73.6.

I hope this information is helpful.

Sincerely,

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

173.6

Regulation Sections