{"operation":"document","citation":"03-0242","title":"Morris County Municipal Utilities Authority — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-12-03","effective_on":null,"summary":"03-0242 response to Morris County Municipal Utilities Authority concerning 172.800.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0242.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0242.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0242","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030242.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministratior\nspecial Program:\nDEC 3 - 2003\nMs. Laura MacPherson\nHazardous Waste Coordinator\nReference No.: 03-0242\nMorris County Municipal Utilities Authority\nP. O. Box 370\nMendham, NJ 07945-0370\nDear Ms. MacPherson:\nThis responds to your letter concerning the applicability of the new hazardous materials\ntransportation security requirements adopted in a final rule issued under RSPA Docket (HM-\n232). Your letter states that the Morris County Municipal Utilities Authority (MCMUA) accepts\nand stores for up to 90 days household hazardous waste and Conditionally Excepted Small\nthe wastes meet the definition of a flammable liquid in § 173.120 of the Hazardous Materials\nQuantities Generator (CESQG) waste. In subsequent conversations with my staff, you stated that\nRegulations (HIMIR; 49 CFR Parts 171-180), and are transported in quantities that require\nplacarding of the transport vehicle. A contractor sorts and packages the waste, labels the\nhowever, an employee of MCMUA signs the manifest.\ncontainers, prepares the manifest, and ultimately, transports the waste to its own disposal facility;\nYour questions are paraphrased and answered as follows:\nQ1. Is MCMUA subject to the registration requirements under 49 CFR 107.606?\nfrom the registration and fee requirements.\nAl. The answer is no. Section 107.606 excepts an agency of a political subdivision of a State\nQ2. Must MCMUA develop and implement a security plan as an offeror of hazardous materials?\nA2. The answer is yes. Each person, including a government agency or Indian tribe, who offers\nfor transportation in commerce or transports in commerce one or more of the materials listed in\n$172.800(b)(1) through (7) must develop and adhere to a security plan for hazardous materials\nthat conforms to the requirements in Subpart I of Part 172. When the offeror functions are\nperformed by two or more entities, as in your case, the offerors may prepare a joint plan. Also in\nnecessary to enable offerors and carriers to determine the best methods for addressing en route\nsome cases, an offeror and a carrier may have a joint plan. The HMR provide the flexibility\nsecurity issues.\n172.800\n030242\n\n<<<PAGE 2>>>\n\nQ3. Must MCMUA provide security training to its hazmat employees?\nA3. The answer is yes. Each hazmat employee as defined in § 171.8 must, at a minimum,\neceive training that provides an awareness of security risks associated with hazardous material\nransportation and methods designed to enhance transportation security. Additionally, each\nhazmat employee of a person required to have a security plan must be trained concerning the\nsecurity plan and its implementation.\nI trust this satisfies your inquiry.\nSincerely,\nHatte z Mittell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMORRIS COUNTY\nmuc\nCorbin\nMUNICIPAL UTILITIES AUTHORITY\n3172 .800\nSecurity Plans\nSeptember 17, 2003\n03-0242\nMr. Edward Mazzulo\nDirector, Office of Hazardous Materials Standards\nResearch and Special Programs Administration\nDHM-10\nU.S. Department of Transportation\n400 Seventh Street S.W.\nWashington, D.C. 20590-0001\nRe: Applicability of New Subparts I and H in 49 CFR Part 172 to a\nHousehold Hazardous Waste and CESQG Waste Facility\nLocated at a County Solid Waste Transfer Station\nDear Mr. Mazzulo:\nOp March 25, 2003, RSPA issued HM-232 Hazardous Materials: Security Requirements for\nOfferors and Transporters of Hazardous Materials as a final rule. This rule created the new\nSubpart H of. Part 172.