{"operation":"document","citation":"22-0022","title":"Duke Energy Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-07-28","effective_on":null,"summary":"22-0022 response to Duke Energy Corporation concerning 172.201, 172.202, 172.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0022","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76681/220022.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 28, 2022\nMr. Charles Denny\nDuke Energy Corporation\n410 S. Wilmington Street, NC15\nRaleigh, NC 27601\nReference No. 22-0022\nDear Mr. Denny:\nThis letter is in response to your March 7, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to Environmental Protection\nAgency’s (EPA) hazardous waste manifests and hazardous materials shipping papers.\nSpecifically, you ask when it is appropriate to place an “X” before a shipping description on a\nhazardous waste manifest and whether the weight of a hazardous material listed on the shipping\npaper should be indicated as net or gross weight.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether an “X” is required in Column 9a (Hazardous Material) of a hazardous\nwaste manifest when only transporting hazardous materials.\nA1. This Office does not regulate the contents of a hazardous waste manifest. For\ninformation on how to complete a hazardous waste manifest, please contact the EPA.\nHowever, as provided in § 172.205(h) of the HMR, a hazardous waste manifest required\nby 40 CFR part 262 and containing all of the information required by Part 172 Subpart C\nof the HMR may be used as a shipping paper. In accordance with § 172.201, when a\nhazardous material and a material not subject to the requirements of the HMR are\ndescribed on the same shipping paper, the hazardous material description entry must be\nentered first, entered in a color that clearly contrasts with any description on the shipping\npaper of a material not subject to the requirements of the HMR, or must be identified by\nthe entry of an “X” placed before the basic shipping description required by § 172.202 in\na column captioned “HM.” The “X” may be replaced by “RQ,” if appropriate. This\nrequirement also applies when transporting a hazardous material without an additional\nmaterial that is not subject to the requirements of the HMR, as well.\n\n<<<PAGE 2>>>\n\nQ2. You ask whether an “X” is required in Column 9a of a hazardous waste manifest when\nonly shipping hazardous materials although the shipment includes both a hazardous waste\nand a non-hazardous waste. You also state that the shipment could contain a hazardous\nwaste and a non-hazardous waste that are both hazardous materials.\nA2. See answer A1.\nQ3. You ask whether Column 9a of the hazardous waste manifest could be filled with an “X”\nfor a hazardous waste and left “blank” for a non-hazardous waste when the shipment\ncontains a hazardous waste and a non-hazardous waste, and both are hazardous materials.\nA3. See answer A1.\nQ4. When shipping non-bulk packages identified on the hazardous waste manifest, you ask\nwhether the “net” weight of the hazardous waste in the package can be used instead of the\n“gross” weight of the package.\nA4. A hazardous materials shipping paper may use either “net” or “gross” weight to comply\nwith the hazardous materials shipping paper requirements specified in Part 172 Subpart C\nof the HMR. As stated in answer A1, this Office does not regulate the contents of a\nhazardous waste manifest and the EPA may have more restrictive requirements when\npreparing a hazardous waste manifest.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWolcott\nFrom: Mangum, Rachel CTR (PHMSA)\nTo: Dodd, Alice (PHMSA); Hazmat Interps\nCc: Jones, Breanna CTR (PHMSA)\nSubject: Interpretation Request 04/01/2022\nDate: Friday, April 1, 2022 3:15:58 PM\nAttachments: image001.png\nimage002.png\nimage003.png\n22-0022\nGreetings,\nI am submitting this LOI request for Mr. Denny regarding his questions about requirements for filling\nout shipping papers and EPA hazardous waste manifests. After an extensive phone conversation, he\nwas not satisfied with the information I found in the FM or publications on our website to answer his\nquestion. I am submitting his interpretation request to obtain more detail on the questions he has.\nHis original email that he sent to us is shown below:\n“PHMSA,\nWould appreciate some guidance and confirmation on the usage of “net” total weight on an hazardous waste\nmanifest and the usage or non-usage of the hazardous waste manifest HM column. When EPA requires the usage of\na hazardous waste manifest (eManifest), EPA’s hazardous waste manifest is used.\nForm 8700-22 Uniform Hazardous Waste Management - OMB 2050-0039\nPer Item 9 instructions, if waste identified in Item 9B consists of both hazardous and nonhazardous materials, then\nidentify the hazardous materials by entering an “X” in this item next to the corresponding hazardous material\nidentified in Item 9b. (DOT Letter of Interpretation 11-0286)\nQuestion 1: If only shipping DOT hazardous materials on the hazardous waste manifest (e-Manifest), is Column 9a\nrequired to be filled with an “X”? Since both hazardous and nonhazardous materials are not being shipped, Column\n9a appears to have the option of being left blank.\nQuestion 2: If only shipping DOT hazardous materials on the hazardous waste manifest where the shipment\nincludes both hazardous waste and nonhazardous waste, would the Column 9A be required to be filled with an “X”?\nThe shipment could involve hazardous waste that is DOT hazardous material and nonhazardous waste that is DOT\nhazardous material. Since both hazardous and nonhazardous materials are not being shipped, only hazardous\nmaterial is being shipped, Column 9a appears to have the option of being left “blank”.\n\n<<<PAGE 4>>>\n\nQuestion 3: If only shipping DOT hazardous materials on the hazardous waste manifest where the shipment\nincludes both hazardous waste and nonhazardous waste, could the 9a HM Column be filled with “X” for hazardous\nwaste and “blank” for nonhazardous waste when both are DOT hazardous material? Only DOT hazardous material\nis being shipped. Since both hazardous and nonhazardous materials are not being shipped, whether Column 9a is\nfilled with “X” or left “Blank” both appear to be options.\nPer Item 11, the total quantity of waste is to be entered. Waste quantities entered should be based on actual\nmeasurements or reasonably accurate estimates of actual quantities being shipped.\nQuestion 4: For non-bulk packages identified on the hazardous waste manifest, can “net” weight of the hazardous\nwaste in the package be used instead of the “gross” weight of the package? Per manifest guidance and for eManifest,\ntotal quantity of waste is to be provided. Whether the total weight is “net” or “gross” weight of the package is not\nindicated. Providing the “net weight” of hazardous waste would be beneficial since only the “net” weight of\nhazardous waste in the container counts towards EPA’s generator classification. Per DOT Interpretation letters, 15-\n0158, 15-0048,13-0185, 13-0052R, total quantity may be entered as net weight, gross weight, capacity, or as\notherwise appropriate.\nThanks,\nCharles (Chuck) Denny, CHMM\nDuke Energy Corporation\nDOT Hazmat and Waste SME\nEnvironmental Services\nEnvironmental Programs\n410 S. Wilmington Street, NC15\nRaleigh, NC 27601\n980-312-4232 (Cell)\n\n<<<PAGE 5>>>\n\n919-546-3669 (Fax)”\nEnd of email.\nHere is a list of resources I used:\nInterp letters 13-0170 & 11-0022\nBrochure from PHMSA website, specifically pages 3-4 discussing shipping papers:\nhttps://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-04/Hazmat-Transportation-\nReqmts-PDF-0184-0220-3-27-20.pdf\nTo clarify his question, he wants to know if he needs to indicate that the shipment is hazmat\nwith an “X” in column 9 if only hazmat is being shipped in the load. His point was that he should\nnot have to differentiate it as such if there is no other material in the shipment.\nHis email originated from Chuck.Denny@duke-energy.com on 03/07/2022. Should you have any\nquestions, please do not hesitate to reach out.\nRegards,\nRachel, HMIC","truncated":false,"body_characters":8067}