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Interpretation Response #13-0170 ([ASARCO Grupo Mexico] [Mr William Loehr])

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

Interpretation Response Details

Response Publish Date:

Company Name: ASARCO Grupo Mexico

Individual Name: Mr William Loehr

Location State: AZ Country: US

View the Interpretation Document

Response text:

October 24, 2013

Mr. William Loehr
Corporate Environmental Affairs
ASARCO Grupo Mexico
5285 E Williams Circle, Suite 2000
Tucson, AZ 85711

Ref. No.: 13-0170

Dear Mr. Loehr:

This is in response to your August 13, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the preparation of a hazardous waste manifest.  You request clarification relating to the proper order of the elements of the basic shipping description on the hazardous waste manifest.  

In accordance with HMR § 172.202(b), as of January 1, 2013, the sequence of the basic description on the shipping paper must be; identification number, proper shipping name, hazard class or division, and packing group.  

HMR § 172.205(b) further requires the shipper (generator) to prepare the hazardous waste manifest in accordance with 40 CFR part 262.  Item 9 of the Appendix to 40 CFR part 262 (Uniform Hazardous Waste Manifest and Instructions) requires the “U.S. DOT Description (Including Proper Shipping Name, Hazard Class or Division, Identification Number, and Packing Group)” to be entered on the hazardous waste manifest.

HMR § 172.202(b) does not conflict with the 40 CFR part 262 instructions for the preparation of the hazardous waste manifest.  As provided by HMR § 172.202(b), the sequence of the basic description on the hazardous waste manifest is; identification number, proper shipping name, hazard class or division, and packing group.  

Section 3003(b) of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) requires the Environmental Protection Agency regulations applicable to transporters of hazardous waste to be consistent with the HMR.  Item 9 of the 40 CFR part 262 instructions for the preparation of the hazardous waste manifest requires the entry of the U.S. DOT description, which is the basic shipping description in the sequence required by HMR § 172.202(b).  Further, Item 9b of the instructions requires the entry of the elements of the basic shipping description as identified in 49 CFR part 172.  The additional information in the 40 CFR part 262 instructions, “(Including Proper Shipping Name, Hazard Class or Division, Identification Number, and Packing Group)” sets forth the required elements without a specific order.

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

172.202

Regulation Sections

Section Subject
172.202 Description of hazardous material on shipping papers