{"operation":"document","citation":"09-0030","title":"Household Hazardous Waste Program Alameda County — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-17","effective_on":null,"summary":"09-0030 response to Household Hazardous Waste Program Alameda County concerning 171.1, 171.8, 172.202, 173.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0030","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090030.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Admi'nistration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Bill Pollack\nHousehold Hazardous Waste Program\nAlaineda County\n1 13 1 Harbor Bay Parkway\nAlameda, CA 94502-6577\nReference No. 09-0030\nDear Mr. Pollack:\nThis is in response to your e-mail concerning State-regulated waste from households that does\nnot meet the definition of a hazardous waste under the U.S. Environmental Protection\nAgency's (EPA's) regulations (40 CFR Parts 260-265)' but does meet the definition of a\nhazardous material under the U.S. Department of Transportation's (DOT'S) Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). You state that since 2006, California\nState law has required businesses within the State to use the EPA's uniform hazardous waste\nmanifest as the shipping paper for State-regulated wastes. You ask if the word \"Waste\" must\nprecede the proper shipping description of this material.\nThe answer is no. As defined in the HMR, a \"hazardous waste\" is any material that is subject\nto the hazardous waste manifest requirements of the EPA specified in 40 CFR Part 262. See\n5 171.8. Materials that are not subject to the EPA manifest requirements are not hazardous\nwastes under the HMR. Note that nothing in the HMR prohibits a State from managing these\nmaterials as State-designated hazardous wastes so long as the State does not require the\nmaterial to be identified as a \"hazardous waste\" on the manifest. Note as well that hazardous\n\"household waste,\" also defined in 5 171.8, is not subject to the HMR when collected directly\nfrom households in accordance with state, local, or tribal requirements, or when consolidated\nand transported in a motor vehicle operated by a government employee solely for non-\ncommercial government purposes. See 5 173.12(f). However, household hazardous wastes\nconsolidated into shipments from collection centers and transported by a commercial motor\ncarrier under contract to a government entity or a commercial business are subject to the\nHMR because this is considered \"commercial\" transportation for purposes of the HMR.\nUnder 6 17 1.1, a hazardous material transported in commerce is subject to all applicable\nHMR requirements for each DOT hazard class, as defined in Part 173.\nShipping descriptions from the HMR may not be used to describe a non-EPA waste material\non a State manifest document. Thus, the word \"waste\" may not precede the basic description\n\n<<<PAGE 2>>>\n\nfor a DOT-regulated hazardous material when the material is not an EPA hazardous waste.\nUse of the word \"waste\" preceding the basic description indicates that the material is a\nfederally regulated hazardous waste. (See fj 172.101(~)(9).) However, for a nonhazardous\nmaterial, a shipping name from the HMR may be used following the word \"waste\" so long as\nthe hazard class number or LJN or NA identification number, is not included in the description\nof the waste material. (See fj 172.202(e).)\nNothing in the HMR prohibits a State from imposing requirements on EPA-designated waste\nmaterials that are in addition to those required by EPA regulations so long as these additional\nrequirements do not interfere with the actual movement of the waste. Thus, States may\nrequire certain additional information on the manifest form. However, this additional\ninformation may not be made mandatory during transportation of the material, and States may\nnot apply enforcement sanctions on the transporter during transportation for any failure of the\nmanifest to show optional State information entries.\nI hope this satisfies your inquiry.\nSincerely,\n)us'& Gorsky (i. -\nRegulations officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEdrnousd n Page 1 of 1\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: Wednesday, February 04, 2009 12: 18 PI1\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: use of the word waste on a manifest\nFrom: Pollock, Bill, Env. Health [mailto:bill.pollock@acgov.org]\nSent: Tuesday, February 03, 2009 6:56 PM\nTo: PHMSA HM Infocenter\nSubject: use of the word waste on a manifest\nUse of the word waste on a manifest\nMy California County government Environmental Health agency operates a Household Hazardous\nWaste program which is exempt from RCRA under 40CFR261.4, and from a federal standpoint I am\nnot required to use a Uniform Hazardous Waste manifest even though the wastes I ship are Hazardous\nMaterials found in the HMT\nHowever under California State law I am required to ship waste using a Hazardous Waste manifest.\nPre 2006 we would use a California Hazardous Waste Manifest, obviously with 2006 change in\nmanifesting regulations we are required by our state EPA to use the Uniform Hazardous Waste\nmanifest.\nDoes your following interpretation on the use of the word waste\n\"As specified in § 171.8, a hazardous waste is any material that is subject to the hazardous waste\nmanifest requirements of the US. Environmental Protection Agency (EPA) as specified in 40 CFR Part\n262. Ifa hazardous waste manifest is required under EPA regulations for the material, Q' 1 72.101 (c)(9)\nof the HMR speciJies that ifthe word \"waste\" is not included in the hazardous material description, the\nproper shipping name for a hazardous waste must include the word \"waste \"preceding the proper\nshipping name. via highway and rail. \"\napply to waste (found in the HMT)on a hazardous waste manifest, the use of which is required by a\nState EPA, but not the Federal EPA.\nBill Pollock\nAlameda County Household Hazardous Waste program\n1131 Harbor Bay Parkway(Mailing address only)\nAlameda CA 94502-6577\n510-670-6460 Fax 510-293-9374","truncated":false,"body_characters":5649}