General Environmental Management, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, SW Washington, D.C. 20590 JUN - 6 2007 Director Alexander Amort Ref. No.: 07-0105 11855 White Rock Road General Environmental Management, Inc. Rancho Cordova, CA 95742 Dear Mr. Amort: This is in response to your May 21, 2007 letter requesting clarification of the basic description sequence on shipping papers provided in § 172.202 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask you ask if the recent change under the final rule to Docket HM-2151 (71 FR 78595; January 1, 2006), requiring the sequence to be rearranged so the identification number is first, followed by the proper shipping name, hazard class, and packing group and no other information interspersed, "waste" preceding the proper shipping name for hazardous wastes that are not identified by will cause a problem with the requirement in § 172.101(c)(9) to add the modifying word the word "waste." You indicate that adding the word "waste" forces the shipper to violate the requirement in § 172.202(b) indicating that no additional information may be interspersed within the basic description. we considered the same issues you cover in your letter. We concluded that the We understand and appreciate your concerns. Prior to the publication of Docket HM-215I requirement in § 172.101(c)(9) to add the word "waste" preceding the proper shipping name for hazardous wastes that are not identified by the word "waste" causes the proper shipping name to be modified. The word "waste" becomes part of the proper shipping name. Therefore, when the word "waste" is added to the beginning of a proper shipping name as prescribed in § 172.101(c)(9) and then added to the basic description as part of the proper shipping name, it is not considered a violation of the requirements in § 172.202(b). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 172.101()9) 172.202 (b) 070105#

Page 2INFOCNTR <PHMSA> Supko Sent: From: aamort@go-gem.com Subject: To: INFOCNTR <PHMSA> Monday, May 21, 2007 12:59 PN $172.101 Information Center Comments/Questions Appleability 07-0105 (aamort@go-gem.com) Below is the result of your feedback form. on Monday, May 12:58:33. submitted by alexander amort Email: aamort@go-gem.com Name: ( alexander amort Category: Other questions? Organization: General Environmental Management Inc Street: 11855 White Rock Road City: Rancho Cordova State: California Zip Code: 95742 Phone: 415-302-1231 Fax: 253-541-8075 Comments: U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Attn: Mr. Edward Mazzullo, Director of Hazardous Materials Standards Dear Mr. Mazzullo regulations. I am writing this letter requesting clarification of a potential conflict in the order, did not change a regulation The newly passed regulations in 172.101 that now appears to conflict with the new that changed the proper shipping description requirements. 172.202 now states the following: (a) (1), (2), "(b) Except as provided in this subpart, the basic description specified in paragraphs information interspersed. For example, (3) and (4) of this section must be shown in sequence with no additional -UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG Subpart (d) of the same subpart allows for the technical and chemical group names to be entered in parentheses between the proper shipping name and the hazard class. UN299 the new regulations with the new shipping name order would allow a name such as: Flammable liquids, n.o.s. (acetone, toluene), 3, PG II. hazardous material description in Column 2 of the table, the proper shipping name for a However, 172.101 (9) states "Hazardous Wastes. If the word "waste" is not included in the hazardous waste.shall include the word "Waste" preceding the proper shipping name of the flammable liquids, n.o.s. (acetone, toluene), 3, PG II. The word "waste" inserted This would then require the proper shipping description to be: UN1993, Waste#

Page 3the UN # conflicts with the requirement in 172.202 that states no additional information ' subpart. This information is not approved in that subpart. can be interspersed in the proper shipping description except as called out in that association with the basic shipping description. Most of the additional description items discuss placing terms either preceding or in word waste before the proper shipping name, not the proper shipping description. In this case, it specifies placing the proper shipping name. I feel that the word "waste" should precede the proper shipping description, not the description requirements, in addition to removing conflict with the current regulations. In that case, it would be more consistent with the other additional had always preceded the proper shipping description because the proper shipping name was It will also help provide consistency in the hazardous waste business as the word "waste" always listed first. or 415-302-1231. I look forward to your response. Thank you for your clarification in this issue. I can be contacted at aamort@go-gem.com Sincerely, Direande nvironmental Health and Safety General Environmental Management, Inc. 2#