IT Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportatior U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration JAN 17 2002 Mr. Lee R. Wilmot Ref. No. 01-0313 Business Line Manager IT Corporation 3 Riverside Drive Andover, MA 01810-1141 Dear Mr. Wilmot: This is in response to your letter dated December 6, 2001, requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to hazardous waste collection centers (HWCC). These centers are established to collect surplus and unused chemicals that are dropped off by citizens, schools, and businesses at a designated site. Your scenarios and questions are paraphrased and answered as follows: Q1 Are private citizens required to follow the HMR when bringing household wastes to the HWCCs for disposal? Al. No. The HMR govern the safe transportation of hazardous materials in commerce as specified in § 171.1. "In commerce" generally means in furtherance of a commercial enterprise. A citizen who transports hazardous materials for private purposes is not subject to the HMR. Q2. Are school employees and community volunteers required to follow the HMR when bringing school wastes to the HWCCs for disposal? A2. No. A public school is considered a government entity, and its transportation thus is not "in commerce." Q3. Are company employees required to follow the HMR when bringing school wastes to the HWCCs for disposal or to the company site for use/reuse? A3. Yes. Company activities are considered to be "in commerce" and thus subject to the HMR. 171.8#

Page 2Q4. Are company wastes transported to the HWCCs subject to the HMR? A4. Company wastes that meet the definition of a specific hazard class or that are listed as a hazardous substance in Appendix A to § 172.101 are subject to the HMR. The type of vehicle (e.g., company-owned, rented, leased) or carrier used does not affect the applicability of the HMR. I hope this satisfies your request. Sincerely, hom Bullio Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 312/10/01 09:22 FAX 978 975 2065 IT CORPORATION @001 BAH IT Corporation 3 Riverside Drive 8171# Tel. 978.682.1980 Andover, MA 01810-1141 Fax. 978.975.2065 the group Applicability A Member of The IT Group 01-0313 Mr. Edward Mazzullo December 6, 2001 Director, Office of Hazardous Materials Standards • US DOT/RSPA (DHM-10) 400 7t Street SW Washington, DC 20590-0001 Re: Applicability of Subchapter C HM Regulations Dear Director Mazzullo: I'm writing after discussing the captioned subject with Cameron in the Hazardous Materials Information Center. The basic issue is whether these regulations apply to the ransport of small quantities of certain hazardous materials to household hazardous waste collection centers. Cameron confirmed that these regulations apply only if the hazardous materials are being transported in commerce. 49 CFR 171.1(a)(1) states in part ".. requirements ... governing - The offering of hazardous materials for transportation and transportation of hazardous materials in interstate, intrastate, ... commerce by ... motor vehicle ..." While some of the transport scenarios were clearly not applicable, some were questionable. Hence, this letter for clarification and interpretation. The basic issue is that of transporting surplus or unused chemicals and janitorial supplies ocal HHWC sites is permitted by not only homeowners, but also local schools, and eve o a locai household hazardous waste collection (HHWC) site. Such transport and use o small quantity hazardous waste generators by state hazardous waste management rules. This concept being the basis of this question, here are the transport scenarios to the local HHWC site to which interpretation of applicability of the HM rules is sought. 1. Houschold "wastes" transported by homeowner in his/her own vehicle. (Rules verbally determined to not apply.) 2. School "wastes" transported by school employee in school vehicle. (Rules verbally determined to not apply.) 3. School "wastes" transported by community volunteer in volunteer's own vehicle. (Rules verbally determined to not apply.) 4. School "wastes" transported by nearby company volunteer in volunteer's own vehicle. -n: (shared/proposa/8289531schools\dotinterpretltr.doc-96\msoffice:/#

Page 412/10/01. 09:22 FAX 978 975 2065 IT CORPORATION 2002 A Member of The IT Group IT Corporation Mr. Edward Mazzullo December 6, 2001 Page 2 5. School "wastes" transported by nearby company volunteer in company vehicle. 6. Company wastes transported by company employee in company vehicle. 7. Company wastes transported by company employee in hired/rented/leased vehicle. 8. Company wastes transported by independent trucking firm. nentoring companies. Further, scenarios 2-5 could be modified to transport the urplus/unused chemicals to a local company for use/reuse in that company's process alternative scenarios as well. Should you have any questions on this request, please call me at 978/682-1980 x 2022. Sincerely, IT CORPORATION Auditent Business Line Manager Lee R. Wilmot lee.wilmot@theitgroup.com -n: lshared\proposa/1828953\schools\dotinterpret/tr.doc-96/msoffice:#