Interpretation Response #14-0221

Interpretation Response Details

January 08, 2015

Mr. Brian Burns
WTS, Inc.
435 North 2nd St.
Lewiston, NY 14092

Reference No. 14-0221

Dear Mr. Burns:

This is in response to your November 13, 2014 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding identification number marking size requirements.  You provide an example proprietary “hazardous waste marking” and ask if it complies with the “UN” identification number size requirements of § 172.301(a).    

The proposed “hazardous waste marking” you submitted with your request shows the proper identification number, preceded by the letters “UN”, placed on the marking twice.  The identification number is provided once in conjunction with other required markings and again in a larger more prominent location elsewhere on the marking.   

It is the opinion of this office that the proposed marking you submitted would be in compliance with § 172.301(a)(1).  Section 172.301(a)(1) does not specify where the identification number marking must be located on the non-bulk package, nor does it prohibit marking the identification number multiple times.   As long as the size requirements of § 172.301(a)(1) and the general display requirements of § 172.304 are met your proposed marking would be compliant with HMR marking requirements.  This office does not regulate the content required on an Environmental Protection Agency (EPA) hazardous waste marking.  Questions concerning clarification of the marking requirements in 40 CFR 262.32 should be directed to EPA.     

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

172.301(a), 172.301(a)(1), 172.304   

Regulation Sections