Waste Management Sustainability Services — Hazardous Materials Safety Interpretation

Page 1Project Manager Waste Management Sustainability Services P.O. Box 16682 Denver, CO 80216 Reference No. 17-0055 Dear Mr. Biancavilla: This letter is in response to your May 11, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous wastes. You describe a large quantity generator of hazardous wastes that transports drums of hazardous waste between three contiguous facilities that operate under one U.S. Environmental Protection Agency Identification Number. You state that although the three facilities are contiguous, a public road must be used to move between the locations. We have paraphrased and answered your questions as follows: Q1. You ask if the transporter (i.e., carrier) of hazardous wastes is considered a carrier of hazardous materials and subject to the marking, labeling, placarding, and training requirements of the HMR. A1. Based on the understanding that the wastes are classified as hazardous materials subject the HMR and that access to the public road is not restricted, the answer is yes. Note also that if public access to the facility is unrestricted, the movement of drums of hazardous materials exclusively within the confines of the facility is regulated and all applicable requirements of the HMR (e.g., marking, labeling, placarding, and hazardous material employee training) must be met unless otherwise excepted. In accordance with § 171.1(d)(4), if movement of hazardous materials occurs on or across a public road within the contiguous boundary of the facility, that transport is subject to the HMR unless access to the public road is restricted by signals, lights, gates, or similar controls during transport. Q2. You ask if the transportation of hazardous wastes requires drivers to register for a U.S. Department of Transportation (DOT) Number, have hazardous materials driver's license endorsement on a commercial driver's license (CDL), and meet insurance requirements.#

Page 2field office. A list of field offices and contact information is available at https://www.fimcsa.dot.gov/mission/field-offices or you may contact FMCSA Headquarters in Washington, DC at 202-385-2400. For questions regarding the HMR, you may contact the Hazardous Materials Information Center at 1-800-467-4922. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Affighte Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Re: Hazardous Materials Transporter Dear Sir / Madame: I am requesting that the USDOT offer a Federal interpretation or guidance on the regulations surrounding the transportation of hazardous materials; particularly when there are several locations considered contiguous and share one US EPA ID Number for a Large Quantity Generator of Hazardous Waste site. This issue surrounds transporting drums of hazardous waste from two of the three locations to one final 90-day storage area, located on a third property. A public road must be driven on to accomplish the task of moving hazardous waste containers from two of the three contiguous areas to the final location where the hazardous waste storage area is located. Is the transporter of the hazardous waste deemed a hazardous materials transporter that must comply with obtaining a US DOT ID Number and is the driver/carrier subject to all applicable labeling, placarding (if applicable), marking, hazardous materials driver's license endorsement requirements, insurance requirements, hazardous materials transportation training, such as HM-126, HM-181, HM215, 49 CFR Part 172, and 49 CFR Part 177 compliance as a carrier of Hazardous Materials ? Sincerely, Juan Sancanth Brian Biancavilla, Project Manager May 11, 2017#