Grayson Hill Farm — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. FEB 2 1 2001 Mr. William Horn Consultant Ref. No. 01-0024 17701 Rivendel Road Lutz, FL 33549 Dear Mr. Horn: if a person that prepares drums of hazardous waste for shipment Specifically, you ask is subject to the training requirements of the HMR. Generally, the HMR requires a hazmat employee to be trained. For purposes of the HMR, "hazmat employee" means a person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials transportation safety. "Hazmat employer" means a person who uses one or more of hazardous material to be transported or shipped in commerce. See its employees in connection with, among other things, causing a $ 171.8. perform offeror functions, such as preparing a package for you describe, workers at a facility who of Part 172 of the HMR. shipment, are subject to the training requirements in Subpart H shipment. If Under the HMR, there can be more than one offeror for a given a hazardous waste generator and a waste hauler split the performance of offeror functions, both the generator as offerors. and the waste management company are subject to the regulations In the scenario you describe, the workers at the generator's facility who prepare a package of hazardous waste for the packaging is not overfilled, and securing the closures on the transportation - such as by selecting a packaging, assuring that package -- are performing offeror functions that directly affect hazardous materials transportation safety and must be trained, even if the waste hauler assumes responsibility for generating a shipping paper and certifying that the shipment conforms to HMR requirements. In this case, both the generator and the waste hauler are performing offeror functions. 010024#

Page 2The generator would not be an offeror if it contracted with a waste hauler to perform all offeror functions associated with the transportation of its hazardous waste. The waste hauler would become the offeror of the hazardous waste and would be responsible for classifying the hazardous waste, selecting overfilled, securing the closures on the packagings, marking and appropriate packagings, assuring that packagings are not labeling the packages as appropriate, generating shipping papers, and training their hazmat employees in accordance with the HMR. I hope this satisfies your request. Sincerely, mess Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3BAH Milliam Morn, Consultant 8171.8 17701 Rivendel Road Lutz, FL 33549 Definitions uniquhom@mindspring.com 813) 949-2307 01 - 0024 January 19, 2001 Mr. Edward Mazzuloo US DOT RFPA [MS DHM-10] 400 7h Street, SW Washington, DC 20590 RE: Clarification of the terms Hazmat Employer and Hazmat Employee Under 49 CFR 171.8 Dear Mr. Mazzloo: I am writing this letter as a request for a written response to the above referenced claring to cate elder to drin atic. Please ces of a kind clarice figu the the will also address the questions below. To what activities does the statement "causing hazardous materials to be transported or Hazmat Employer (49 CFR 171.8) shipped in commerce" refer? Do you have to be a transporter or be in the business of transporting in some fashion? If a business that generates hazardous waste [i.e. a material | that also meets the definition of a DOT hazardous materiall puts the waste in drums and ? hires someone else to ship those drums off-site for disposal, and this is the only nazardous material activity at the business; does this company meet the definition of a hazmat employer? If an employee is not in a decision making roll, but simply consolidates hazardous Hazmat Employee (49 CFR 171.8) e supervision of a properly trained and knowledgeable supervisor, must that employ laterial Te.g. hazardous waste] in drums and prepares those drums for shipment und be trained as described in 49 CFR 172.704? Should you have questions or need additional information, please do not hesitate to contact me at the above phone or email, or on my cell phone at (813) 335-5064. Your expeditious response would be greatly appreciated. William C. Horn#