\nSubpart Lin- 49 CFRPart 172 and revised the hazardous materials training requirements in\n*The Morris County Municipal Utilities Authority (MCMUA) would like clarification of the\napplicability of these new and revised regulations to its operation of a permanent household\nhazardous waste facility (HHW Facility) which it owns outright and operates along with a\nhazardous waste vendor (Onyx Environmental Services, LLC, of One Eden Lane, Flanders;\npaperwork, including manifests, and transport the waste to its TSDF in Flanders. The MCMUA\nis billed for these labor, transportation and disposal services on a per diem, per pound basis.\n..By way of background information, HHW and conditionally-exempt small quantity generator\n(CESOG) waste is accepted at the MCMUA's HHW Facility, which is located on the site of its\nMount Oliva Transfer Station, 168 Gold Mine.Road, Flanders, New Jersey. The HHW Facility is\nOlive Transfer Station operates as a fully permitted and licensed solid waste facility and\nopen only by appointment on certain Tuesday, Friday and Saturday mornings, while the Mount\noperates six days a week.\nCESQG waste and out-of-county residential HHW is accepted at the HHW Facility (with pre-\nauthorization) for a small handling fee ($1.25 per pound). In-county residents are not charged a\nP.O. Box 370- Mendham, X. 07946-05%0 pated it 30 sia F. F.(g24), sis Township N. 079mu2.com - Website: www.momua.com\n* Printed on recycied paper, naturaly!\n\n<<<PAGE 4>>>\n\nDirector, Office of Hazardous Materials Standards\nMr. Edward Mazzulo\nU.S. Department of Transportation\nResearch and Special Programs Administration\nSEPTEMBER 17, 2003\nPAGE 2 OF 6\nfee to dispose of most HHW. All waste (including HHW) that exhibits a hazard characteristic is\npackaged according to its USDOT hazard class.\nThe MCMUA may store HHW and CESQG\nwaste on-Site for up to ninety (90) days, after which time it is properly labeled, paperwork is\nown TSDF.\nfilled out (manifests) and the waste is shipped off-site by Onyx Environmental Services to its\nAlthough the MCMUA realizes that the waste it receives is not required to be manifested and\ntransported by a hazardous waste transporter, for reasons that are explained below, it prefers to\nwere fully classified as RCRA hazardous wastes. Additionally, while the MCMUA chooses to\nship all hand CES wastes according to their respective DOT hazard classes, as if they\nship the HHW and CESQG waste according to their respective DOT hazard classes, and the\nHHW Facility chooses to manage all wastes exhibiting a hazard characteristic as though they\nwere RCRA hazardous wastes, which includes manifesting and placarding requirements, it is\nnot required to do so.\nshould not be subject to DOT regulations, regardless of the USEPA manifest exemption.\nThus, because the wastes do not meet any DOT criteria, the waste\nBy way of background information on RCRA hazardous waste as it pertains to HHW and\nCESQG waste, household waste, including HHW, is exempt from federal hazardous waste\nhazardous waste (see 40 CFR 261.4(b)(1)). Programs that collect HHW do not need a Subtitle\nregulations under RCRA Subtitle C. Therefore, HHW is not regulated under RCRA as a\nhazardous waste transportation regulations. No quantity of HHW nor length of time of\nC permit or EPA identification number, and HHW can be transported without following\naccumulation triggers the Subtitle C requirements.\nThe household waste exemption applies to HHW through its entire management cycle. The\nconsolidated with other household waste.\nwaste collected through an HHW collection program does not lose its exemption by being\nrequirements.\nLike HHW, CESQG waste is exempt from most of the federal hazardous waste\nNo Subtitle C permit nor EPA identification number is needed, and CESQG\nrequirements.\nwaste can be transported without following the federal hazardous waste transportation\n1,000 kilograms (about 2,200 pounds) of hazardous waste at their facility at one time, and they\nIn general, CESQGs must comply with two requirements. They do not store more than\nsend their hazardous waste to a recycling facility, a hazardous waste facility, or a facility\npermitted, licensed or registered by the state to manage municipal or industrial solid waste.\nThese CEsQGs may send their hazardous waste to HHW collection programs that are state-\npermitted, licensed or registered to manage municipal or industrial solid waste. Because\nCESQG waste is conditionally-exempt throughout its management cycle, collection programs\n* Printed on recycled paper\n\n<<<PAGE 5>>>\n\nMr. Edward Mazzulo\nResearch and Special Programs Administration\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nPAGE 3 OF 6\nSEPTEMBER 17, 2003\nsubject to requirements imposed by states through their municipal or industrial waste permit,\nmanaging CESQG waste are not covered by the federal hazardous waste regulations, but are\nlicense or registration programs.\nAlthough HHW and CESQG waste are exempt from most federal hazardous waste\nrequirements, the EPA recommends that sponsors of HHW collection programs manage the\nlicensed hazardous waste facility.\ncollected waste as Subtitle C hazardous waste - that is, it should be managed at a recycling or\nThe EPA also recommends that HHW collection programs use licensed hazardous waste\ntransporters who will properly identify, label, manifest and transport the collected wastes for\nsubcontract the operation of its HHW Facility to a private vendor (currently, Onyx Environmental\nrecycling, treatment or disposal. Because of these recommendations, the MCMUA decided to\nServices, LLC), in order to permit them to properly categorize and ship the waste.\nMy three questions to you are as follows:\nthe fact that it manifests much of the HHW and CESQG waste that it accepts at its HHW\n1. Is the MCMUA is required to register as an \"offeror\" of hazardous materials due to\nFacility?\nThe USDOT regulations state:\ntransport hazardous wastes in the quantities that require registration. All hazardous wastes\nHazardous waste generators are subject to the registration requirement if they offer or\nsubject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection\nAgency are hazardous materials. In July 2000 the number of hazardous waste generators\nregistration of all persons who offer or transport a quantity of hazardous materials that requires\nrequired to register significantly increased when the regulations were revised to require\nplacarding (see 49 CFR Part 172, Subpart F, for placarding requirements).\nAny person who performs any of the activities of an offeror, which include signing the\negister. Depending on the type of packaging (container) and the amount of waste bein\nhipping paper (hazardous waste manitest), tor a quantity that requires placarding mus\nremoved at one time, even generators of relatively small quantities of hazardous waste may be\nsubject to the registration requirement.\nother than Division 6.2 or Class 9 materials (which do not require placarding) in bulk\nA hazardous waste generator must register if it: offers or transports any amount of a waste\npackagings (for example, a cargo tank, a tank car, or a bulk transport vehicle); or offers or\nPrinted on recycled paper\n\n<<<PAGE 6>>>\n\nDirector, Office of Hazardous Materials Standards\nMr. Edward Mazzulo\nResearch and Special Programs Administration\nU.S. Department of Transportation\nPAGE 4 OF 6\nSEPTEMBER 17, 2003\nequal to or greater than 3,500 gallons or 468 cubic feet, or offers or transports hazardous waste\ntransports any amount of a Division 6.2 or Class 9 material in bulk packagings with capacities\nin other than bulk packagings (any container with a capacity of less than 119 gallons, for\nexample, a 55 gallon drum) if a single shipment contains 1,000 pounds or more of one or more\nclasses of hazardous waste that require p/acarding. Please note that it is the amount of material\nrequirement for the generator, not the amount of material that is contained in total on the truck\nbeing removed from a site in non-bulk packagings at one time that triggers the registration\npart of which may have been shipped by another hazardous waste generator.\nAccording to 49 CFR 107.606,\n(a) The following are excepted from the requirements of Subpart G (Registration of Persons\nWho Offer or Transport Hazardous Materials):\n(1) An agency of the Federal government.\n(2) A State agency.