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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #10-0045 ([Department of Ecology] [Mr. Gerald French])

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

Interpretation Response Details

Response Publish Date:

Company Name: Department of Ecology

Individual Name: Mr. Gerald French

Location State: WA Country: US

View the Interpretation Document

Response text:

July 8, 2010

 

 

Mr. Gerald French

Department of Ecology

4601 North Monroe Street

Spokane, WA 99205-1295

Ref. No. 10-0045

Dear Mr. French:

This responds to your February 19, 2010 request for clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipments of hazardous waste. Specifically, you ask if the marking requirements in § 172.301(a)(2) apply to such shipments.

Section 172.301(a)(2) states that the proper shipping name for a hazardous waste need not include the word "waste" if the package bears the Environmental Protection Agency (EPA) marking prescribed by 40 CFR 262.32. In accordance with EPA requirements in 40 CFR 262.32, before transporting a hazardous waste or offering a hazardous waste for transportation off-site, a generator must mark each container of 119 gallons or less used in such transportation as follows: "HAZARDOUS WASTE- Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency. Generator's Name and Address_________. Generator's EPA Identification Number__________. Manifest Tracking Number."

You ask if the required EPA marking must be reproduced word-for-word on the packaging and whether a state or local government agency may require modifications in the EPA marking. Questions concerning clarification of the marking requirements in 40 CFR 262.32 should be directed to EPA. If EPA permits variations in the marking requirement, such variations would be permitted under the HMR.

I hope this answers your inquiry. If you need additional assistance, please contact this Office.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards



173.301(a)(2)

Regulation Sections

Section Subject
173.301 General requirements for shipment of compressed gases and other hazardous materials in cylinders, UN pressure receptacles and spherical pressure vessels