{"operation":"document","citation":"07-0042","title":"Veolia Environmental Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-03","effective_on":null,"summary":"07-0042 response to Veolia Environmental Services concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0042","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070042.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nAPR\n3\nJennifer Eberle\nRef. No.:07-0042\nManager, Transportation Compliance\n1 Eden Lane\nVeolia Environmental Services\nFlanders, NJ 07836\nDear Ms. Eberle:\nThis is in response to your letter dated February 13, 2007, concerning requirements in the\nappropriate reportable quantity for a hazardous waste. Specifically, you provide six\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for determining the\nscenarios that differ based on the amount of constituent and concentration information\nknown on specific waste streams. You ask if the approach you use to determine the\nreportable quantity in each scenario is correct.\nThe scenarios and approaches you provide in your letter are paraphrased as follows:\n1. The constituents are known as are their concentrations - use the weight of the\nconstituents in order to determine the reportable quantity.\n2. The constituents are known but their concentrations are unknown - use the net\nweight of the package as the weight of each constituent in order to determine the\nreportable quantity.\n3. The constituents are unknown but concentrations are known - use the net weight of\nthe waste code in order to determine the reportable quantity.\n4. The constituents are unknown as are their concentrations - use the net weight of the\npackage as the weight of the appropriate waste code in order to determine the\nreportable quantity.\n5.\nThe constituents are known as is a range of concentrations - use the weight of each\nconstituent at its highest concentration in order to determine the reportable quantity.\n6. The constituents are known as are their concentrations, but some are not listed in\nconstituents listed in the Hazardous Substance Table and the net weight of the\nthe Hazardous Substance Table (§ 172.101 Appendix A) - use the weight of the\npackage as the weight of the appropriate waste code in order to determine the\nreportable quantity.\n172.101 App. A\n171.8\n070042\n\n<<<PAGE 2>>>\n\nIn scenarios 1-5 the approaches you use to determine the reportable quantity for the waste\nstreams are correct.\nIn scenario 6 the approach you use is not correct. Basically, your approach is more\nconcentrations you can determine the reportable quantity based on the weight of the\nrestrictive than what is required by the HMR. Since you know the constituents and their\nconstituents. You are not required to apply the net weight of the package to the waste code\nwhen you know the constituents and their concentrations.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n• VEOLIA\nSupko\nENVIRONMENTAL SERVICES\nFebruary 13, 2007\n5171.8\n$172.101\nMr. Edward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nHazardous Substance\nUSDOT/PHMSA (PHH-10)\n07-0042\nWashington D.C. 20590-0001\n400 7th Street, SW\nDear Mr. Mazzullo,\nBased on a recent interpretation letter issued by your office on January 12, 2006 (Ref. No.:\nequesting further clarification of the requirements in the Hazardous Materials Regulations\n)3-0037) in addition to many past interpretation letters of the same subject, Veolia is\n(HMR: 49 CFR Parts 171-180) for determining if a waste stream contains a hazardous\nsubstance, as defined in §171.8.\nThere are several scenarios under common waste disposal practices that require the\netermination of an RQ for a wastestream. Please provide comments on the example\nelow related to applying the proper methods for determining the reportable quantity of\nwastestream in these various scenarios.\nConstituents = Known / Concentrations = Known\nEXAMPLE 1\nacetone (RQ = 5000 pounds) and 10% water and is assigned a waste code of F003.\n55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 90%\ntheir respective concentrations are known, the RQ for each individual constituent should be\nTo determine the RQ for a hazardous waste for which all the hazardous constituents and\nevaluated to determine if an RO has been met.\nIn this example, the RQ would be determined by evaluating the total weight of each\nontained within the solution is less than 5000 pounds therefore no RQ would apply to thi\nazardous constituent in the solution (acetone = 360 pounds). The amount of aceton\ncontainer.\nThe RQ for F003 (100 pounds) would not be assigned since hazardous constituent is\nspecifically listed in §172.101 appendix A.