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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #16-0099

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

Interpretation Response Details

Response Publish Date:

Company Name: Veolia North America

Individual Name: Jennifer Eberle

Location State: NJ Country: US

View the Interpretation Document

Response text:

November 01, 2016

Jennifer Eberle
Manager, Transportation Compliance
Industrial Business
Veolia North America
1 Eden Lane
Flanders, NJ 07836

Ref. No. 16-0099

Dear Ms. Eberle:

This responds to your June 6, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Part 171-180) regarding the shipment of waste materials in accordance with § 173.12. You ask if wastes which are not subject to the Uniform Hazardous Waste Manifest requirements of the U.S. Environmental Protection Agency, and thus not meeting the definition of "hazardous waste" per § 171.8, can utilize the lab pack exception at § 173.12(b)?

The answer is no. The lab pack exception provided in § 173.12(b) is for hazardous materials that meet the definition of a hazardous waste under § 171.8, specifically those materials subject to Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency at 40 CFR Part 262. Hazardous waste materials meeting that definition, and which are classed as Class or Division 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8, or 9 are excepted from specification packaging if packed in accordance with § 173.12(b) and transported for disposal or recovery by highway, rail, or cargo vessel.

If you believe that a rulemaking change regarding the lab pack exception is warranted, we invite you to file a petition for rulemaking in accordance with §§ 106.95, 106.100, and 106.105 of the HMR, including all information necessary to support your petition. Your request will be further evaluated for merit, and may be addressed in an upcoming rulemaking. For proposed changes to 49 CFR Parts 171 through 180, please submit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.12, 173.12(b), 171.8, 106.95, 101.100, 106.105

Regulation Sections

Section Subject
106.100 Required information for a petition for rulemaking
106.105 PHMSA response to a petition for rulemaking
106.95 Requesting a change to the regulations
171.8 Definitions and abbreviations