Clean Harbors EnvironmentalServices, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and MAR Administration Hazardous Materiais Safety 9 2005 Ms. Susan J. Sevy Ref. No. 03-0263 Clean Harbors Environmental Transportation Compliance Manager Services, Inc. 2930 Independence Road Cleveland, Ohio 44115 Dear Ms. Sevy: This responds to your letter requesting clarification of the segregation recuirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the segregation requirements of § 177.848 apply to separate transport vehicles parked at a 10-day temporary storage facility. The storage is incidental to transport. I apologize for the delay in responding. We understand your question to relate to "packages which require labels" as specified in § 177.848 (a) (1). 177.848 (e) (2), packages that contain incompatible As explained hazardous materials ("X" in the segregation table) may not be loaded, transported, or vehicle or storage facility during the course of stored together in the same transport transportation. However, when the packages containing incompatible materials are in separate transport vehicles, facility during the course of transportation. those transport vehicles may be stored in the same storage In the latter scenario, the "packages" are not being "stored together" for purposes of the segregation requirements in § 177.848: I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Edward I. Mazzullo Director Office of Hazardous Materials Standards HIH HIN 177.848 030263#

Page 2Oct-18-2003 02:42am From-CLEAN HARBORS +2164292713 T-665 P. 002/003 F-976 CleanHarbors Stevens ENVIRONMENTAL SERVICES, INC. $117.848 October 17, 2003 Highway US DOT/ RSPA 03-0263 InfoCenter Washington, DC (202) 366-3012 Dear Sir or Madam: Clean Harbors Environmental Service, Inc. (CHESI) is in the process of obtaining a permit to operate a 10 Day transfer (storage incidental to transport) facility in the State of Connecticut. The State of Connecricut is imposing the following interpretation of segregation regulations (49 CFR 177.848) for the 10 Day transter facility: If a trailer is staged in the permitted 10 day transfer facility that contains a Class 6.1 PGT transfer facility) raay NOT contain any material that is not compatible with the Class 6.1 A matenal, additional trailers staged on the same contiguous property permitted 10 day PGI A material. transfer area in which incompatible materials may not be staged on different transport The State of Connecticut is applying the segregation rule to the whole permitted 10 day vehicles within the permitted 10 day transfer area CHESI has engaged in discussion of the regulation 49 CFR 177.848 with the State of materials in transport (public highway) is applicable to those materials that are being Connecticut. CHESI presented to the State of Connecticut that the segregation of loaded onto and transported in ONE transport vehicle; and, that as long as each separate ransport vehicle is in compliance of 49 CFR 177.848, those vehicles may be parked/staged on contiguous property that is permitred as 10 day transfer facility. The State of Connecticut is willing to accept the interpretation as long as Clean Harbors Environmental Services, Inc. can supply in writing to the State of Connecticut, a letter from the United States Department of Transportation indicating that CHEST's interpretation of 49 CFR 177.848 is correct and is in accordance with the 49 CFR regulations. application and interpretation of the regulation of 49 CFR 177.848. CHESI is requesting Clean Harbors Environmental Services, Inc. is requesting a letter that clearly states the this response no later than October 22, 2003.#

Page 3Oct-18-2003 02:42 am From-CLEAN HARBORS +2164292713 T-665 P. 003/003 F-976 CleanHarbors® ENVIRONMENTAL SERVICES, INC. CHESI page 2, 10/17/03 Fax Number (21) 429-2713 Address: Clean Harbors Environinental Services, Inc. 2930 Independence Road Cleveland, Ohio 44115 Should you require additional information or have any concerns, please contact me at (800) 368-4244, extension 204. susan, ey Susan J. Sevy Transportation Compliance Manager#