{"operation":"document","citation":"17-0055","title":"Waste Management Sustainability Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-11-14","effective_on":null,"summary":"17-0055 response to Waste Management Sustainability Services concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56181/170055.pdf","body":"<<<PAGE 1>>>\n\nProject Manager\nWaste Management Sustainability Services\nP.O. Box 16682\nDenver, CO 80216\nReference No. 17-0055\nDear Mr. Biancavilla:\nThis letter is in response to your May 11, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of\nhazardous wastes. You describe a large quantity generator of hazardous wastes that transports\ndrums of hazardous waste between three contiguous facilities that operate under one U.S.\nEnvironmental Protection Agency Identification Number. You state that although the three\nfacilities are contiguous, a public road must be used to move between the locations.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if the transporter (i.e., carrier) of hazardous wastes is considered a carrier of\nhazardous materials and subject to the marking, labeling, placarding, and training\nrequirements of the HMR.\nA1.\nBased on the understanding that the wastes are classified as hazardous materials subject\nthe HMR and that access to the public road is not restricted, the answer is yes. Note also\nthat if public access to the facility is unrestricted, the movement of drums of hazardous\nmaterials exclusively within the confines of the facility is regulated and all applicable\nrequirements of the HMR (e.g., marking, labeling, placarding, and hazardous material\nemployee training) must be met unless otherwise excepted. In accordance with\n§ 171.1(d)(4), if movement of hazardous materials occurs on or across a public road\nwithin the contiguous boundary of the facility, that transport is subject to the HMR unless\naccess to the public road is restricted by signals, lights, gates, or similar controls during\ntransport.\nQ2.\nYou ask if the transportation of hazardous wastes requires drivers to register for a U.S.\nDepartment of Transportation (DOT) Number, have hazardous materials driver's license\nendorsement on a commercial driver's license (CDL), and meet insurance requirements.\n\n<<<PAGE 2>>>\n\nfield office. A list of field offices and contact information is available at\nhttps://www.fimcsa.dot.gov/mission/field-offices or you may contact FMCSA\nHeadquarters in Washington, DC at 202-385-2400.\nFor questions regarding the HMR, you may contact the Hazardous Materials Information\nCenter at 1-800-467-4922.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAffighte\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nRe:\nHazardous Materials Transporter\nDear Sir / Madame:\nI am requesting that the USDOT offer a Federal interpretation or guidance on the regulations\nsurrounding the transportation of hazardous materials; particularly when there are several\nlocations considered contiguous and share one US EPA ID Number for a Large Quantity\nGenerator of Hazardous Waste site.\nThis issue surrounds transporting drums of hazardous waste from two of the three locations to\none final 90-day storage area, located on a third property.\nA public road must be driven on to accomplish the task of moving hazardous waste containers\nfrom two of the three contiguous areas to the final location where the hazardous waste storage\narea is located.\nIs the transporter of the hazardous waste deemed a hazardous materials transporter that must\ncomply with obtaining a US DOT ID Number and is the driver/carrier subject to all applicable\nlabeling, placarding (if applicable), marking, hazardous materials driver's license endorsement\nrequirements, insurance requirements, hazardous materials transportation training, such as\nHM-126, HM-181, HM215, 49 CFR Part 172, and 49 CFR Part 177 compliance as a carrier of\nHazardous Materials ?\nSincerely,\nJuan Sancanth\nBrian Biancavilla, Project Manager\nMay 11, 2017","truncated":false,"body_characters":3812}