Belshire Environmental Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEB 2 0 2013 Mr. Larry Moothart Manager Belshire Environmental Services, Inc. 25971 Towne Centre Drive Foothill Ranch, CA 9261 0 Ref. No.: 13-0008 Dear Mr. Moothart: This is in response to your January 7, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek clarification of the packaging requirements for non-bulk shipments in specification packaging of materials regulated as a hazardous waste. You indicate that you will be using the packaging exception provided in § 173 .12( c), which allows previously used packagings to be reused for shipments of waste materials transported for disposal or recovery. Your questions are paraphrased and answered below. Q 1. Must non-bulk specification packagings, (i.e., 55-gallon drums) meet the requirements of Part 178 when using the exception provided in § 173 .12( c)? A 1. Yes. Non-bulk specification packagings that are being reused to ship hazardous waste under the exception provided in § 173 .12( c) are subject to all applicable requirements in Part 178, except those pertaining to the reconditioning and reuse proVISIOnS. Q2. Are there any hazard classes that would not be allowed under the exception in § 173.12 for hazardous waste? A2. No. A waste material in any hazard class may be transported for disposal or recovery under the exceptions provided in § 173.12. Q3. Is it a correct understanding that § 173 .28(b )( 6) provides relief from the container reconditioning requirement for waste materials identified in § 173.12(c)(5)?#

Page 2A3. Yes. As provided by § 173 .28(b )( 6) a "previously used non-bulk packaging may be reused for the shipment of hazardous waste, not subject to the reconditioning and reuse provisions of this section, in accordance with§ 173.12(c)." I hope this information is helpful. If you have fmiher questions, please do not hesitate to contact this office. Sincerely, J>4- ZJ.!li- Robert Benedict Chief, Standards Development Standards and Rulemaking Division#

Page 3Win+er- Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Monday, January 07, 2013 4:51 PM Drakeford, Carolyn (PHMSA) FW: hazardous waste in non bulk packagings 1''13·/~o t18 .. J..o Non &li< PC£cl<a~ illj 13- 000 ?5 Hi Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: Larry Moothart [mailto:Larry@belshire.com] Sent: Monday, January 07, 2013 2:27 PM To: INFOCNTR (PHMSA) Subject: hazardous waste in non bulk packagings Please provide a response to this information in a formal letter. This email requests interpretive guidance from the US Department of transportation Pipeline and Hazardous Material Safety Administration concerning the requirement to comply with the specification packaging requirements in 49 CFR part 178 when transporting a hazardous material that is a hazardous waste in a non bulk packaging (i.e. 55 gallon drums). In your response, please consider that the hazardous waste will be packaged in accordance with the requirements of 49 CFR 173.12 (c) (1) through (5). Question 1: Is there a requirement that non bulk containers (i.e. 55 gallon drums) satisfy any of the requirements in 49 CFR part 178 when transporting a non bulk package that contains a hazardous material that is a hazardous waste? Question 2: Are there any hazard classes that would not be allowed under this exception for waste materials? Question 3: Is it correct to understand that 49 CFR 173.28 (6) provides for relief from the container reconditioning requirement for waste materials identified in 49 CFR 173.12 (c)(5)? Thank you, Larry Moothart Manager Belshire Environmental Services, Inc. 25971 Towne Centre Drive Foothill Ranch, CA 92610 949-460-5200 949-460-5210 (fax) larry@belshire.com www.belshire.com 1#