Interpretation Response #00-0242
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 13, 2000
Mr. Michael Ritchie Reference. No. 00-0242
Minnesota Department of Transportation
Office of Motor Carrier Services
Mail Stop 420
1110 Centre Pointe Curve
Mendota Heights, MN 55120-4152
Dear Mr. Richie:
This is in response to your August 24, 2000 letter regarding the applicability of the registration requirements to various scenarios involving small quantity hazardous waste generators offering a shipment of waste at one loading facility using one vehicle for transport by highway. Specifically, you are requesting clarification on whether the offeror/generator in the following examples is required to register.
The following scenarios from your letter are presented and answered in numerical sequence:
(Ql) A Conditionally Exempt Small Quantity Generator (CESQG) offers 3 drams, with an aggregate gross weight of 1500 pounds, of Class 3 and Class 8 waste to a transporter in a single shipment. The transporter loads and removes the drums.
(Al) The generator/offeror must register.
(Q2) A generator accumulates and temporarily stores its wastes in non-bulk drums. The transporter pumps 100 gallons (700 pounds) of Class 3 waste from the drums into its 4,000-gallon capacity cargo tank vehicle, and leaves the drums with the generator for reuse as storage containers.
(A2) The generator/offeror must register.
(Q3) A generator accumulates and temporarily stores its waste in non-bulk drums. The generator offers the drums to the transporter, but the transporter opts to pump the I 00 gallons (700 pounds) of Class 3 waste from the drums to its 4,000-gallon cargo tank vehicle, rather than return with a vehicle equipped to haul drums.
(A3) The generator/offeror must register if he/she allows the transporter to use the 4,000-gallon cargo tank instead of a vehicle equipped to haul drums.
(Q4) A generator offers 2,600 pounds of Class 8 waste, which is pumped from a storage tank to the transporter's 2,500-gallon capacity cargo tank.
(A4) The generator/offeror must register.
(Q5) A hazardous materials shipper offers a non-bulk 750-pound shipment of Class 3 material to a motor carrier. The carrier already has 500 pounds of non-bulk Class 3 materials on board from another shipper. The truck now requires placards.
(A5) The shipper/offeror does not have to register.
(Q6) A transporter is hauling 6,000 pounds of electric storage batteries in conformance with the exception provided in § 173.159(e). That exception states that the shipment is not subject to the requirements of Subchapter C. The hazmat registration requirements are in Subchapter A.
(A6) The transporter does not have to register.
(Q7) A shipper offers for transportation 20 pounds of a Division 1. 1 explosive material, a Table 1 hazardous material, by highway.
(A7) The shipper must register.
I hope this answers your inquiry.
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards