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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 #12-0003 ([Veolia ES Technical Solutions, L.L.C.] [Mr. Tom Baker])

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 ES Technical Solutions, L.L.C.

Individual Name: Mr. Tom Baker

Location State: NJ Country: US

View the Interpretation Document

Response text:

February 28, 2012



Mr. Tom Baker
Director, Environment and Transportation
Veolia ES Technical Solutions, L.L.C.
1 Eden Lane
Flanders, NJ 07836

Reference No.: 12-0003

Dear Mr. Baker:

This is in response to your December 22, 2011 letter questioning the guidance provided by this office in interpretation 08-0123. You believe the interpretation does not accurately reflect the applicability of § 172.101(c)(9) of the Hazardous Materials Regulations (HMR) to shipments of PCB wastes.

Your understanding of the HMR"s definition of "hazardous waste" is correct; however, your belief that interpretation 08-0123 is inconsistent with the HMR and other previously issued interpretations is not accurate.

Interpretation 08-0123 does not, as you suggest, state that PCB wastes, when manifested, should have the word "waste" preceding the basic description. Rather, it simply states that if a hazardous waste manifest is required under the Environmental Protection Agency (EPA) as specified in 40 CFR Part 262, then § 172.101(c)(9) of the HMR specifies that if the word "waste" is not included in the hazardous material description, for transportation by highway and rail, the proper shipping name for the hazardous waste must include the word "waste" preceding the proper shipping name.

In summary, the § 172.101(c)(9) requirement for the word "waste" to precede the proper shipping name applies only to those materials subject to the hazardous waste manifest under the EPA regulations specified in 40 CFR Part 262. Section 172.101(c)(9) does not apply to other materials, such as PCB wastes, that may be required to be shipped using the hazardous waste manifest under regulations other than 40 CFR Part 262.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table