\n(3) An agency of a political subdivision of a State.\n(4) An employee of any of those agencies in paragraphs (a)(1) through (a)(3) of this\nsection with respect to the employee's official duties.\n(5) A hazmat employee (including, for purposes of this subpart, the owner-operator of a\ntime of those activities is leased to a registered motor carrier under a 30-day or\nmotor vehicle that transports in commerce hazardous materials, if that vehicle at the\nlonger lease as prescribed in 49 CFR Part 376 or an equivalent contractual\nagreement).\nThe Morris County Municipal Utilities Authority should be excepted from the requirements of\nof a political subdivision of a State.\"\nregistering as a hazmat offeror as it is a county agency and, therefore, operates as an \"agency\nthe \"offeror\" of the hazardous materials is the MCMUA's vendor, Onyx Environmental Services,\nAdditionally, because the MCMUA actually performs no \"offeror\" or \"transporter\" functions,\n• packaging, labeling, transporting and recycling and/or disposing of the HHW and CESO\nvith which the MCMUA subcontracts the labor required to operate the HHW Facility, in additio\nwaste.\nLastly, although the MCMUA chooses to manifest the HHW and CESQG waste it receives at\nthe HHW Facility, the wastes are not hazardous materials and are thus exempt under federal\n\"hazardous\" wastes, even though they may exhibit hazard characteristics.\nhazardous waste requirements and USDOT requirements, as they are \"solid\" wastes, not\nPrinted on recycled paper\n\n<<<PAGE 7>>>\n\nMr. Edward Mazzulo\nDirector, Office of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\nSEPTEMBER 17, 2003\nPAGE 5 OF 6\n2. Does the MCMUA need a security plan as an offeror of hazardous materials?\nI understand that the answer to this question is based upon the registration criteria.\na security plan:\n49 CFR Part 172.800 lists the seven types of hazardous materials/shipments that will require\n(1) Highway route-controlled quantity of radioactive material.\n(2) More than 25 kg of Division 1.1, 1.2 or 1.3 explosives.\n(3) More than 1 L of a material poisonous by inhalation in hazard zone A.\n(4) Bulk packaging with a capacity of 13,248 L (3,550 gallons) or greater for liquids or gases,\nor more than 13.24 cubic meters (468 cubic feet) for solids.\n(5) A shipment of 2,268 kg (5,000 lbs.) in non-bulk packaging for which placards are\nrequired\n(6) A select agent or toxin regulated by the Centers for Disease Control and Prevention\nunder 42 CFR Part 73.\n(7) A quantity of hazardous material that requires placarding.\nBecause neither HHW nor CESQG waste shipments from the HHW Facility \"require\"\nplacarding, I believe thai the MCMUA should be exempted from complying with the security\nplan requirements (please be advised that Onyx Environmental Services does have its own\nsecurity plan, as it packages, labels, manifests and transports the waste directly to its own\nTSDF in Flanders, New Jersey).\nIn addition, the actual \"offeror\" and \"transporter\" of the waste is Onyx Environmental\nServices, who does have a security plan.\nhazardous materials?\n3. Does the MCMUA need to provide hazmat security training as an offeror of\n* Printed on recycled paper\n\n<<<PAGE 8>>>\n\nMr. Edward Mazzulo\nResearch and Special Programs Administration\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nSEPTEMBER 17, 2003\nPAGE 6 OF 6\nAnswers to all of the above questions appear to depend upon whether the MCMUA is\naterials that the MCMUA manages at its HHW Facility are deemed hazardous materials solel\nctually an offeror of hazardous materials, which will depend, in turn, upon whether the wast\nbecause they are manifested when shipped off-site, or are exempted from the federal\nwastes (solid, not hazardous, wastes).\nhazardous waste requirements and USDOT regulations because they are HHW and CESGQ\nThank you in advance for your responses to the above questions, as it is the MCMUA's\nintent to be in full compliance with all applicable regulatory requirements at all times.\nRome s\nsee. Pala\nHazardous Waste Coordinator\nLaura M. Macpherson\nPrinted on recycled paper","truncated":false,"body_characters":16170}