Interpretation Response #16-0099
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
November 01, 2016
Manager, Transportation Compliance
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
|§ 106.105||PHMSA response to a petition for rulemaking|