{"operation":"document","citation":"10-0146","title":"Clean Harbors Environmental Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-04-11","effective_on":null,"summary":"10-0146 response to Clean Harbors Environmental Services, Inc. concerning 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0146.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0146.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0146","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100146.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nPipeline and Hazardous Materials\nSafety Administration APR 11 2011 Washington, D.C. 20590\nMr. Anthony Cellucci\nVice President, Transportation Compliance\nClean Harbors Environmental Services, Inc.\n42 Llngwater Drive\nP.O. Box 9149\nNorwell, MA 02061-9149\nReference No. 10-0146\nDear Mr. Cellucci:\nThis is in response to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) regarding a requirement adopted in the HM-206F final rule,\n\"Revision of Requirements for Emergency Response Telephone Numbers\" published on October\n19,2009 in the Federal Register [74 FR 53413] and effective on October 1, 2010 (as corrected in\nthe Federal Register published on October 22,2010 [74 FR 54489]). You state that Clean\nHarbors Environmental Services (Clean Harbors) is a motor carrier that functions as the offeror\nand generator for transporting wastes for disposal. Additionally, Clean Harbors provides and\nmans their own emergency response telephone number. Specifically, you ask us whether your\nUniform Hazardous Waste Manifest (UHWM) conforms to § 172.604 as revised in the HM-206F\nfinal rule.\nThe answer is yes. When the number of the person offering the hazardous material is also the\nemergency response information (ERI) provider, the name of the person identified with the\nemergency response telephone number must be entered on the shipping paper immediately\nbefore, after, above, or below the ER phone number unless the name is entered elsewhere on the\nshipping paper in a prominent, readily identifiable, and clearly visible manner that allows the\ninformation to be easily and quickly found. In the example you submitted, the offeror and\ngenerator, Clean Harbors, is prominently entered on the shipping paper, as well as being clearly\nentered in association with their emergency response telephone number and, therefore, meets the\nERI provider identification requirements in § 172.604(b )(1) as adopted in the HM -206F final\nrule.\nI hope this information is helpfuL Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n~\nIIVIBOIMENTAL IERVICEIIII\nClean Harbors Environmental Services, Inc.\n42 Longwater Drive\nP.O. Box 9149\nNorwell, MA 02061-9149\n781. 792.5000\n800.282.0058\nwww.cleanharbors.com\nJuly 9, 2010\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nRE: Request for Written Confirmation - 49 CFR 172.604\nDear Sir or Madam:\nClean Harbors Environmental Services, Inc. (Clean Harbors) is a licensed interstate motor carrier engaged in the\ntransportation and disposal of hazardous and solid wastes from a very diverse customer base. Each shipment of\nhazardous waste is accompanied by a Uniform Hazardous Waste Manifest (UHWM) that identifies the name,\naddress and phone number ofthe generator (offeror) ofthe consignment. In addition, the UHWM includes a 24\nhour emergency response phone number that is monitored and answered by a Clean Harbor's representative. Each\nwaste stream accepted for transportation and disposal by Clean Harbors is pre approved before acceptance and this\ninfonnation is readily available to the emergency response representatives monitoring the 24 hour service. It is for\nthis reason that Clean Harbors offers the use ofthis 24 hour emergency response phone service to our customer\nbase,\nI have attached an example ofa completed UHWM that identifies the 24 hour emergency response phone number in\nsection 3 and the generator (offeror) information in section 5. It is my understanding that a shipping paper prepared\nin this fashion satisfies the requirement outlined in 49 CFR 172.604 that becomes effective October 1, 2010. Ifmy\nunderstanding is correct, 1would respectfully request a written confrrmation that I can share with my organization as\nwe continue to communicate this new requirement to both our internal and external customer.\nThank you for your attention to this request. If any additional information is required, please do not hesitate to\ncontact me at (781) 792-5760 .\n. Sincerely, Q pL:t:....--Anthony\nP. Cellucci\nVice President, Transportation Compliance\nEnell\n\"People and Technology Creating a Better Environment\"","truncated":false,"body_characters":4460}