# Southworth-Milton, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 01-0196
- **title:** Southworth-Milton, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2001-09-05
- **effective on:** Not available
- **summary:** 01-0196 response to Southworth-Milton, Inc. concerning 172.101.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0196.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0196.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0196
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010196.pdf
**body:**

<<<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 3>>>

Southworth-
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 4>>>

DEPARTMENT 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 _ .
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