Foth — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 DEC 1 7 2008 Ms. Sheryl Pharn Foth 2737 South Ridge Road Suite 600 P.O. Box 12326 Green Bay, WI 54307-2326 Ref. No. 08-0263 Dear Ms. Pham: This responds to your October 17,2008 letter requesting clarification on the 5 173.150 exceptions in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80). Specifically, you ask whether the exceptions apply to your client's shipping operations. According to your letter, your client ships a combustible liquid (solvent waste) that does not meet the definition of a hazardous waste in non- bulk packaging. You request confirmation that this shipment of combustible liquid as well as shipments of less than 1000 pounds of hazardous waste in non-bulk packaging, are excepted from placarding, training, registration, and security requirements. Under 5 173.150(f)(2), the HMR do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant. Therefore, the HMR do not apply to your shipment of non- hazardous waste combustible liquid in non-bulk packaging. Shipments of less than 1000 pounds of hazardous waste in non-bulk packaging that do not meet the definition of any other hazard class are excepted from placarding, registration, and security plan requirements. However, the training requirements in Subpart H of Part 172 do apply to such shipments. I hope this answers your inquiry. Charles E. Betts Chief, Standards Development of Hazardous Materials Standards#

Page 2October 17,2008 Mr. Edward T. Mazzullo Director, Ofice of Hazardous Materials Standards U.S. DOTPHMSA (PHH-I 0) 1200 New Jersey Avenue, SE East Building, 2" Floor Washington, DC 20590 Dear Mr. Mazzullo: RE: Hazardous Materials Regulations Requirements , ; . Foth Infrastructure & Environment LLC is sending this letter to request written confirmation of the applicability of the Hazardous Materials Regulations (HMRs) under 173.150 to one of our clients. Our client ships a solvent waste classified as a Department of Transportation (DOT) combustible liquid. The material is not classified as a hazardous waste and is shipped in non-bulk packaging. We are requesting confirmation that this material is not required to be placarded for shipment, is exempt from registration, and is exempt from security requirements. Please also verify whether hazardous material training is required for personnel handling this waste. In addition, our client occasionally generates a small amount of hazardous waste to be shipped from the facility. It is our understanding that if the amount shipped at any one time is less than 1000 pounds in non-bulk packaging, no HMRs (placarding, registration, security plan, or training) would apply. Pleas A written response would be spharn,@f~th.coin o: at Foth Infrastructure & Enl.rironrnent, LLC, 27 600, P.O. Box 12326, Green Bay, Wisconsin, 54307-2326. If you h call Sheryl Pham at (920)496-6722. Sincerely, Foth Infrastructure & Enviro Colleen Geurts, P.E. Environmental Engineer - - BY CERTIFIED MAIL WRETURN J:\scopes\OZLO 14Wazmat\DOT Interpretation Lettcr.doc 2737 South Ridge Road. Suite 600 P.O. Box 12326 Green Bay, WI 54307-2326 (920) 497-2500 Fax: (920) 497-8516#