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Interpretation Response #12-0127 ([Veolia ES Technical Solutions, L.L.C.] [Ms. 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 ES Technical Solutions, L.L.C.

Individual Name: Ms. Jennifer Eberle

Location State: NJ Country: US

View the Interpretation Document

Response text:

August 15, 2012

 

 

Ms. Jennifer Eberle
Manager, Transportation Compliance
Veolia ES Technical Solutions, L.L.C.
1 Eden Lane
Flanders, NJ 07836

Ref. No.: 12-0127

Dear Ms. Eberle:

This is in response to your May 31, 2012 letter and subsequent June 14, 2012 telephone conversation and email correspondence with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company, Veolia ES Technical Solutions, L.L.C. (Veolia) ships hazardous materials that require a Competent Authority (CA) approval prior to shipment. The examples you provide are approvals that assign a proper shipping name and hazard class to Division 4.1 self-reactive materials, per § 173.124(a)(2)(iii)(D) and Division 5.2 organic peroxides per § 173.128(d). The approvals are issued by PHMSA to the original manufacturer or distributor, which contract with Veolia to ship unused and outdated supplies of the same hazardous material in the original packaging as waste to a disposal facility. Your questions are paraphrased and answered below.

Q1. Is it a violation of the HMR for Veolia or another environmental services company to transport a hazardous material with an approval issued to another entity, such as the manufacturer or a distributor?

A1. No, provided you have not made any changes to the material and you comply with all of the requirements detailed in the approval, it is not a violation of the HMR. While most approvals apply specifically to the holder of the approval, such as those issued to certification agencies or cylinder retesters, classification approvals that assign a proper shipping name and hazard class, apply to the specific hazardous material being offered for transportation, not the entity to which the approval was issued.

Q2. May an approval that has been issued for shipments of a certain hazardous material also be used for shipping that same hazardous material to a disposal facility as a hazardous waste, assuming the hazardous material is unused, unaltered and remains in its original packaging?

A2. Yes, an approval that has been issued for shipments of a certain hazardous material may also be used for shipping that same hazardous material, which is unused, unaltered and in its original packaging, to a disposal facility as a hazardous waste, provided the word "waste" precedes the proper shipping name.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

173.124, 173.128

Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions
173.128 Class 5, Division 5.2-Definitions and types