\nConstituents = Known / Concentrations = Unknown\nEXAMPLE 2\nacetone (RQ = 5000 pounds) and water and is assigned a waste code of F003. The\n55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of\nconcentration of acetone is not known.\nrespective concentrations are unknown, the RQ for each individual constituent should be\nTo determine the RQ for a hazardous waste for which the constituents are known, but their\nconsidered to determine if the package contains an RQ.\n1 Eden Lane\nVeolia ES Technical Solutions, L.L.C.\njennifer.eberle@veoliaes.com\nFlanders, NJ 07836\n(973) 448-4209\n\n<<<PAGE 4>>>\n\nO VEOLIA\nENVIRONMENTAL SERVICES\npresent in the solution at 100% (acetone = 400 pounds). The amount of acetone contained\nIn this example, the RQ would be determined by assuming each hazardous constituent to be\nwithin the solution is less than 5000 pounds therefore no RQ would apply to this container.\n§172.101 appendix A, the RQ for F003 which is 100 pounds would not be considered.\nIn addition, since all the hazardous constituents are known and specifically listed in\nEXAMPLE 3\nConstituents = Unknown / Concentrations = Known\n55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 10%\nwater and 90% D001 unlisted waste stream (RQ = 100 pounds).\nconcentration is known, the RQ for the waste code (D001) should be evaluated to determine\nTo determine the RQ for a hazardous waste for which the constituents are unknown, but the\nif an RQ has been met.\ncode assigned to the solution (D001 = 400 pounds). The amount of D001 waste material\nIn this example, the RQ would be determined by evaluating the total weight of each waste\ncontained within the solution is greater than the RQ threshold of 100 pounds therefore this\ncontainer would be assigned with RQ (D001).\nEXAMPLE 4\nConstituents = Unknown / Concentrations = Unknown\n55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of\nwater and a D001 unlisted waste stream (RQ = 100 pounds).\nare both unknown, the RQ for the waste code (D001) should be evaluated to determine if an\nTo determine the RQ for a hazardous waste for which the constituents and concentrations\nRQ has been met.\nIn this example, the RQ would be determined by evaluating the weight of the entire\nthe solution is greater than the RQ threshold of 100 pounds therefore this container would\nwastestream (D001 = 400 pounds). The amount of D001 waste material contained within\nbe assigned with RQ (D001).\nEXAMPLE 5\n55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 80-\nConstituents = Known / Concentrations = Specified Range\n90% acetone (RQ = 5000 pounds) and 10-20% water and is assigned a waste code of F003.\nrespective concentrations are known to be within a specified range, the RQ for each\nTo determine the RQ for a hazardous waste for which the constituents are known and their\nindividual constituent should be evaluated to determine if an RO has been met.\nIn this example, the RQ would be determined by evaluating the weight of each constituent\nat its highest concentration amount within the wastestream (acetone 90% = 360 pounds,\nthe 5000 pound threshold therefore no RQ would apply to this container.\nwater 10% = 40 pounds). The amount of acetone contained within the solution is less than\nspecifically listed in §172.101 appendix A.\nThe RQ for F003 (100 pounds) would not be assigned since hazardous constituent is\n1 Eden Lane\nVeolia ES Technical Solutions, L.L.C.\nFlanders, NJ 07836\n(973) 448-4209\njennifer.eberle@veoliaes.com\n\n<<<PAGE 5>>>\n\n• VEOLIA\nENVIRONMENTAL SERVICES\nConstituents = Known / Concentrations = Known / Listed and Unlisted Materials\nEXAMPLE 6\nacetone, 30% ethanol and 10% water and is assigned a waste code of D001 (RQ = 100\n55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 60%\npounds).\nTo determine the RQ for a hazardous waste for which all the hazardous constituents and\ntheir respective concentrations are known, the RQ for each individual constituent should be\nevaluated to determine if an RQ has been met.\nIn this example, the RQ would be determined by evaluating the total weight of each\nJounds). The amount of acetone contained within the solution is less than the 5000 pound\nlazardous constituent in the solution (acetone 60% = 240 pounds, ethanol 10% = 4(\npounds therefore this container would be assigned with RQ (D001).\nD001 waste material contained within the solution is greater than the RQ threshold of 100\nYour written response to these examples is greatly appreciated. If you require any further\ninformation regarding this letter please contact me at 973-448-4209 or\njennifer.eberle@veoliaes.com.\nThank you,\nJennifer Eberle\nManager, Transportation Compliance\n1 Eden Lane\nVeolia ES Technical Solutions, L.L.C.\njennifer.eberle@veoliaes.com\nFlanders, NJ 07836\n(973) 448-4209","truncated":false,"body_characters":9407}