Veolia Environmental Services — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration APR 3 Jennifer Eberle Ref. No.:07-0042 Manager, Transportation Compliance 1 Eden Lane Veolia Environmental Services Flanders, NJ 07836 Dear Ms. Eberle: This is in response to your letter dated February 13, 2007, concerning requirements in the appropriate reportable quantity for a hazardous waste. Specifically, you provide six Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for determining the scenarios that differ based on the amount of constituent and concentration information known on specific waste streams. You ask if the approach you use to determine the reportable quantity in each scenario is correct. The scenarios and approaches you provide in your letter are paraphrased as follows: 1. The constituents are known as are their concentrations - use the weight of the constituents in order to determine the reportable quantity. 2. The constituents are known but their concentrations are unknown - use the net weight of the package as the weight of each constituent in order to determine the reportable quantity. 3. The constituents are unknown but concentrations are known - use the net weight of the waste code in order to determine the reportable quantity. 4. The constituents are unknown as are their concentrations - use the net weight of the package as the weight of the appropriate waste code in order to determine the reportable quantity. 5. The constituents are known as is a range of concentrations - use the weight of each constituent at its highest concentration in order to determine the reportable quantity. 6. The constituents are known as are their concentrations, but some are not listed in constituents listed in the Hazardous Substance Table and the net weight of the the Hazardous Substance Table (§ 172.101 Appendix A) - use the weight of the package as the weight of the appropriate waste code in order to determine the reportable quantity. 172.101 App. A 171.8 070042#

Page 2In scenarios 1-5 the approaches you use to determine the reportable quantity for the waste streams are correct. In scenario 6 the approach you use is not correct. Basically, your approach is more concentrations you can determine the reportable quantity based on the weight of the restrictive than what is required by the HMR. Since you know the constituents and their constituents. You are not required to apply the net weight of the package to the waste code when you know the constituents and their concentrations. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards#

Page 3• VEOLIA Supko ENVIRONMENTAL SERVICES February 13, 2007 5171.8 $172.101 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards Hazardous Substance USDOT/PHMSA (PHH-10) 07-0042 Washington D.C. 20590-0001 400 7th Street, SW Dear Mr. Mazzullo, Based on a recent interpretation letter issued by your office on January 12, 2006 (Ref. No.: equesting further clarification of the requirements in the Hazardous Materials Regulations )3-0037) in addition to many past interpretation letters of the same subject, Veolia is (HMR: 49 CFR Parts 171-180) for determining if a waste stream contains a hazardous substance, as defined in §171.8. There are several scenarios under common waste disposal practices that require the etermination of an RQ for a wastestream. Please provide comments on the example elow related to applying the proper methods for determining the reportable quantity of wastestream in these various scenarios. Constituents = Known / Concentrations = Known EXAMPLE 1 acetone (RQ = 5000 pounds) and 10% water and is assigned a waste code of F003. 55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 90% their respective concentrations are known, the RQ for each individual constituent should be To determine the RQ for a hazardous waste for which all the hazardous constituents and evaluated to determine if an RO has been met. In this example, the RQ would be determined by evaluating the total weight of each ontained within the solution is less than 5000 pounds therefore no RQ would apply to thi azardous constituent in the solution (acetone = 360 pounds). The amount of aceton container. The RQ for F003 (100 pounds) would not be assigned since hazardous constituent is specifically listed in §172.101 appendix A. Constituents = Known / Concentrations = Unknown EXAMPLE 2 acetone (RQ = 5000 pounds) and water and is assigned a waste code of F003. The 55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of concentration of acetone is not known. respective concentrations are unknown, the RQ for each individual constituent should be To determine the RQ for a hazardous waste for which the constituents are known, but their considered to determine if the package contains an RQ. 1 Eden Lane Veolia ES Technical Solutions, L.L.C. jennifer.eberle@veoliaes.com Flanders, NJ 07836 (973) 448-4209#

Page 4O VEOLIA ENVIRONMENTAL SERVICES present in the solution at 100% (acetone = 400 pounds). The amount of acetone contained In this example, the RQ would be determined by assuming each hazardous constituent to be within the solution is less than 5000 pounds therefore no RQ would apply to this container. §172.101 appendix A, the RQ for F003 which is 100 pounds would not be considered. In addition, since all the hazardous constituents are known and specifically listed in EXAMPLE 3 Constituents = Unknown / Concentrations = Known 55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 10% water and 90% D001 unlisted waste stream (RQ = 100 pounds). concentration is known, the RQ for the waste code (D001) should be evaluated to determine To determine the RQ for a hazardous waste for which the constituents are unknown, but the if an RQ has been met. code assigned to the solution (D001 = 400 pounds). The amount of D001 waste material In this example, the RQ would be determined by evaluating the total weight of each waste contained within the solution is greater than the RQ threshold of 100 pounds therefore this container would be assigned with RQ (D001). EXAMPLE 4 Constituents = Unknown / Concentrations = Unknown 55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of water and a D001 unlisted waste stream (RQ = 100 pounds). are both unknown, the RQ for the waste code (D001) should be evaluated to determine if an To determine the RQ for a hazardous waste for which the constituents and concentrations RQ has been met. In this example, the RQ would be determined by evaluating the weight of the entire the solution is greater than the RQ threshold of 100 pounds therefore this container would wastestream (D001 = 400 pounds). The amount of D001 waste material contained within be assigned with RQ (D001). EXAMPLE 5 55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 80- Constituents = Known / Concentrations = Specified Range 90% acetone (RQ = 5000 pounds) and 10-20% water and is assigned a waste code of F003. respective concentrations are known to be within a specified range, the RQ for each To determine the RQ for a hazardous waste for which the constituents are known and their individual constituent should be evaluated to determine if an RO has been met. In this example, the RQ would be determined by evaluating the weight of each constituent at its highest concentration amount within the wastestream (acetone 90% = 360 pounds, the 5000 pound threshold therefore no RQ would apply to this container. water 10% = 40 pounds). The amount of acetone contained within the solution is less than specifically listed in §172.101 appendix A. The RQ for F003 (100 pounds) would not be assigned since hazardous constituent is 1 Eden Lane Veolia ES Technical Solutions, L.L.C. Flanders, NJ 07836 (973) 448-4209 jennifer.eberle@veoliaes.com#

Page 5• VEOLIA ENVIRONMENTAL SERVICES Constituents = Known / Concentrations = Known / Listed and Unlisted Materials EXAMPLE 6 acetone, 30% ethanol and 10% water and is assigned a waste code of D001 (RQ = 100 55 gallon drum weighing 400 pounds contains a hazardous waste solution consisting of 60% pounds). To determine the RQ for a hazardous waste for which all the hazardous constituents and their respective concentrations are known, the RQ for each individual constituent should be evaluated to determine if an RQ has been met. In this example, the RQ would be determined by evaluating the total weight of each Jounds). The amount of acetone contained within the solution is less than the 5000 pound lazardous constituent in the solution (acetone 60% = 240 pounds, ethanol 10% = 4( pounds therefore this container would be assigned with RQ (D001). D001 waste material contained within the solution is greater than the RQ threshold of 100 Your written response to these examples is greatly appreciated. If you require any further information regarding this letter please contact me at 973-448-4209 or jennifer.eberle@veoliaes.com. Thank you, Jennifer Eberle Manager, Transportation Compliance 1 Eden Lane Veolia ES Technical Solutions, L.L.C. jennifer.eberle@veoliaes.com Flanders, NJ 07836 (973) 448-4209#