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Interpretation Response #99-0317 ([Department of Energy] [Mr. Steven H. Wisness])

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

Interpretation Response Details

Response Publish Date:

Company Name: Department of Energy

Individual Name: Mr. Steven H. Wisness

Location State: WA Country: US

View the Interpretation Document

Response text:

February 11, 2000


Mr. Steven H. Wisness                 Ref.  No. 99-0317
Department of Energy
Richland Operations Office
P.O. Box 550
Richland, WA 99352

Dear Mr. Wisness:

This is in response to your letter regarding the use of salvage drums under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Your questions are paraphrased and answered below.

Ql.       May a salvage drum be offered into transportation in accordance with § 173.3(c)?

Al.        Yes.

Q2.      An authorized package of a hazardous material is being stored in a warehouse awaiting transportation.  The package is discovered to be leaking.  May the leaking package be placed into a salvage drum in accordance with § 173.3 (c) to transport it for repackaging?

A2.      Yes.  In accordance with § 173. 3 (c), a salvage drum may be used to ship a damaged or leaking package for disposal or repackaging.

Q3.      An authorized package of a hazardous waste is moved from a 90-day accumulation area to a treatment and/or disposal facility on site.  The package develops a leak while in storage awaiting transportation to a disposal facility.  May the leaking package be placed into a salvage drum in accordance with § 173.3(c)and then transported for disposal?

A3.      Yes.  (See A2.)

Q4.      An authorized package of a hazardous waste is moved from a 90-day accumulation area to a storage facility.  A Uniform Hazardous Waste Manifest (UHWM) is generated at the 90-day accumulation area and the drum is transported to a storage facility where the drum develops a leak.  The leaking drum is placed into a salvage drum and transported for disposal in accordance with § 173.3. Does a new UHWM need to be generated?

A4.      For guidance on whether a new UHWM must be generated, you should contact Mr. Tom Cusack, EPA, Washington State Office at (360)407-6755.  A UHWM is an Environmental Protection Agency (EPA) requirement and must be prepared in accordance with 40 CFR part 262.  A UHWM containing all of the information required by 49 CFR part 172, subpart C, may be used to satisfy the shipping paper requirement in the HMR (see 49 CFR 172.205).

Q5.      Regarding the above scenario, may the salvage drum be transported several years later?

A5.      Yes.  Also, for your information, we have initiated a rulemaking under Docket HM-223 to clarify the
applicability of the HMR to the loading, unloading, and storage of hazardous materials at fixed facilities.  A supplemental advance notice of proposed rulemaking (64 FR 22718) was published under Docket No. RSPA-98-4952 (HM-223) on April 27, 1999.

I hope this information is helpful.  Please contact this office if you need additional assistance.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.3 Packaging and exceptions