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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 #17-0055

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

Interpretation Response Details

Response Publish Date:

Company Name: Waste Management Sustainability Services

Individual Name: Mr. Brian Biancavilla

Location State: CO Country: US

View the Interpretation Document

Response text:

October 06, 2017
Mr. Brian Biancavilla
Project Manager
Waste Management Sustainability Services
P.O. Box 16682
Denver, CO  80216
Reference No. 17-0055
Dear Mr. Biancavilla:
This letter is in response to your May 11, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous wastes.  You describe a large quantity generator of hazardous wastes that transports drums of hazardous waste between three contiguous facilities that operate under one U.S. Environmental Protection Agency Identification Number.  You state that although the three facilities are contiguous, a public road must be used to move between the locations.
We have paraphrased and answered your questions as follows:
Q1.      You ask if the transporter (i.e., carrier) of hazardous wastes is considered a carrier of hazardous materials and subject to the marking, labeling, placarding, and training requirements of the HMR.
A1.      Based on the understanding that the wastes are classified as hazardous materials subject the HMR and that access to the public road is not restricted, the answer is yes.  Note also that if public access to the facility is unrestricted, the movement of drums of hazardous materials exclusively within the confines of the facility is regulated and all applicable requirements of the HMR (e.g., marking, labeling, placarding, and hazardous material employee training) must be met unless otherwise excepted.  In accordance with
§ 171.1(d)(4), if movement of hazardous materials occurs on or across a public road within the contiguous boundary of the facility, that transport is subject to the HMR unless access to the public road is restricted by signals, lights, gates, or similar controls during transport. 
Q2.      You ask if the transportation of hazardous wastes requires drivers to register for a U.S. Department of Transportation (DOT) Number, have hazardous materials driver’s license endorsement on a commercial driver's license (CDL), and meet insurance requirements.
A2.      The Federal Motor Carrier Safety Administration (FMCSA) regulates registration for U.S. DOT Numbers, CDLs, hazardous materials endorsements, and insurance requirements.  Drivers of vehicles transporting hazardous materials required to be placarded in accordance with Subpart F, Part 172 of the HMR must have a hazardous materials endorsement to their CDL (see 49 CFR § 383.93). 
Questions regarding FMCSA regulations may be directed to the appropriate FMCSA field office.  A list of field offices and contact information is available at or you may contact FMCSA Headquarters in Washington, DC at 202‑385-2400.
For questions regarding the HMR, you may contact the Hazardous Materials Information Center at 1-800-467-4922.
I hope this information is helpful.  Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
171.1(d)(4),  383.93

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions