SOLARIS — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, DC 20590 1200 New Jersey Avenue SE Pipeline and Hazardous Materials Safety Administration JUL 2 2 2015 Mr. Keane Lao SOLARIS 12223 Highland Ave. #106-306 Rancho Cucamonga, CA 91739 Ref. No. 15-0065 Dear Mr. Lao: This responds to your April 3, 2015 email request for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding applicability. Specifically, you ask for clarification on whether the functions performed by your company cause your company to be considered an "offeror" under the HMR. In your letter you indicate your company is considered a generator of large quantities of hazardous waste by the California state government. Additionally, you indicate that you contract with a company to perform certain hazardous waste operations at your facility including: (1) profiling the waste streams; (2) determining if placarding is necessary; (3) labeling; (4) loading and transporting of hazardous waste/material; (5) repacking of hazardous waste, if necessary; and (5) developing and preparing hazardous waste manifests. You state that as the generator, your company's responsibilities as mandated by your state include: (1) placing hazardous waste generated on site in the appropriate containers; (2) labeling the drum with a hazardous waste sticker; and (3) signing the hazardous waste manifests identifying yourselves as a generator. For purposes of the HMR, and based on the information provided, your company performs pre-transport functions specified in § 171.1(b) that make it subject to the HMR. In accordance with § 171.8, a "person who offers" or "offeror" means "any person who does either or both of the following: (i) [p]erforms, or is responsible for performing, any pre- transportation function required under [the HMR] for transportation of the hazardous material [in this case hazardous waste] in commerce," or "(ii) [t]enders or makes the hazardous material available to a carrier for transportation in commerce." I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. For! irk Der Kinderel Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Boothe § 171.8 Dodd, Alice (PHMSA) Definitions From: Ciccarone, Michael CTR (PHMSA) 15-0065 Sent: Friday, April 03, 2015 11:26 AM To: Hazmat Interps Subject: FW: Letter of Interpretation Request Shante/Alice, Please submit this for a formal letter of interpretation. Mr. Lao spoke with Jordan in the HMIC. Thanks, Mike From: Keane Lao [mailto:keanelao@me.com] Sent: Thursday, April 02, 2015 4:57 PM To: PHMSA HM InfoCenter Cc: Thomas Lao; Noah Mark Roth Subject: Letter of Interpretation Request Dear PHMSA Info Center Staff, We are are a large company in the business of manufacturing buses. As such we are regarded by the Certified Unified Program Agency and the Department of Toxic Substances Control as Large Quantity Generators of Hazardous Waste. Our hazardous waste contractor is Safety Kleen, their responsibilities at our facility are as follows: - Profiling the Waste Streams - Determining if Placarding is necessary - DOT Labeling (Class I, Class II, etc...) - Loading and Transporting of Hazardous Waste / Materials - Repacking of Hazardous Waste if necessary - Developing and typing up Hazardous Waste Manifests As a Generator, our responsibilities as mandated by our Certified Unified Program Agency and the EPA are to, - Place hazardous waste generated on site in the appropriate containers - Label drum with hazardous waste sticker (attached) - Signing the hazardous waste manifests identifying ourselves as a Generator 1#

Page 3**SIDE NOTE** - We DO NOT fill out the bottom DOT Section of the Hazardous Waste sticker We kindly request a Letter of Interpretation of whether or not we our actions categorize us as "offerers" of hazardous wastes. Please do not hesitate to contact us at anytime if you would like any additional clarification or information. We look forward to speaking with you, and thank you for your guidance. Best Regards, Keane Lao SOLARIS 909-999-7899 - Direct 626-288-7711 - Mobile 2#