Johnson Law Office, PC — Hazardous Materials Safety Interpretation

Page 1= • of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. Special Programs Research and 20590 Administration JAR | 4 1998 Ms. Joanna L. Johnson Johnson Law Office, PC 1028 Harvard Avenue Billings, MI 59102 Dear Ms. Johnson: This is in response to your letter concerning a combustible liquid la spent solvent having a flash point of 40.5°C (105°F) that is being transported to a facility to be reclaimed. You are correct in your understanding that if the spent solvent is exempt from the Environmental Protection Agency's Hazardous waste Manifest requirements and is not a hazardous substance or marine pollutant, it is not subject to the Hazardous Materials bulk packages. (See $ 173.150 (f) (2).) Regulations (HMR; 49 CFR, Parts 171-180) when packaged in non- I hope this information is helpful. If you need additional information, please do not hesitate to contact this office. Sincerely, Hathe a Mitthe Hattie I. Mitchell, Chief Exemptions and Regulations Termination Office of Hazardous Material Standards#

Page 2Me alitye Fele 173150 Johnson Law Ofice, P.C. 510 Joanas La Juhrvin, Artornes за!!". April 3, 1997 Sent Via U.S. Mail and Facsimile Mr. Edward Mazzulle Director Office of Hazardous Materials Standards Nassif Building Washington, DC 20590 fax (202) 366-3753 Re: Verification of the Applicability of 40 CFR § 262.20(e) to 49 CFR §$ 171.8 & 173.150 Dear Mr. Mazzullo: The National Independent Parts Cleaners Association ('NIPCA") requests formal verification with regard to the applicability of the reclamation agreement exemption for hazardous waste generators in 40 CFR §262.20(e) in the context of 49 CFR §§ 171.8 & 173.150. To put it in practical terms, many NIPCA members are involved in reclamation agreements with their customers pursuant to 40 CFR §262.20(e). These members deliver fresh solvent in 16 and 30 gallon drums to their custemers and later retrier e the drums after the customers have utilized the solvent and it is technically a hazardous waste. Thereafter, the members recycle the spent solvent. The vehicles used to transport the spent solvent to the recycling facilities and to deliver regenerated material back to the generator-customers are owned and operated by the members. Under 40 CFR § 262.20(e), NIPCA members and their customers acting under this type of reclamation agreement are exempt from U.S. EPA's Hazardous Waste Manifest Requirements. Section 173.150(f)(2) states: "'It)he requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bull: packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant." Spent solvent is neither a hazardous substance nor marine pollutant and, when transported under a reclamation agreement, it is not even a hazardous waste. Section 171.8 defines#

Page 3.F.7- NES. DHAT IO 102x Horsed Iron, Biling, Mentors 20102 1991 8IDO IlW Mr. Edward Mazzullo Director Office of Hazardous Materials Standards Nassif Building Washington. DC 20590#