Southworth-Milton, Inc. — Hazardous Materials Safety Interpretation

Page 1• 400 Seventh St., S.W. Washington, D.C. 20590 SEP 5 2001 Mr. Edward D. Caracino Reference No.: 01-0196 On Site Scheduled Maintenance Coordinator Southworth-Milton, Inc. 100 Quarry Drive Milford, MA 01757-1729 Dear Mr. Caracino: This is in response to your July 24, 2001 letter regarding the classification and proper shipping name for "waste oil" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company transports a product that is classified as "waste oil" by the Massachusetts Department of Environmental Protection but is not subject to the regulations of the U.S. Environmental Protection Agency. Specifically, you ask what the proper shipping name is for "waste petroleum" that has a flash point between 141 °F and 200 °F, or has a flash point of 201 °F or higher. In a phone conversation with a member of my staff, you stated that the "waste oil" is being transported in a bulk packaging. Under § 173.120(b)(1), a combustible liquid is defined as a material that has a flash point above 60.5 °C (141 °F) and below 93 °C (200 °F) that does not meet the definition of any other hazard class under the HMR. A combustible liquid that is not a hazardous waste, hazardous substance or a marine pollutant and is in a non-bulk package is not subject to the HMR. A combustible liquid in a bulk packaging is subject to the HMR. A material with a flash point of 93 °C (200 °F) or higher that does not meet the definition of any other hazard class and is not a hazardous waste, hazardous substance or a marine pollutant is not subject to the HMR. Under the HMR, a waste that is subject to the Uniform Hazardous Waste Manifest (UHWM) requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262 is regulated for purposes of transportation as a "hazardous waste." A waste that does not require completion of a UHWM is not considered a "hazardous waste" for purposes of the HMR and is not subject to the requirements of the HMR unless it meets the definition of a hazardous material under the HMR. Thus, a State regulated waste that does not require completion of a UHWM and is not a hazardous material as defined in the HMR is not subject to the regulations under the HMR. Such a material may be described using a description such as "Waste oil" or "State regulated oil waste." This description on the shipping document may not include a hazard class or identification number specified in the § 172.101 Hazardous Materials Table (see § 172.202(c)). 010196#

Page 2...... A combustible liquid in a bulk packaging is subject to the requirements in the HMR (see $ 173.150(f(3)) and may be described on the shipping paper as "Combustible liquid, n.o.s.. VA1993, III." The technical name for the hazardous material must be entered in parentheses it association with the basic description. A notation such as "State regulated oil waste" may be shown in item 15 of the waste manifest. I hope you find this information helpful. If we can be of further assistance, please contact us. Sincerely, Hothe z. nethele Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3Southworth- CAT Milton, Inc. July 24, 2001 corbin $ 172.101 U.S. Dept of Transportation DHM-10 400 7th St. Southwest. Proper Stipping Name Washington, DC 20590 01-0196 14 Kendrick Road Rte 28 Dear Mr. Mazullo, Wareham, MA 02571-1079 (508) 291-1200 We at Southworth-Milton, Inc. provide heavy equipment sales and service in all of Massachusetts. A by-product of some of the services we provide is waste oil. Massachusetts Brewer. ME 04412-2246 79 Robertson Boulevard Dept. of Environmental Protection has classified waste oil as a (207) 989-1890 hazardous waste even though the Federal EPA does not. To comply with state regulations we have obtained a hazardous waste transporter's license and complete a state 16 Pleasant Hill Road Scarborough, ME 04070-0960 Mail: P.O. Box 960 hazardous waste manifest for the waste oil we transport. One (207) 883-9586 section of the manifest asks for a US DOT description of the material being transported. In an effort to comply I have checked Hopkintan, NH 03229 Exit 6, Interstate 89 with the Massachusetts DEP on the correct description and they Hopkinton, NH 03229-3343 Mail: 554 Maple Street differed the question to the DOT. I inquired with other licensed (603) 746-4611 transporters and facilities only to find numerous descriptions. After doing some research of my own the key element Route 103 Exit 7, Interstate 89 appears to be flash point. So my questions are: What is the proper Warner, NH 03278 US DOT description for waste petroleum with a flash point Mail: 554 Maple Street 303) 746-46: opkinton, NH 03229-334 between 141 and 200 degrees Fahrenheit? What is the proper US DOT description for waste petroleum with a flash point 201 Fahrenheit degrees and above? ю Harts Lane (518) 465-5255 Albany, NY 12204-2485 I am requesting a written response to these questions to keep in our files should the description on the manifest ever be in question. I appreciate your taking time to respond to this letter and Commerce Par wet 10 thank you for your assistance. (0) 946 6 02920-2321 Sincerely, Pea/Mania Route #2 One Cat Lane (802) 434-4228 ichmond, VT 05477-980 Edward D. Caracino On Site Scheduled Maintenance Coordinator#

Page 4DEPARTMENT OF:ENVIRONMENTAL PROTECTION COMMONWEALTH OF MASSACHUSETTS DIVISION OF HAZARDOUS MATERIALS Boston, Massachusetts 02108 One Winter Street Pioisd print or type. Form dealgned for use on elite (12-pitchi typowritor.) UNIFORM HAZARDOUS. 1. Generator US EPA ID No. Dócument No. Manifest 2. Page 1 ::* WASTE MANIFEST HILLA of Information in the shaded areas is not required by Federal taw. 3, Generator's Name and Mailing Address 4. Gonerator a Phone ( 5. Transporter 1 Company Name . 6. US EPA ID Number MA M137760 7: Transporter 2 Company Name 8. BULLA US EPAID Number : 9. Designated Facility Name and Site Address 10. LUEN US EPA ID Number COPY>1: TRUS DOT sription acludina rapan Shipping Name Hord CATS NUME! 12. Containers 13 5ee. cel No. Type Quantity Total Unit 14. • Wt/Vol FACILITY MAILS TO DESTINATION STATE 15. Special Handling Instructions and Additional Information 16. GENERATOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name and are classified, packad, marked, and laboled, and are in all respecta in proper condition for transport by highway according to applicable International and national govermant rogulations. and that I have salectod the practicable mothod of treatment, storage, or disposal currantly available to me which minimizes the present and future threat to human health and the environ If1 am a large quantity gonorator, I certify that I have a program in placo to reduce the volume and toxicity of waste generated to the degroe; have determined to bo economically practicoble mert; OR, iff am & small quartity generater, hers made a good faith affort to minimize my waste generation and select the best waste management mathod that is avoilable to me and that t Date Printed/Typed Name Signature Month , Day Year 17. Transporter 1 Acknowledgement of Roceipt of Materials Date Printed/Typed Nama Signature Month Day Year 18. Transportor 2 Acknowledgement of Receipt of Materials Date Printed/Typed Name Signature Month LILL Day: Year F 19. Discrepancy Indication Space 20. Facility Owner or Operator: Certification of receipt of hazardous materials covered by this manifest excopt as noted in Item 19. •Printed/Typed Name Signature Month Date Day Year CASTLTTU MATUS TA NESTTMATIAN STATE _ .#