Interpretation Response #06-0052 ([The Dow Chemical 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: 04/21/2006

Company Name: The Dow Chemical Company

Individual Name: Mr. Phil Stewart

Location State: ON Country: US

View the Interpretation Document

Response text:

Apr 21, 2006

Mr. Phil Stewart                 Reference No. 06-0052
The Dow Chemical Company
1424 Vidal Street
Sarina, ON N7T 8C6

Dear Mr. Stewart:

This is in response to your letter dated February 24, 2006, requesting further clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your scenario, you indicate RCRA hazardous waste is shipped across and along public roadways that follow the boundaries of your facility. Specifically, you ask whether shipping paper requirements apply if your wastes are not required to be manifested under the U.S. Environmental Protection Agency (EPA), but still meet the definition of a hazardous material under the HMR.

A hazardous waste, for the purposes of the HMR, is any material that is subject to the
Hazardous Waste Manifest Requirements of the EPA specified in 40 CFR Part 262 (see § 171.8). As provided in § 172.205(a), no person may offer, transport, transfer, or deliver
a hazardous waste unless an EPA Form 8700-22 and 8700-22A (when necessary)
hazardous waste manifest is prepared in accordance with 40 CFR § 262.20 and is signed,
earned, and given as required of that person.

In the scenario you provided, the EPA does not require preparation of the manifest when hazardous waste is transported between two portions of a contiguous facility, across or along a public roadway that follows the boundary of the facility. Therefore, your material does not meet the definition of a hazardous waste in § 171.8, and the Department of Transportation does not require a waste manifest to be created. However, if your material meets the definition of a hazardous material in § 171.8 and is transported across or along a public roadway following the boundary of the facility, the shipping paper requirements in Part 172, Subpart C of the HMR are applicable.

I hope this clarifies your request,

Sincerely,

Charles E. Betts
Senior Transportation Specialist
Office of Hazardous Materials Standards

171.8, 172.205(a)

Regulation Sections