Safety-Kleen Systems, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration OCT 13 2004 Mr. William Eric Mendenhall Ref. No.: 04-0186 Regional Transportation Compliance Manager Safety-Kleen Systems, Inc. P.O. Box 909 Oak Harbor, WA 98277-0909 Dear Mr. Mendenhall: This responds to your letter dated August 5, 2004, regarding whether hazardous waste shipped under the U.S. Environmental Protection Agency's (EPA) Tolling Agreement Manifest Exclusion, and hazardous waste from Conditionally Exempt Small Quantity Generators (CESQGs) meet the definition of a hazardous waste as defined under the Department of Transportation's (DOT) Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Certain materials that meet EPA's definition of hazardous waste are exempt from manifesting under EPA requirements (e.g., universal wastes, or wastes shipped by small quantity generators under a tolling agreement). Under the HMR, a hazardous waste is any material that is subject to the Hazardous Waste Manifest Requirements of the EPA specified in 40 CFR Part 262 (see §171.8). Hazardous wastes that are excepted from manifesting under EPA regulations are not regulated as hazardous wastes under the HMR. Section 172.101(c)(9) of the HMR requires shippers to place the word "waste" in front of the proper shipping name if the material is a waste as defined in § 171.8, and the description of the material does not already include the word "Waste." The HMR do not permit the use of the word "Waste" preceding a proper shipping name if the material does not meet the definition in §171.8 for a hazardous waste. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. plis Office of Hazardous Materials Standards 172 205 040186#

Page 2Engrum §/72.205 safety-kleen. Shipping Papers 04 - 0186 August 5, 2004 Director of Hazardous Materials Standards 400 Seventh Street, S.W. U.S. Department of Transportation/RSPA DHM-10 Washington, D.C. 20590-0001 Re: Letter of Interpretation Request for Hazardous Waste Shipped Under the EPA Tolling Agreement Manifest Exclusion. agreement manifest exclusion, found in 40 CFR Part 262, as well as hazardous waste from Hazardous waste from small quantity generators (SQG's) that is shipped under the tolling conditionally exempt small quantity generators (CESQG's), do not appear to meet the U.S. waste as a material that is subject to the hazardous waste manifest requirements of 40 CFR Part Department of Transportation definition of hazardous waste. 49 CFR 171.8 defines hazardous In addition, 49 CFR 172.205 prohibits hazardous waste from being transported without being accompanied by a hazardous waste manifest. 49 CFR 172.101(c)(9) states that, unless it is already in the shipping name (such as "Hazardous vaste liquid, n.o.s."), the word "Waste" shall appear preceding the proper shipping name of : naterial that meets the definition of a hazardous waste found in 49 CFR 171.8 All of this being said, would it follow that hazardous waste from a conditionally exempt small shipped under the tolling agreement manifest exclusion, does not meet the DOT definition of quantity generator (CESQG), or hazardous waste from a small quantity generator (SQG) that is hazardous waste? agreement manifest exclusion found in 40 CFR Part 262, may the words) "Waste," or When shipping hazardous waste from a CESQG, or a SQG that is shipped under the tolling "Hazardous waste," appear in front of, or as, the shipping name on a bill of lading? Thank you for your response on these issues. Sincerely, William "Eric" Mendenhall Safety-Kleen Systems, Inc. Regional Transportation Compliance Manager PO Box 909 Oak Harbor, WA 98277-0909 Fax- Email- eric.mendenhall@safety-kleen.com (928) 222-2747 PO Box 909 Oak Harbor, WA 98277 (360) 608-3408#