American Trucking Associations — Hazardous Materials Safety Interpretation

Page 1US. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Research and special Programs Administration AUG - 6 1999 Mr. Paul Bomgardner Ref. No. 99-0096 Director, Hazardous Materials Policy American Trucking Associations 2200 Mill Road Alexandria, VA 22314-4677 Dear Mr. Bomgardner: This is in response to your letter dated April 8, 1999, regarding the placement of an U.S. Environmental Protection Agency (EPA) waste code in shipping descriptions for hazardous wastes. Specifically, you ask if a materials EPA waste code can be placed between the shipping name and hazard class. Section 172.202 (d) authorizes the placement of technical and chemical group names between the proper shipping name and hazard class. It is the opinion of this Office, that the hazardous waste code designated by the EPA for a material may be placed, on shipping papers, between the proper shipping name and hazard class. However, except for a waste, liquid or solid, n.o.s.", an EPA hazardous waste code cannot be used to satisfy the requirement to place the technical name of the hazardous material in association with the basic description. (See S 172.203 (k)) . I hope this satisfies your request. Sincerely, The omar I. Alla Thomas G. Allan Acting Director Office of Hazardous Materials Standards 172.202 990096#

Page 2AMERICAN TRUCKING ASSOCIATIONS ATA 2200 Mill Road * Alexandria, VA * 22314-4677 7 Gale * Driving Trucking's • Success §172.202 Safety Policy April 8, 1999 990096 Mr. Delmar Billings Office of Hazardous Materials Standards Research and Special Programs Administration U. S. Department of Transportation Washington, DC 20590 400 Seventh Street, SW Re: Request for clarification regarding placement of an alpha-numeric waste code in shipping paper descriptions for hazardous wastes. Dear Mr Billings: Lately, transporters have been running into difficulty in several states regarding the placement of the alpha-numeric waste code in the description of a hazardous waste on hazardous waste manifests. Carriers are being cited for placing the waste code, in lieu of the complete waste stream information, between the proper shipping name and hazard class. States have cited as their reasoning that the waste code is not a technical name, and therefore must be placed after the basic description. We disagree. Section 172.203(c)(1) permits the use of the waste code in lieu of the technical name for hazardous wastes. Section 172.202(d) states that technical and chemical group names may be entered in parentheses between the proper shipping name and hazard class or following the basic description. Since section 172.203(c)(1) permits the use of the waste code in lieu of the technical name, placement of the waste code should be governed by the provisions of section 172.202(d), and be allowed to be placed, in parentheses, between the proper shipping name and waste stream it should be considered to be a technical name by definition. This is affirmed by the hazard class. Additionally, because the alpha-numeric waste code specifically identifies the fact that section 172.203(c)(1) permits its use in lieu of the full alpha technical name. situation in our favor. The waste code should be allowed to be placed, in parentheses either We believe that Research and Special Programs Administration (RSPA) should rectify this between the proper shipping name and hazard class or following the basic description. Thank you for your assistance in this matter. If you have any questions regarding this request, please contact me on 703-838-1849. del Billings n.u.s tal fuck w/ Parel lettle in ter: 2 waster Director, Hazardous Materials Policy Ansures HAR. sir pite (703) 838-1847 * Fax: (703) 683-1934#