Interpretation Response #22-0022
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 28, 2022
Mr. Charles Denny
Duke Energy Corporation
410 S. Wilmington Street, NC15
Raleigh, NC 27601
Reference No. 22-0022
Dear Mr. Denny:
This letter is in response to your March 7, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Environmental Protection Agency's (EPA) hazardous waste manifests and hazardous materials shipping papers. Specifically, you ask when it is appropriate to place an "X" before a shipping description on a hazardous waste manifest and whether the weight of a hazardous material listed on the shipping paper should be indicated as net or gross weight.
We have paraphrased and answered your questions as follows:
Q1. You ask whether an "X" is required in Column 9a (Hazardous Material) of a hazardous waste manifest when only transporting hazardous materials.
A1. This Office does not regulate the contents of a hazardous waste manifest. For information on how to complete a hazardous waste manifest, please contact the EPA.
However, as provided in § 172.205(h) of the HMR, a hazardous waste manifest required by 40 CFR part 262 and containing all of the information required by Part 172 Subpart C of the HMR may be used as a shipping paper. In accordance with § 172.201, when a hazardous material and a material not subject to the requirements of the HMR are described on the same shipping paper, the hazardous material description entry must be entered first, entered in a color that clearly contrasts with any description on the shipping paper of a material not subject to the requirements of the HMR, or must be identified by the entry of an "X" placed before the basic shipping description required by § 172.202 in a column captioned "HM." The "X" may be replaced by "RQ," if appropriate. This requirement also applies when transporting a hazardous material without an additional material that is not subject to the requirements of the HMR, as well.
Q2. You ask whether an "X" is required in Column 9a of a hazardous waste manifest when only shipping hazardous materials although the shipment includes both a hazardous waste and a non-hazardous waste. You also state that the shipment could contain a hazardous waste and a non-hazardous waste that are both hazardous materials.
A2. See answer A1.
Q3. You ask whether Column 9a of the hazardous waste manifest could be filled with an "X" for a hazardous waste and left “blank” for a non-hazardous waste when the shipment contains a hazardous waste and a non-hazardous waste, and both are hazardous materials.
A3. See answer A1.
Q4. When shipping non-bulk packages identified on the hazardous waste manifest, you ask whether the "net" weight of the hazardous waste in the package can be used instead of the "gross" weight of the package.
A4. A hazardous materials shipping paper may use either "net" or "gross" weight to comply with the hazardous materials shipping paper requirements specified in Part 172 Subpart C of the HMR. As stated in answer A1, this Office does not regulate the contents of a hazardous waste manifest and the EPA may have more restrictive requirements when preparing a hazardous waste manifest.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.201, 172.202, 172.205(h)
|Hazardous waste manifest