Veolia ES Technical Solutions, L.L.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration FEB 1 5 2011 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Tom Baker Director, Environment and Transportation Veolia ES Technical Solutions, L.L.C. 1 Eden Lane Flanders, NJ 07836 Ref. No. 10-0262 Dear Mr. Baker: This responds to your December 14,2010 letter requesting clarification on emergency response telephone number requirements in § 172.604 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provide examples of manifests where the generator/offeror is "ABC Company, Inc" while the person registered with the emergency response information provider (ERI provider) for these shipments is a different company, "VESTS". "VESTS" is also the unique identifier assigned by the ERI provider. Specifically, you provide scenarios and ask for verification that they comply with §§ 172.604(a)(3)(ii) and 172.604(b )(2) requirements. Your scenarios are restated as follows: Scenario 1: In the case where the generator/offeror identified on the manifest is also the ERI provider, by entering the emergency response telephone number in Item 3 of the manifest and the generator's/offeror's name in Item 5 ofthe manifest, you ask ifthe shipping paper is in compliance with §§ 172.604(a)(3)(ii) and 172.604(b)(1) with respect to the display of the emergency information. Scenario 2: In the case where the generator/offeror identified on the manifest is not the person registered with the ERI provider, by entering the emergency response phone number in Item 3 ofthe manifest and a statement in Item 14 of the manifest identifying the person who is registered with the ERI provider, you ask ifthe shipping paper is in compliance with §§ 172.604(a)(3)(ii) and 172.604(b)(2) with respect to the display ofthe emergency response information. As shown in the two examples ofmanifests you provide, the placement of the emergency response telephone number and contact information is consistent with requirements in §§ 172.604(a)(3)(ii) and I 72.604(b)(1) for Scenario 1 and §§ 172.604(a)3)(ii) and 172.604(b)(2) for Scenario 2. I trust this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553. Sincerely, ~Sq}k- Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 2Boo-f+J e ~/12 .b64 (i)veollA £ Ii? er,J eY1~ R eSfon':J ~ ENVIRONMENTAL SERVices Ie ft'f'h()y) e NuIIYl h-e.rDecember 14, 2010 /0 -O;J..kAJ U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-IO East Building 1200 New Jersey Avenue S.E. Washington DC 20590-0001 RE: Request for Interpretation Regarding Indicating the ERI Provider on EPA's Uniform Hazardous Waste Manifest To Whom It May Concern: Veolia is requesting guidance from PHMSA regarding the completion of the uniform hazardous waste manifest with respect to compliance with 49 CFR 172.604, the requirements for including the emergency response phone number on shipping papers. Generators of hazardous waste are required to use the uniform hazardous waste manifest, EPA Form 8700-22, when shipping hazardous wastes. USEPA has provided specific instructions for completion of the uniform manifest, including the entering of the emergency response phone number in Item 3 of the form. The instructions for completion of Item 3 of the manifest as referenced in 40 CFR Part 262, Appendix, are as follows: Item 3. Emergency Response Phone Number Enter a phone number for which emergency response information can be obtained in the event of an incident during transportation. The emergency response phone number must: 1. Be the number of the generator or the number of an agency or organization who is capable of and accepts responsibility for providing detailed information about the shipment; 2. Reach a phone that is monitored 24 hours a day at all times the waste is in transportation (including transportation related storage); and 3. Reach someone who is either knowledgeable of the hazardous waste being shipped and has comprehensive emergency response and spill cleanup/incident mitigation information for the material being shipped or has immediate access to a person who has that knowledge and information about the shipment. Veolia ES Technical Solutions, L.L.C. 1 Eden Lane, Flanders, NJ 07836 tom.baker@veoliaes.com (973) 691-7330#

Page 3(.j)veOLIA ENVIRONMENTAL SERVICES Note: Emergency Response phone number information should only be entered in Item 3 when there is one phone number that applies to all the waste materials described in Item 9b. If a situation ( e.g. , consolidated shipments) arises where more than one Emergency Response phone number applies to the various wastes listed on the manifest, the phone numbers associated with each specific material should be entered after its description in Item 9b. Below are several questions related to the emergency response phone information when entered on the manifest in accordance with USEPA's instructions and how those entries comply with the PHMSA regulations in 49 CFR 172.604. Please respond in writing as to whether PHMSA is in agreement with the answers provided by Veolia to these questions. Ql) In the case where the generator/offeror identified on the manifest is also the emergency response information provider (ERI provider), by entering the emergency response phone number in Item 3 of the manifest and the generator's/of!eror's name in Item 5 of the manifest, is the shipping paper in compliance with 172.604(a)(3)(ii) and 172.604(b)(1) with respect to the display of the emergency information? Al) Veolia believes that the manifest completed in this manner complies with 172.604(a)(3)(ii) and 172.604(b)(1). That is, by entering the ER telephone number in the space identified on the manifest form as the "Emergency Response Phone" the shipping paper complies with 172.604(a)(3)(ii), in that the ER telephone number is "entered once on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, such as by ... setting the information apart to provide for quick and easy recognition". In addition, section 172.604(b)(1) requires the name of the person identified with the emergency response telephone number to be identified in one of several ways. One such option is "entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found." By entering the generator's name in Item 5 of the manifest this requirement is also satisfied. Q2) In the case where the generator/offer identified on the manifest is not the person registered with the ERI provider, by entering the emergency response phone number in Item 3 of the manifest and a statement in Item 14 of the manifest identifying the person who is registered with the ERI provider, is the shipping paper in compliance with 172.604(a)(3)(ii) and 172.604(b)(2) with respect to the display of the emergency response information? Attached are examples of2 completed manifests to better illustrate this question. In "Example 1" and "Example 2# the generator/offeror of the waste shipment is "ABC Company, Inc" while the person registered with the ERI providerfor these shipments is a different company, "VESTS". In these examples, "VESTS" is also the unique identifier assigned by the ERI provider. The two examples differ only in the wording of the statements appearing in Item 14 of the manifests. Veolia ES Technical Solutions, L.L.C. 1 Eden Lane, Flanders, NJ 07836 tom.baker@veoliaes.com (973) 691·7330#

Page 4(i)VEOlIA ENVIRONMENTAL SERVICES A2) Veolia believes that both manifests, Example 1 and Example 2, completed in this manner comply with 172.604(a)(3)(ii) and 172.604(b)(2). That is, by entering the ER telephone number in the space identified on the manifest form as the IIEmergency Response Phone" the shipping paper complies with 172.604(a)(3)(ii), in that the ER telephone number is lientered once on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, such as by ... setting the information apart to provide for quick and easy recognition". Furthermore, according to 172.604(b)(2), liThe person who is registered with the ERI provider must be identified by name, or contract number or other unique identifier assigned by the ERI provider, on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, unless the name of the identifier is entered elsewhere in a prominent manner as provided in paragraph (b)(1) of this section." Reference to paragraph (b)(1) allows the name to be lIentered elsewhere on the shipping paper in a prominent readily identifiable, and clearly visible manner that allows the information to be easily and quickly found." In these examples since "VESTS" is the person who is registered with the ERI provider, the statement itER Service Contracted by VESTS" (Example 1) or "ER Identifier - VESTS" (Example 2) has been entered into Item 14 of the manifest as a means to comply with 172.604(b)(2). The ER information entered in this manner complies with the PHMSA requirements in that the information is readily identifiable and can be easily and quickly found. Your written response to this question is greatly appreciated. If you require any further information regarding this request please feel free to contact me at tom.baker@veoliaes.com or 973-691-7330. Thank you, Tom Baker Director, Environment and Transportation Veolia ES Technical Solutions, L.L.C. 1 Eden Lane, Flanders, NJ 07836 tom.baker@veoliaes.com (973) 691-7330#

Page 5UNIFORM HAZARDOUS 11. Generator 10 Number WASTE MANIFEST ABC123456789 o EXAMPLE 1 o 111111111111111111111111111111111111111111111 Please print or type (Form designed fur use on elite (12·pitch) typewriter) Form Approved OMB No 2050-<)039 , 12. Page 1of 13. Emergency Response Phone 1 (999)999-9999 r' MaCrCr(fO CrC)'O 0 1 YES , I~O :8 ,0 ,0 ,0 :8 :0 0 , , o :E) :~~ ,!:: :1°0 :1> it iO o o o :E) 'j< 'II'" 5. Generator's Name.oo Mailing Address Generator's Site Address (if different than mailing address) o ABC Company, Inc SAME 1 First Street Somewhere, State 01234 I Generators Phone: (, ~., '''''_'",an 6. Transporter 1Company Name U.S, EPA ID Number Tom's Transport Service IDEF234567890 1. UN1993, WASTE FLAMMABLE LIQUIDS, n.o. s ~ f F003 D001 II: 0 (TOLUENE, XYLENE) , 3, II, RQ (D001) i X 001 DM 00400 P FOOS D03S w 2. Z w C) 7. Transporter 2 Company Name U.S. EPA ID Number I 8. Designated Facility Name and Site Address U.S. EPA 10 NumiJer VEOLIA ES TECHNICAL SOLUTIONS, L.L.C. 1 EDEN LANE FLANDERS, NJ 07836 I NJD980S36S93 Facility's Phone: Q'7'_">.:'7 .• ' ana 9a. 9b, U,S. DOT Descnption (including Proper Shipping Name. Hazard Class. 10 Number. 10. Conlainers 11. Total 12. Unil 13. Waste Codes HM and Packing Group (if any» No. Type Quantity WtNol. 3. jl~o 4. 14. Special Handling Instructions and Additionallnformation ER Service Contracted by VESTS 1)W:700253 A:MARFS 11 :0 o 15. GENERATOR'SJOFFEROR'S CERTIFICATION: I hereby declare that the contenls of this consignment are fully and accurately described above by the proper shipping name. aro are claSSified. packaged. mar1<ed and labeled/placarded. and are in all respecls in proper condition for transport according to applicable international and national governmental regulations. Hexport shipment and Iam tile PrimaJ)' Exporter.r certify that the conlents of th~ conSignment conlonm to the terms of the atiachad EPA Acknowledgment 01 Consent. r certify that the waste minimization statement identifiad in 4il CFR 262.27(a) (if I am a large quantity generator) or (b) (ift am asmall quantity generator) is true. Generators/Offeror's PrintedlTypad Name Signature Month Oay Year I I I I F- Port of entJylexit: ..... le.lnternational Shipments oImport to U.S. oExport from u.s. 3:E Transporter signalure (for exports only): Date leaving U.S.: ffi 17. Transporter Acknowledgment of Receipt of Materials Ii: Transporter 1PrintedlTyped Name Signature Month Day Year 0 I I I Ia.. U) z Transporter 2 PrintadlTyped Name Signature Month Day Year II:: l< I I I I o I16. Discrepancy 188. Discrepancy Indication Space o Quantity 0 01 0 Rejection 0 Rejection Manifest Reference Number: 18b. Atternate Facitlty (or Generator) U.S. EPA 10 Number ...I U I~ Facility's Phone: C 18c, Signature ofAtiernate facility (or Generalor) IMonth I Day Year w ~ Iz 52 19. Hazardous Waste Report Management Method Codes (i.e.• codes lor hazardous waste treatment, disposal, and recycling systems) w w 1. 1 2 3 . r'c . 1 j20. Designated Facility Owner or Operator: Certification of receipt of hazardous materials covered by the manifest except as nded in Item 1 Sa PnntedlTyped Name Signature Month Day Year I I I I ~ o o o o :E) :I·~ '0 :co il ,~,. o o EPA Form 8700-22 (Rev. 3-<)5) PreVIous editions are obsolete. DESIGNATED FACILITY TO DESTINATION STATE (IF REQUIRED) o o#

Page 6o EXAMPLE 2 o 11111111111111111111111111111111 ~ 1111111111 Please print or type (Form designed for use on elite (12-pHch) typewriter) Form Approved OMS No 2050'()039 UNIFORM HAZARDOUS 11 •Generator ID Number 12. Page 1of 13, Emergency Response Phone 4 WASTE MANIFEST ABC123456789 1•Ma C rOTCrOcr5r 1 (999)999-9999 o0 1 YES o 5. Generators Name and Mailing Address Generato(s SHe Address (if different than mailing address) ABC Company, Inc SAME 1 First Street Somewhere, State 01234 Generalors Phone: r, ')., .. ~ " _ '1 lHl (\ I 6, Transporter 1Company Name Tom's Transport Service U,S. EPA 10 Number IDEF234567890 7. Transporter 2 Company Name U.S. EPA 10 Number I 8. Designated FaGiuty Name and Site Address U,S. EPA 10 Number VEOLIA ES TECHNICAL SOLUTIONS, L.L.C. 1 EDEN LANE FLANDERS, NJ 07836 INJD980536593 Facility's Phone: <1'1",_", .. '1_1 <lnQ I 9a. 9b. U.S. DOT Description (including Proper Shipping Name. Hazaro Class, ID Number, 10. Containers 11. Total 12, Unit 13. Waste Codes HM and Packing Group (n any)) No. Type Quantity WINo!. 1. UN1993, WASTE FLAMMABLE LIQUIDS, n~o. s. , F003 DOOI a:: 0 (TOLUENE, XYLENE) , 3, II, RQ (DOOl) X 001 DM 00400 P FOOS D035 ~ o w z w C!) o 2. 3, 4. 14, Special Handling Instructions andAdditionallnlormation ER IDENTIFIER _ "VESTS" 1)W:700253 A:MARFS o 15, GENERATDR'S/OFFEROR'S CERTIFICATION: I hereby decla", !hat the contenls of this consignment are fully and accurately described above by the proper shipping name. and are classified, packaged, mar1<ed and labeled/placaroea, aOO a", in all respects in proper coOOilion Inr transport according to applicable international and nationalgovernmenlal regulations, II export shipment and Iam !he Primary Exporter, I certify thai the contents of this consignmenl conform to the terms of the aHeched EPA Acknowleagment of Consen!. I certify that !he waste minimization statement identified in 40 CFR 262.27(a) (If I am a larga Quantity generator) or (b) (ffl am asmall quantity generator) is true, Generatots/Offero(s PrintedITyped Name Signature Month Day Vear I J I I ...I IS. International Shipmenls oImport 10 U.S. oExport from U,S. Port of entry/exit ~ Transporter signature (for exports only): Date leaving U.S,: ffi 17, Transporter Acknowledgment of Receipt of Materials Ii: Transporter 1PrintedlTyped Name Signature Month Day Vear 0 I I I I Q.. VI Z Transporter 2 PriniedITyped Name Signature Month Day Vear <I: o l- IX I I I I o 18a. Discrepency Indication Space o I18, Discrepancy o Quantity D oResidue oPartial Rejection oFull Rejection Manifest Reference Number. l8b. AHernate Facility (or Generator) U,S, EPA ID Number ~ ~ u.; Facility's Phone: I C 18c. Signature ofAlternate Facility (or Generator) Vear w IMonth I Day !;;c z I S2 19. Hazardous Waste Report Managemenl Method Codes (i,e., codes for hazarnous waste treatment, disposal, and recycling systems) VI w 1. 2 3 4 0 1 , 1 . 1 . o I20, Designated Facility Owner or Operator. Certification of ",ceipt 01 hazardous materials covered by the manifest except as noted in Item 160 PrintedlTyped Name Signatu", Month Day Vear o I J I I o .. EPA Form 8700·22 (Rev. 3'()5) PrevIOus editions are obsolete. DESIGNATED FACILITY TO DESTINATION STATE (IF REQUIRED) o#