Veolia ES Technical Solutions, L.L.C. — 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 1 8 2014 Ms. Jennifer Eberle Manager, Transportation Compliance Veolia ES Technical Solutions, L.L.C. 1 Eden Lane Flanders, NJ 07836 Ref. No. 13-0185 Dear Ms. Eberle: This is in response to your September 5, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR 171-180) applicable to preparation of one element of a U.S. Environment Protection Agency (EPA) Uniform Hazardous Waste Manifest (UHWM) when used as an alternative to a shipping paper required by the HMR. Specifically, you ask whether a net or a gross mass, volume, or activity must be indicated in Block 10 of a UHWM for transportation by modes other than aircraft. You also state in your letter that if the answer is "yes," then you are challenging the response in a previously issued interpretation letter, under Ref. No. 13-0052, that indicates otherwise. The answer to your question is yes, except as otherwise provided in§ 172.202(a)(5), a net or a gross mass, volume, or activity may be indicated on either a shipping paper or a EPA · UHWM for transportation by modes other than aircraft. For transportation by aircraft, entries may only be indicated as the net sum of hazardous materials as prescribed in § 172.202(a)(6). Thank you for bringing this matter to our attention. We intend to correct our previous response as quickly as possible. I trust this information is helpful. Please contact us if you require further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2stevens ~J1l.~nl September 5, 2013 Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attn: PHH~10 U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington D.C. 20590-0001 5A1ipp'Y1j Paper.r l3 -- 0 185 RE: Request for Interpretation of Total Quantity Indicated on Shipping Papers Dear Sir or Madam: Please accept this letter as a request for a formal written letter of interpretation from your office. Veolia wishes to receive clarification related to the requirements of §172.202(a)(S) as it applies to total quantity of hazardous materials indicated on a shipping paper. §172.202(a)(S) requires, "Except for transportation by aircraft, the total quantity of hazardous materials covered by the description must be indicated (by mass or volume, or by activity for Class 7 materials) and must include an indication of the applicable unit of measurement, for example, '200 kg' (440 pounds) or '50 L' (13 gallons)". A recent interpretation letter (Ref. No. 13-0052) issued from your office indicates that the total quantity of hazardous material covered by a description for transportation by modes other than aircraft is indicated as the net sum of hazardous materials only. Veolia is a hazardous waste management company and utilizes the EPA Uniform Hazardous Waste Manifest as the shipping paper for its hazardous materials shipments. §172.205(b) requires the hazardous waste manifest to be prepared in accordance with 40 CFR Part 262. It is current industry practice when particularly manifesting solid hazardous waste and lab packs to indicate the total quantity on the hazardous waste manifest as the gross weight of the completed packaging. Veolia has obtained clarification from Mr. Rich LaShier at USEPA indicating that either gross or net weights are permissible to use when indicating "total quantity" on the hazardous waste manifest. Previous Interpretations issued from PHMSA related to completion of the hazardous waste manifest have deferred to EPA policy as well as the manifest completion instructions when it comes to manifesting issues. Specifically, Veolia is looking to receive clarification as to the proper method for indicating total quantity of hazardous materials on a shipping paper in compliance with §172.202(a)(S) when utilizing an EPA Uniform Hazardous Waste Manifest: Is it a violation of §172.202(a)(S) to indicate the total quantity of a hazardous material on an EPA Uniform Hazardous Waste Manifest as the total gross weight of the package (weight of the hazardous materials plus the weight of the container)? Veolia ES Technical Solutions, L.L.C. 1 Eden Lane Flanders, NJ 07836 jennifer .eberle@veoliaes.com (973) 448·4209#

Page 3Your written response to this question is greatly appreciated. If you require any further information regarding this letter please contact me at 973-448-4209 or jennifer.eberle@veoliaes.com. Thank you, Jennifer Eberle Manager, Transportation Compliance Veolia ES Technical Solutions, L.L.C. 1 Eden Lane Flanders, NJ 07836 jennifer .eberle@veoliaes.com (973) 448-4209#