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Interpretation Response #07-0042 ([Veolia Environmental Services] [Jennifer Eberle])

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

Interpretation Response Details

Response Publish Date:

Company Name: Veolia Environmental Services

Individual Name: Jennifer Eberle

Location State: NJ Country: US

View the Interpretation Document

Response text:

Apr 3, 2007

 

Jennifer Eberle                Reference No. 07-0042
Manager, Transportation Compliance
Veolia Environmental Services
1 Eden Lane
Flanders, NJ 07836

Dear Ms. Eberle:

This is in response to your letter dated February 13, 2007, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for determining the appropriate reportable quantity for a hazardous waste. Specifically, you provide six scenarios that differ based on the amount of constituent and concentration information known on specific waste streams. You ask if the approach you use to determine the reportable quantity in each scenario is correct.

The scenarios and approaches you provide in your letter are paraphrased as follows:

  1. The constituents are known as are their concentrations - use the weight of the constituents in order to determine the reportable quantity.
  2. The constituents are known but their concentrations are unknown - use the net weight of the package as the weight of each constituent in order to determine the reportable quantity.
  3. The constituents are unknown but concentrations are known use the net weight of the waste code in order to determine the reportable quantity.
  4. The constituents are unknown as are their concentrations - use the net weight of the package as the weight of the appropriate waste code in order to determine the reportable quantity.
  5. The constituents are known as is a range of concentrations - use the weight of each constituent at its highest concentration in order to determine the reportable quantity.
  6. The constituents are known as are their concentrations, but some are not listed in the Hazardous Substance Table (§ 172.101 Appendix A) — use the weight of the constituents listed in the Hazardous Substance Table and the net weight of the package as the weight of the appropriate waste code in order to determine the reportable quantity.

In scenarios 1-5 the approaches you use to determine the reportable quantity for the waste streams are correct.

In scenario 6 the approach you use is not correct. Basically, your approach is more restrictive than what is required by the HMR. Since you know the constituents and their concentrations you can determine the reportable quantity based on the weight of the constituents. You are not required to apply the net weight of the package to the waste code when you know the constituents and their concentrations.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

172.101 App.A,171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations