Oregon Department of Environmental Quality — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safely Administration OCT 27 2011 Mr. Brian Allen RCRA Compliance Inspector Oregon Department of Environmental Quality 475 NE Bellevue Dr., Suite 110 Bend, Oregon 97701 Ref. No. 11-0128 Dear Mr. Allen: This responds to your May 12,2011, request for clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Part 171-180) to Conditionally Exempt Small Quantity Generators (CESQG), small businesses that are not state or local government entities, ofhazardous waste. Note that we define a hazardous waste as a material subject to EPA hazardous waste manifest requirements under 40 CFR Part 262. See § 171.8. However, it is our understanding that, except for certain types ofwaste, a CESQG waste is not subject to regulation under Part 262 (40 CFR 261.5). Thus, it may be that the CESQG waste is not subject to the EPA manifest requirements, and therefore, not a hazardous waste by our definition. For ease of understanding ofthis letter, the term "hazardous waste" will be used to refer to an HMRdefined hazardous waste and the term "waste" will be used to describe a CESCG hazardous waste. Your questions are paraphrased and answered as follows: Ql. Are CESQGs required to comply with the HMR ifthe waste being transported is listed in the § 172.101 Hazardous Material Table (HMT) (Le., 30 gallons of Spent Acetone, flammable or corrosive liquids, etc.)? A.l Yes, a CESQG must comply with the HMR ifthe waste being transported is listed by name in the HMT. A hazardous material, by definition, includes material designated as hazardous in the HMT. See § 171.8 for the full definition ofa hazardous material. Q2. Would transportation ofa CESQG waste be subject to the shipping paper requirements of § 172.200 and all applicable labeling, marking and/or placarding requirements?#

Page 2A2. Yes. In general, a hazardous material is subject to all HMR requirements including labeling, marking and shipping papers. Under certain conditions, such as the mode oftransport or the packaging quantity, a material may be eligible for exceptions from the requirements. Exceptions are referenced in the Column (8) authorized packaging of the HMT. Additional exceptions may be found in special provisions referenced in Column (7). Q3. Is a CESQG transported waste required to be described using the word "Waste" preceding the proper shipping name? A3. It depends on whether the waste is subject to the manifest requirements of 40 Part 262. If the CESQG waste is not subject to the EPA manifest requirements, then it is not by our definition a hazardous waste, and therefore, may not be described using the word "Waste" as part ofthe proper shipping name. Q4. When a CESQG waste is picked up by a vendor for hire, can a hazardous waste manifest be used for this type of shipment in lieu ofa bill oflading (BOL)? A4. Yes, as long as the manifest contains all the information required by Subpart C (shipping papers) ofPart 172 of the HMR. Q5. Maya vendor for hire use a hazardous waste manifest and/or use the word "Waste" preceding the proper shipping name when consolidating waste at collection events for further transport if this waste is not subject to RCRA (40 CFR 260-280)? A5. A hazardous waste manifest may be used as a shipping document for a non-RCRA hazardous waste. See A3 regarding use of the term "Waste." Q6. Is the record retention requirement 2 years for hazardous material shipping papers? A6. Yes. For hazardous materials other than hazardous waste, the shipping paper must be retained for two years after the material is accepted by the initial carrier. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. See § 172.201(e). Q7. Are CESQGs that ship and/or sign hazardous material shipping papers or hazardous waste manifests required to have DOT and security training every 3 years? A7. Yes. A hazmat employer must ensure that each of its hazmat employees is trained in accordance with the HMR. Each hazmat employee must receive the training outlined in § 172.704 at least every three years, including security awareness training and potentially indepth security training. See Subpart H (training) ofPart 172 ofthe HMR.#

Page 3Q8. May states adopt their own exemptions to HMR requirements? A8. No. See 49 CFR 107.202(a) for standards for determining preemption. I hope this answers your inquiry. Ifyou need additional assistance, please contact this Office at (202) 366-8553. Sincerely, ~>r- Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 4Department of Environmental Quality regon Eastern Region Bend Office John A. Kitzhaber, MD, Governor 475 NE Bellevue Drive, Suite 110 Bend, OR 97701-7415 (541) 388-6146 Fax (541) 388-8283 May 12,2011 U.S. DOT PHMSA Office ofHazardous Materials Standards Attn: PHH-IO East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 I would like to receive clarification of49 CFR HMR requirements for Conditionally Exempt Small Quantity Generators ofhazardous waste (i.e. < 220 Ibs/month) that transport their waste to state run collection ev~n~s andlor,t~ loc~l transfer stations for final disposal. 1. Are 'CESQG' s required to abide by HMR ifthe hazardous waste being transported is listed in the 171.101 Hazardous Material Table (Le. 30 gallons of Spent Acetone, flammable or corrosive liquiQ-s etc.)? : 2. Would-$! CESQG be subject to the.shipping paper requirements of 172.200 and all applicable labeling;.markingandlor placard requirements? 3. Are CESQG required to use the word "Waste" preceding the proper shipping name? .. 4. When a CESQG hazardous waste is picked up by a vendor for hire. Can a Hazardous Waste manifest be used for this type ofshipment in lue. ofa BOL? 5. Maya vendor for hire use a hazardous waste manifest andlor use the word "Waste" preceding the proper shipping name when consolidating waste at collection events for further transport if this waste is not subject to RCRA (40 CFR 260-280)? 6. 7. Is the record retention requirement 2 years for hazardous material shipping papers? Ar'e:CESQG that shipandlor sign hazardous material shipping papers or hazardous waste manifests required to have DOT and security training every 3 years? 8. May states adopt their own exemptions to HMR requirements? Your prompt return request is gre'atly appreciated. Thank You; ~ri.;Allen~ RCRA Compliance Inspector- Oregon Department ofEnvironmental Quality, 475 NE Bellevue Dr; Suite 110 Bend, O~ 97701 Phone: 541-633-2014 Email: aUen.brian@deq.state.or.us j: •• ,#