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Interpretation Response #10-0059 ([Bureau of Waste Prevention Massachusetts Department of Environmental Protection] [Mr. Bill Sirull Chief])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bureau of Waste Prevention Massachusetts Department of Environmental Protection

Individual Name: Mr. Bill Sirull Chief

Location State: MA Country: US

View the Interpretation Document

Response text:

April 8, 2011




Mr. Bill Sirull

Chief, Enforcement Support Branch

Business Compliance Division

Bureau of Waste Prevention

Massachusetts Department of Environmental Protection

One Winter Street, 7th Floor

Boston, MA 02108

Reference No. 10-0059

Dear Mr. Sirull:

This is in response to your e-mail to the Pipeline and Hazardous Materials Safety Administration"s Hazardous Materials Information Center requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your e-mail, you ask for confirmation that the transportation of virgin mineral spirits, such as "NA 1993, Combustible liquid, n.o.s. (petroleum naphtha), Combustible liquid, Packing Group (PG) III," in non-bulk packages that typically have a capacity of 50 gallons or less, is not regulated under the HMR. You state that the product: has a flash point between 140 ºF and 200 ºF, contains cleaner solvents when shipped from the receiver back to the manufacturer, is not regulated under the HMR or the Environmental Protection Agency, and is a state-regulated waste. We apologize for the delay in responding and any inconvenience this may have caused.

Under the HMR, a waste that is subject to the Uniform Hazardous Waste Manifest (UHWM) Requirements of the U. S. Environmental Protection Agency specified in 40 CFR Part 262 is regulated for purposes of transportation as a "hazardous waste." A waste that does not require completion of a UHWM is not considered a "hazardous waste" for purposes of transportation and is not subject to the requirements of the HMR, unless it meets the definition of a hazardous material under the HMR. Thus, a State-regulated waste that does not require completion of a UHWM and is not a hazardous material as defined in the HMR is not subject to the regulations under the HMR. Such a material may be described using the shipping name, "State Regulated Petroleum Naptha Waste." However, its description on the shipping paper or manifest may not include a hazard class or identification number specified in the § 172.101 Hazardous Materials Table (see § 172.202(e)).

A "combustible liquid" is defined as a material that has a flash point above 60 ºC (140 ºF) and below 93 ºC (200 ºF) and does not meet the definition of any other hazard class under the HMR (see § 173.120(b)(1)). A combustible liquid, that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging, i.e., a packaging having a liquid capacity of 450 L (119 gallons) or less, is not subject to any other requirements under the HMR (see § 173.150(f)(2)). Therefore, the material you described may be shipped using a Massachusetts Department of Environmental Protection State-specific shipping paper.

I hope this satisfies your request.


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

172.101, 172.202

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.120 Class 3-Definitions
173.150 Exceptions for Class 3 (flammable and combustible liquids)