Interpretation Response #06-0174
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Sep 11, 2006
Mr. Christopher Widman Reference No. 06-0174
Alliant Techsystems Inc. (ATK)
5050 Lincoln Drive
Edina, MN 55436-1097
Dear Mr. Widman:
This responds to your July 31, 2006, letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185) to a hazardous waste generator. Specifically, you ask if a hazardous waste generator can be a generator and not a shipper, and, how the registration requirements under § 107.60 1 apply for a facility that does not meet applicability requirements.
According to your letter, ATK is the owner of a facility that generates hazardous waste. The type and amount of hazardous waste being transported does not meet applicability requirements of § 107.601 for DOT registration. You contract with a company to pack, mark and label the hazardous waste, as well as prepare the hazardous waste manifest. However, ATK provides the signature on the hazardous waste manifest, verifying compliance with the HMR.
As defined in § 171.8, an “offeror” is any person who performs or is responsible for performing, any pre-transportation function required under the HMR for transportation of the hazardous material in commerce, or tenders or makes a hazardous material available to a carrier for transportation in commerce. Pre-transportation functions include: (1) determining the hazard class or the material; (2) selecting a packaging; (3) filling the packaging and securing its closures; (4) marking and labeling the package; (5) preparing the shipping paper; and (6) certifying that the hazardous material shipment is in proper condition for transportation in conformance with HMR requirements. Because ATK signs the hazardous waste manifest to certify that the shipment conforms to all applicable HMR requirements, ATK is an offeror for purposes of the HMR.
Under § 107.601, a person who offers or transports hazardous materials in the amounts listed must register. However, if ATK does not offer or transport hazardous materials for transportation the amounts listed in § 107.601, then ATK is not required to register.
I hope this answers your inquiry.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards