Interpretation Response #15-0065 ([SOLARIS] [Mr. Keane Lao])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: SOLARIS
Individual Name: Mr. Keane Lao
Location State: CA Country: US
View the Interpretation Document
Response text:
July 22, 2015
Mr. Keane Lao
SOLARIS
12223 Highland Ave. # 106-306
Rancho Cucamonga, CA 91739
Ref. No. 15-0065
Dear Mr. Lao:
This responds to your April 3, 2015 email request for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding applicability. Specifically, you ask for clarification on whether the functions performed by your company cause your company to be considered an "offeror" under the HMR.
In your letter you indicate your company is considered a generator of large quantities of hazardous waste by the California state government. Additionally, you indicate that you contract with a company to perform certain hazardous waste operations at your facility including: (1) profiling the waste streams; (2) determining if placarding is necessary; (3) labeling; (4) loading and transporting of hazardous waste/material; (5) repacking of hazardous waste, if necessary; and (5) developing and preparing hazardous waste manifests.
You state that as the generator, your company's responsibilities as mandated by your state include: (1) placing hazardous waste generated on site in the appropriate containers; (2) labeling the drum with a hazardous waste sticker; and (3) signing the hazardous waste manifests identifying yourselves as a generator.
For purposes of the HMR, and based on the information provided, your company performs pre-transport functions specified in § 171.1(b) that make it subject to the HMR. In accordance with § 171.8, a "person who offers" or "offeror" means "any person who does either or both of the following: (i) [p]erforms, or is responsible for performing, any pre-transportation function required under [the HMR] for transportation of the hazardous material [in this case hazardous waste] in commerce," or "(ii) [t]enders or makes the hazardous material available to a carrier for transportation in commerce."
I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.
Sincerely,
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
171.1(b), 171.8