Arkansas Department of Environmental Quality — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration MAR 27 2006 Mr. Robert Hunter Ref. No. 05-0196 8001 National Drive Arkarsas Department of Environmental Quality P.O. Box 8913 Little Rock, AR 72219-8913 Dear Mr. Hunter: This responds to your request for clarification of the Hazardous Materials Regulations (49 CFR; HMR Parts 171-180) and its applicability to the transportation of equipment that contains mercury. You state that the Environmental Protection Agency (EPA) added mercury-containing equipment to its list of universal wastes, as regulated under the Resource Conservation and Recovery Act (RCRA). You ask how this effects a commercial motor carrier transporting electronic waste and whether the equipment may be placed on pallets and surrounded with stretch wrap. A material is subject to the HMR if it meets the definition under the HMR of a hazardous waste, a hazardous substance, a marine pollutant, or any hazard class. A hazardous waste, as defined in § 171.8 for the purposes of transportation, is a material that is subject to the Uniform Hazardous Waste Manifest (UHWM) requirements of the Environmental Protection Agency (EPA), as specified in 40 CFR Part 262. Therefore, if a material is subject to the UHWM requirements, the material will, at a minimum, meet the definition of a hazardous waste under the HMR. As indicated by the letter "A" in Column (1) of the § 172.101 Hazardous Materials Table, "Mercury contained in manufactured articles" is subject to the HMR when transported by hazardous substance (see definition in § 171.8) if the amount of mercury contained in one aircraft. When being transported by other modes of transportation, it is regulated as a package is one pound or more. The packaging requirements and exceptions for mercury contained in manufactured articles are specified in § 173.164. Provided the packaging requirements are met in § 173.164, and in § 173.27 for transportation by aircraft, the 173.164 050196#

Page 2packages may be overpacked on pallets with stretch wrap. The required HMR markings and labels must either be visible through the stretch wrap or be visibly displayed on the stretch wrap. I hope this information is helpful. Please contact this office should you have additional questions. incerely, Hotle Z. Michel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Message Ul Jatyre Page lof • 1 0 6a Edmonson, Eileen <PHMSA> mercury From: Hunter, Robert [HUNTER@adeq.state.ar.us] Sent: Monday, August 08, 2005 12:07 PM 05-0196 To: Edmonson, Eileen <PHMSA> Subject: RE: EPA Article: ELECTRONICS REUSE AND RECYCLING Eileen, Thank you for the information. I received a call from someone in your office last week after you sent me the 0041 appeared on the letter. The city had some questions concerning transporting materials under HMR. nformation and he directed me to a letter dated 10/18/2000-171.1 to the City of Houston, Texas. The Reference No. 01)- I understand the language and the rules as they apply. A municipality operating their own trucks does not fall under required. HMR. But if that municipality uses a commercial trucking firn the firm doe sfall under HMR and the packaging would be Hazardous Waste Program; Mercury Containing Equipment On Friday, August 5th a new rule came down from EPA. Hazardous Waste Management System; Modification of the SUMMARY: Today's final rule adds mercury-containing equipment to the federal list of universal wastes regulated under the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Handlers of universal wastes are subject to less stringent standards for storing, transporting, and collecting these wastes. EPA has concluded that regulating spent mercury-containing equipment as a universal waste will lead to better management of this equipment and will fac litate compliance with hazardous waste requirements. DATES: This final rule is effective on August 5, 2005. 'What effect will this have on transporting Electronic waste? Can Electronic waste be placed on pallets, stretch wrapped Governor. We are trying to make it as painless as possible for the collection and transporting of this enormous amount of anc: labeled properly for shipping if a community contracts with a commercial hauler? I am working on this project for our waste tat not only is Arkansas dealing with but all states. Thank you and I looking forward to your response. Robert Hunter Arkansas Department of Environmental Quality Recycling/Marketing Branch Manager P.O. Bcx 8913 8001 National Drive 501-682-0814 Little Rock, AR 72219-8913 Fax 501-682-0568 ----Original Message----- 18/08/2005#

Page 4Message Page 2 of 2 From: eileen.edmonson@dot.gov [mailto:eileen.edmonson@dot.gov] Sent: Monday, August 01, 2005 2:33 PM Subject: EPA Article: ELECTRONICS REUSE AND RECYCLING To: Hunter, Robert Here's the link we discussed: http://www.epa.gov/wastewise/pubs/wwupda14.txt Sincerely, Eileen Edmonson Transportation Regulations Specialist Office of Hazardous Materials Standards 018/08/2005#