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Interpretation Response #13-0008 ([Belshire Environmental Services, Inc.] [Mr. Larry Moothart])

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

Interpretation Response Details

Response Publish Date:

Company Name: Belshire Environmental Services, Inc.

Individual Name: Mr. Larry Moothart

Location State: CA Country: US

View the Interpretation Document

Response text:

February 20, 2013



Mr. Larry Moothart
Belshire Environmental Services, Inc.
25971 Towne Centre Drive
Foothill Ranch, CA 92610

Ref. No.: 13-0008

Dear Mr. Moothart:

This is in response to your January 7, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you seek clarification of the packaging requirements for non-bulk shipments in specification packaging of materials regulated as a hazardous waste.  You indicate that you will be using the packaging exception provided in 
§ 173.12(c), which allows previously used packagings to be reused for shipments of waste materials transported for disposal or recovery.  Your questions are paraphrased and answered below.

Q1.  Must non-bulk specification packagings, (i.e., 55-gallon drums) meet the requirements of Part 178 when using the exception provided in § 173.12(c)?

A1.  Yes.  Non-bulk specification packagings that are being reused to ship hazardous waste under the exception provided in § 173.12(c) are subject to all applicable requirements in Part 178, except those pertaining to the reconditioning and reuse provisions. 

Q2.  Are there any hazard classes that would not be allowed under the exception in § 173.12 for hazardous waste?

A2.  No.  A waste material in any hazard class may be transported for disposal or recovery under the exceptions provided in § 173.12. 

Q3.  Is it a correct understanding that § 173.28(b)(6) provides relief from the container reconditioning requirement for waste materials identified in § 173.12(c)(5)?

A3.  Yes.  As provided by § 173.28(b)(6) a "previously used non-bulk packaging may be reused for the shipment of hazardous waste, not subject to the reconditioning and reuse provisions of this section, in accordance with § 173.12(c)." 

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


Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

173.12, 173.28

Regulation Sections

Section Subject
173.12 Exceptions for shipment of waste materials
173.28 Reuse, reconditioning and remanufacture of packagings