The Dow Company — Hazardous Materials Safety Interpretation

Page 1JAN 17 2006 Mr. Phil Stewart Ref. No. 05-0298 The Dow Company 1424 Vidal Street Sarina, ON N7T 8C6 Dear Mr. Stewart, This is in response to your letter dated November 20, 2005, concerning the transportation of a waste that does not meet the definition of hazardous waste, but may meet the definition of a hazardous material in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the material described above is subject to the HMR, including the shipping paper requirements in Part 172, Subpart C, if your company transports it across public roads. For the purposes of the HMR a "hazardous waste" is any material subject to the Hazardous Waste Manifesting Requirements of the U.S. Environmental Protection Agency specified in 40 CFR Part 262 (§ 171.8). Therefore, a material is not considered to be a hazardous waste if it is not required to be manifested as a hazardous waste under 40 CFR Part 262. However, the shipper is required to determine if the material meets the definition of a hazardous material provided in § 171.8 (Shipper's Responsibility; see § 173.22). The definition of a hazardous material is not limited to hazardous wastes, it also includes: 5. Materials that meet the defining criteria for hazard classes and divisions 171.11 172.205 050298#

Page 2contact this office. Sincerely,#

Page 305-0298 Email: pjstewart@dow.com Name: Phil Stewart Category: Other questions? Organization: The Dow Chemical Company Street: 1425 Vidal St. S City: Sarnia Zip Code: N7T 8C6 Country: ON Phone: 519 339 5047 Fax: 519 339 3912 Comments: Part 172.205 - Hazardous Waste Manifest The regulation incidates that a waste manifest is required if hazardous waste is transported "in commerce." It is my understanding that if a hazardous waste truck travels along or transverses across a public highway, the DOT HMR apply i.e. specification packaging, placarding and the issuance of a waste manifest. However, under 40CFR 262.20 (f), 262.32 (b) - Waste Manifest, "The requirement states that this subpart does not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of- way" gece one of ur station are era sype prehe particlazy portals rente vs. question of issuing a waste manifest? 2) Would DOT shipping papers other than waste manifest 1#