Waste Technology Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W Pipeline and Administration Hazardous Materials Safety JUN 2 3 2006 Ted L. Nebrich, Jr., CHMM, QEP, REM Technical Director Reference No. 06-0115 435 North 2ºd Street Waste Technology Services, Inc. Lewiston, NY 14092 Dear Mr. Nebrich: This is in response to your March 31, 2006 letter asking us to clarify what is meant by "in direct support of a principal business" under the Materials of Trade (MOTs) exceptions prescribed in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you state your company transports environmental samples for your and/or treatability studies, or to one location for consolidation and packaging, and you customers to a laboratory, a treatment storage and disposal facility (TSDF) for analysis often perform these tasks as a convenience for your clients. than a hazardous waste, transported by a private motor carrier in direct support of a Under the HMR, one of the defining conditions for MOTs is a hazardous material, other principal business that is other than transportation by motor vehicle. If a business uses its own vehicles and drivers to transport goods to and from customer locations, then the MOTs exception in § 173.6 may be utilized. Since your principal business is not transportation, you may utilize the MOTs exception to transport environmental samples. locations, the MOTs exception does not apply. Note, however, that if you hire a motor carrier to transport goods to and from customer I hope this information is ielpful. Sincerely, Holle I mithell Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 173.6 060115#

Page 2Edmonson wIs $171.8 WASTE TECHNOLOGY SERVICES INC. 8173.6 Definitions/ MOl March 31, 2006 06-0115 Ms. Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention Pipeline and Hazardous Materials Safety Administration 400 Seventh Street, SW Washington, DC 20590 Dear Ms. Mitchell: First, I would like to thank you for your timely response to my Materials of Trade exceptions question (enclosed with your response). I would like to follow up these correspondences with a request for a further clarification of one of the points in the Materials of Trade exclusion. Specifically, 49 CFR 171.8, definition of Materials of Trade (3) "...in direct support of a principal business... " As I mentioned in my previous letter, we as environmental consultants, for time to time need to transport said samples to a laboratory or a TSDF for analysis and/or treatability studies. Sometimes even back to a point of consolidation for further packaging and shipment to a laboratory or TSDF. It not it is a convenience for our clients. may not be a necessity (sometimes it can be to retain the business) but more often than Therefore, under these circumstances would these samples be transported "...in direct Materials of Trade?" support of a principle business" and thus satisfying one criteria of the definition of If you have any further questions, please do not hesitate to contact me. Very truly yours, WASTE TECHNOLOGY SERVICES, INC. T.L. Nebrich, Jr., CHMM, QEP, REM Technical Director Corporate Offiden&B5sNørth 2nd Street, Lewiston, NY 14092 TLN/tIn Telephone: 716-751-5400 • Fax: 716-754-8001 2025 E. Main Street, Suite 101 • Richmond, VA 23223 • Telephone (804) 649-0700 • Fax (804) 649-2360 5 Forest Park Drive • Farmington, CT 06032 • Telephone (860) 677-1146 • Fax (860) 677-4979 7 Willowdale Court • Amesbury, MA 01913 • Telephone (978) 388-7877 • Fax (978) 388-8688 www.wtsonline.com#