# Oregon Department of Environmental Quality — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 11-0128
- **title:** Oregon Department of Environmental Quality — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2011-10-27
- **effective on:** Not available
- **summary:** 11-0128 response to Oregon Department of Environmental Quality concerning 171.8, 172.101, 172.200, 172.704.
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- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-11-0128
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110128.pdf
**body:**

<<<PAGE 1>>>

U.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?

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A2. 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 3>>>

Q8. 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 4>>>

Department 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
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