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Interpretation Response #11-0128


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

Interpretation Response Details

Response Publish Date: 10-27-2011
Company Name: Oregon Department of Environmental Quality    Individual Name: Mr. Brian Allen
Location state: OR    Country: US

View the Interpretation Document


Response text:

October 27, 2011

 

 

 

Mr. Brian Allen
RCRA Compliance Inspector
Oregon Department of Environmental Quality
475 NE Bellevue Dr., Suite 110
Bend, Oregon 97701

Ref. No. 11-0128

Dear Mr. Allen:

This responds to your May 12, 2011, request for clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Part 171-180) on Conditionally Exempt Small Quantity Generators (CESQG), small businesses that are not state or local government entities, of hazardous waste (less than 220 lbs/month) that transport their waste to state run collection events and/or to local transfer stations for final disposal. Your questions are answered as follows:

Q1. Are CESQGs required to abide by HMR if the hazardous waste being transported is listed in the § 172.101 Hazardous Material Table (i.e., 30 gallons of Spent Acetone, flammable or corrosive liquids, etc.)?

A.1 Yes. The HMR apply to the transportation of hazardous materials in commerce. However, CESQGs you describe may be operating under exceptions. Please refer to the HMR for detailed requirements based on classification and proper shipping name for the material.

Q2. Would a CESQG be subject to the shipping paper requirements of § 172.200 and all applicable labeling, marking and/or placarding requirements?

A2. See A1.

Q3. Are CESQGs required to use the word "Waste" preceding the proper shipping name?

A3. The word "waste" is required to precede the proper shipping name in the basic description when the waste is an EPA hazardous waste requiring the Uniform Hazardous Waste Manifest. (see § 172.101(c)(9), as defined in § 171.8. The word "waste" may not precede the basic description for a DOT-regulated hazardous material when the material is not an EPA hazardous waste.

Q4. When a CESQG hazardous waste is picked up by a vendor for hire, can a hazardous waste manifest be used for this type of shipment in lieu of a BOL?

A4. The Uniform Hazardous Waste Manifest is authorized for use as the shipping paper when transporting RCRA hazardous wastes. However, the manifest may also be used as a shipping document for a non-RCRA hazardous waste.

Q5. May a vendor for hire use a hazardous waste manifest and/or use the word "Waste" preceding the proper shipping name when consolidating waste at collection events for further transport if this waste is not subject to RCRA (40 CFR 260-280)?

A5. The manifest may be used as a shipping document for a non-RCRA hazardous waste. However, the definition of a hazardous waste is a waste that is subject to the Uniform Hazardous Waste Manifest requirements of the EPA specified in 40 CFR part 262 (see § 171.8). As indicated in A3, the word "waste" may not precede the basic description for a DOT-regulated hazardous material when the material is not an EPA hazardous waste.

Q6. Is the record retention requirement 2 years for hazardous material shipping papers?

A6. Yes. For hazardous materials, the shipping paper must be retained for two years after the material is accepted by the initial carrier. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. (see § 172.201(e))

Q7. Are CESQG that ship and/or sign hazardous material shipping papers of hazardous waste manifests required to have DOT and security training every 3 years?

A7. Yes. A hazmat employee must be trained at least every three years. (see § 172.704)


Q8. May states adopt their own exemptions to HMR requirements?

A8. No. See § 107.202(a) for standards for determining preemption.

I hope this answers your inquiry. If you need additional assistance, please contact this Office at (202) 366-8553.

Sincerely,

Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

172.101, 171.8, 172.201, 172.704, 107.202


Regulation Sections

Section Subject
§ 171.8 Definitions and abbreviations