Grammar industries — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration APR 19 2004 Charles L. Whittington President Ref No. 04-0061 Grammar Industries 18375 East 345 South Grammar, IN 47236 Dear Mr. Whittington: This responds to your February 20, 2004 email to Mr. Danny Shelton of the Federal Motor Carrier Safety Administration and subsequent telephone conversation with a member of my staff, (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Your questions are paraphrased lenn t'oster, requesting clarification of the requirements in the Hazardous Materials Regulations and answered below. Q1. Is the person performing the function of an offerer responsible for providing the description of a hazardous material on the shipping paper as required by the HMR? A1. Yes. As required in § 172.200, each person who offers a hazardous material for transportation must describe the hazardous material on the shipping paper in the manner required by Subpart C of the HMR. Q2. Is the Shipper's Certification statement required on the shipping paper accompanying a cargo tank transporting hazardous waste? A2. Yes. As required in § 172.204, each person who offers a hazardous material for transportation shall certify that the material is offered for transportation in accordance with Subchapter C of the HMR by printing on the shipping paper containing the required shipping description the certification contained in § 172.204(a)(1) or the certification (declaration) containing the language in § 172.204(a) (2). Q3. Is the Environmental Protection Agency (EPA) Form 8700-22, Uniform Hazardous Waste Manifest an appropriate shipping paper as required by the HMR? A3. Yes. As defined in § 171.8, a shipping paper means a shipping order, bill of lading, manifest, or other shipping document serving a similar purpose and containing the information required by §§ 172.202, 172.203 and 172.204 of the HMR. In addition, as containing all of the information required by Subpart C of the HMR, may be used as the provided in § 172.205(h), a hazardous waste manifest required by 40 CFR part 262. shipping paper required by this subpart. 040061 $172.200#

Page 2Q4. Does the Generator' Certification of the Uniform Hazardous Waste Manifest meet the shipper's certification requirements of the HMR? A4. The Generator's Certification on a Uniform Hazardous Waste Manifest does not conform it is the opinion of this Office that the EPA's current Generator's Certification statement in all respects to the shipper certification statements required under the HMR. However, may be used in place of the shipper certification when transporting hazardous waste, Q5. Is a generator responsible for the preparation of the Uniform Hazardous Waste Manifest, including the commodity description and certification? A5. As required by § 172.205(b), the shipper (generator) must prepare the manifest in accordance with 40 CFR part 262. Q6. What are the fines or consequences imposed on a shipper that violates the HMR? A6. The compliance orders and civil penalties are found under Subpart D of the HMR. I hope this information is helpful. Sincerely,#

Page 3• Gorsky, Susan Sent: From: Shelton, Danny <FMCSA› To: Friday, February 20, 2004 2:58 PN Foster Subject: FW: Gorsky, Susan • §172.200 ›hippin 9 Laper winmail.dat Thanks As we discussed. Seems to me like pretty simple questions to me. -----Original Message- To: Shelton, 2:41 PM subject: Mx. Danny Shelton Hazardous Materials Specialists United States Department of Transportation Federal Motor Carrier Safety Administration Washington DC 20591 Dear Mr. Shelton: Please consider this letter as a request for interpretation with respect specified regulations contained in the "Hazardous Materials Regulations" (HMR) esearch & Special Programs Administration and the Federal Motor Carrie: promulgated by the US DOT and enforced by both the Department'; Safety Administration. Grammer Industries Inc. and Vickery Transportation (a sister company) hazardous and non-hazardous materials in cargo tank motor interstate motor carriers specializing in the transportation of both USDOT carriers. Grammer Industries' Motor Carrier Identification Number is 184668 and Vickery Transportation is USDOT 978059. certain elements of the regulations in question, followed by Grammer's Below, I will list compliance. Please inform us if Vickery's assumptions with respect to the responsibility for not, oux assumptions are correct; or, if why not and what regulations should we reference. This request centers on 49 CFR 172.200, 172.204 (b) and 172.205. With regard to 172.200 -- Grammer and Vickery assumes that, with respect to person the "description of hazardous materials" (on shipping papers), the performing the function of "offerer" is responsible for compliance. With regard to 172.204 (b)\ -- Grammer and Vickery assumes that shippin papers determined and described on the shipping papers by the offerer), must accompanying a cargo tank, laden with a hazardous waste (a: contain the "shippers certification" as mandated by 49 CFR 172.204 (a).#

Page 4With regard to 172.205 - - Grammer and Vickery assumes the following: 1. That the so-called "Uniform Hazardous Waste Manifest" (EPA regulations; and, 8700-22) is an appropriate "shipping paper" as required by DOI 8700-22) meets The "Generator's Certification" (item #16 on EPA Form the "shippers certification" requirements at 172.204 (b), and, responsibility 3. 40 CFR 262.20 (referenced within 172.205) places the description for proper preparation of the manifest (including commodity and certification) on the "generator" (acting in its transportation) . capacity as one who "offers" hazardous waste for need I have attached 3 specific movements that have caused concern. If you clarification please call or email me. One additional question would be what are the fines or consequences on a shipper that violates the regulations. expedited Mr. Shelton, reply thank you for your consideration in this matter, would be appreciated. Please respond that you have and an received this email. Very truly yours President Charles L. Whittington 1-800-333-7410 ox gxammer@iquest.net of Grammer Industries#