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Interpretation Response #14-0135 ([Western Refining] [Mr. Victor Garcia])

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

Interpretation Response Details

Response Publish Date:

Company Name: Western Refining

Individual Name: Mr. Victor Garcia

Location State: TX Country: US

View the Interpretation Document

Response text:

March 13, 2015

Mr. Victor Garcia
Environmental Engineer
Western Refining
212 N. Clark Street
El Paso, TX 79905

Ref. No.: 14-0135

Dear Mr. Garcia:

This is in response to your letter dated June 13, 2014, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) pertaining to the preparation of a Hazardous Waste Manifest. You relate that your facility generates a waste comprised of several hazardous components and described as "Hazardous waste, solid, n.o.s.", Class 9. In accordance with Environmental Protection Agency (EPA) requirements up to six applicable waste stream codes may be entered into Section 13 of the Hazardous Waste Manifest. You ask if it is acceptable to include the waste codes in parentheses in association with the U.S. DOT Description in Section 9b of the manifest.

Section 172.205(a) of the HMR requires a hazardous waste manifest to be prepared in accordance with the instructions referenced in 40 CFR § 262.20. The instructions for preparing the manifest found in the Appendix to 40 CFR Part 262 provide for entering up to six waste codes in Section 13 of the manifest. Further, as you point out, § 172.203(k)(2)(i) of the HMR provides that the requirement to enter technical names on the shipping paper for n.o.s. descriptions does not apply to a material that is a hazardous waste and described using the proper shipping name "Hazardous waste, liquid or solid, n.o.s.", Class 9, provided the EPA hazardous waste code is included on the shipping paper in association with the basic description. Finally, the instructions for preparing the hazardous waste manifest authorizes including technical names in Section 9b (U.S. DOT Description) if applicable. Therefore, while the appropriate waste codes are required to be entered in Section 13 of the hazardous waste manifest, neither the instructions nor the HMR would prohibit the waste codes from also being entered in parentheses in association with the U.S. DOT Description in Section 9b.

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

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

172.205(a), 172.203(k)(2)(i)

Regulation Sections

Section Subject
172.203 Additional description requirements
172.205 Hazardous waste manifest