Brighter Horizons Environmental Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety JUN 1 9 2014 Mr. John Nelson Transportation and Safety Manager Brighter Horizons Environmental Inc. 4 Courthouse Lane Chelmsford, MA 01824 Ref No.: 14-0102 Dear Mr. Nelson: This is a response to your May 12, 2014 letter requesting clarification of placarding requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and their relation to the Federal Motor Carrier Administration (FMCSA) regulations pertaining to hazmat endorsement requirements on Commercial Drivers' Licenses (CDLs). Specifically, you ask if a carrier voluntarily placards a shipment containing bulk quantities of "UN3077, Environmentally hazardous substance, n.o.s. (lead, arsenic), 9, PG III, RQ10," must the driver hauling the material have a CDL with a hazmat endorsement. Based on the information in your letter, bulk quantities of "UN3077, Environmentally hazardous substance, n.o.s. (lead, arsenic), 9, PG III" are appropriately described as Class 9 (Miscellaneous) hazardous materials. For Class 9 (Miscellaneous) hazardous materials, placards are not required to be displayed for domestic transportation, including that portion of international transportation, that occurs within the United States (see § 172.504(f)(9)). In accordance with the FMCSA regulations, only drivers of vehicles transporting hazardous materials that are required to be placarded in accordance with Subpart F of Part 172 of the HMR must have a hazardous materials endorsement to their CDL (See § 383.93). Thus, a hazardous materials endorsement is not required for a driver transporting any quantity of Class 9 materials, even when placarded with Class 9 placards. It should be noted that the HMR does require that the driver must receive hazardous materials training (see §§ 177.800(c) and 177.816). This training must include general awareness, function-specific, safety, and security awareness training as specified in § 172.704(a) of the HMR, as well as driver training in the applicable requirements of FMCSA Regulations (FMCSR; 49 CFR parts 390 through 397) and the procedures necessary for the safe operation of that motor vehicle. Requirements for drivers to possess a CDL with a hazmat endorsement are maintained by FMCSA in 49 CFR Part 383. Questions regarding hazmat endorsements on CDLs should be directed to the Transportation Security Administration at 877-429-7746 or the appropriate#

Page 2FMCSA field office. A list of FMCSA field offices and contact information is available at: http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Sincerely, Pho Balut Robert Benedict Chief, Standards Development Standards and Rulemaking Division#

Page 3May 12th , 2014 O'Donnell BRIGH L, INC. Complete Environmental & Agricultural Services 3171.1 5172101 US Department of Transportation $172.50419) Standards & Rule Making Division PHMSA Applicability Attn: PHH-10 East Building 14-0102 1200 New Jersey Av. South East Washington, DC 20590 Dear Standards & Rule Making Division, I would like to respectfully request an interpretation regarding a shipment of impacted soils. I have a project in Newport, RI that would like me to haul this product. Proper shipping name: Impacted soils, [lead, arsenic] The shipper is using a straight Bill of Lading with a Material Shipping Log. See attached copy. This soil product has traces of lead and arsenic. Environmentally hazardous substance, solid NOS (lead, arsenic), class 9, UN3077, PGIII,RQ10. My understanding of the hazmat laws and CDL endorsement regulations is: 1. Per 49 CR 172.504 (9) only needs to be labeled, not placarded. 2. Our CDL drivers can transport it without a hazmat endorsement on their license. 3. If the customer chooses to put class 9, UN3077 placards on the trailer instead of using ID stick on labels on the trailer to ID bulk product inside, does the fact that the trailer is ID with class. 9 placards now make our drivers subject to needing a hazmat endorsement? Or is it correct to say that the class 9 UN3077 placards are exempt from needing the hazmat endorsement? We would like to haul this product in a tarp covered dump trailer. The product is dry and remains inert at ambient temperatures during transport. Would you please let us know if our interpretation of the law is correct? I believe the product we want to transport would be covered by your response letter. Respectfully, John S. Nelson Transportation & Safety Manager Brighter Horizons Environmental Inc. 4 Courthouse Lane Chelmsford, MA. 01824 P.O. Box 219 Chelmsford, MA 01824 PHONE: (978) 970-0500 FAX: (978) 970-0501#

Page 4EA 12 BEECHWOOD TYPE 4 SOIL RQ, UN3077, Environmentally hazardous substances, solid, n.o.s., 9 GIll, (lead, arsenic) 24 HOUR EMERGENCY RESPONSE HOTLINE - ChemTrec (800) 262-8200 60224 Ma Waste Management Facility Turnkey Landfill Material Shipping Record & Log Profile Number 489763NH impacted soils, and non-BUD material. For the shipment of incinerator products, processed C&D materials, A. Location Information 1. Provide the following information on the location where the waste was generated: Eastern Estates, LLC & SF Pacific, LLC. Release name (optional) Street 570 & 580 Bellevue Avenue Location aid City/Town Newport State RI 02840 Zip code B. Transporter/Common Carrier Information 1. Provide the following information: Name of organization Brighter Horizons Environmental, Inc. Contact name Shane Duval CFO Title PO Box 219 Street address Chelmsford City/Town State MA 01824 Zip code (978) 970-0500 Telephone number (including extension) C. Load Information 1/21/14 Name of Transporter Date Received Truck Information 6022478 20.40 Time Deceived Load size (cubic yardstions) Landfill Signature 2. Name of Transporter Date Received Time Received Truck Information Load size (cubic yards/tons) Landfill Signature 3. Name of Transporter Date Received Time Received Truck Information Load size (cubic yards/tons) andfill Signatur 4. Name of Transporter Date Received Time Received Truck Information Load size (cubic yards/tons) Landili Signature 5. Name of Transporter Date Received Time Received Truck Information Load size (cubic yards/tons! Landfil Signature D. Log Sheet Volume Information Total volume this page (cubic yards/tons) 20.600 64.61 Total carried forward (cubic yards/tons) Page 3 of 3 85.21 Total carried forward and this page (cubic yards/tons)#

Page 5/. Bill of Lading Turnkey Landfill Delivery Address: Shipper Address: Eastem Estates, LLC & SF Pacific, LLC 90 Rochester Neck Road 570 & 580 Bellevue Avenue Rochester, NH 03839 Newport, RI 02840 Profile Number: 489763NH Name of Transporter Truck Information EA Russell 60224 мА HM Package No. & Type of Total Qty. Shipping Description x 1 dump trailer 30 tons | PGIII, (lead, arsenic) RQ, UN3077, Environmentally hazardous substance, solid, n.o.s., 9, Emergency Contact: CHEMTREC - (800) 262-8200 This is to certily that the above-named materials are property classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation Signature: Date: 1/21/14#