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Interpretation Response #09-0282

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12-22-2009
Company Name: Orim S.p.A. Via D. Concordia, 65    Individual Name: Mr. Fabio Maggiore
Country: IT

View the Interpretation Document

Response text:

December 22, 2009




Mr. Fabio Maggiore
Orim S.p.A.
Via D. Concordia, 65
62100 Macerata

Reference No. 09-0282

Dear Mr. Maggiore:

This is in response to your inquiry requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the transportation of hazardous waste from Italy to a metal reclamation facility in the United States. You state that the hazardous waste (ashes containing spent catalysts) will be transported by motor carrier in the United States and that the motor carrier you will be using is registered with the U.S. Department of Transportation's Hazardous Materials Registration Program. (You also state that an American trader will be involved in the export activity and that your local export authority will contact the U.S. Environmental Protection Agency (EPA) for information on its requirements.) You ask whether any additional permits must be obtained to transport the hazardous waste by motor carrier.

Additional permits under the HMR are not required, but additional permits may be required under the Federal Motor Carrier Safety Administration (FMCSA) and EPA regulations. First, to determine whether Orim S.p.A. as an offeror must register with the Hazardous Materials Registration Program, refer to § 107.606(a)(7), which excepts foreign-based companies from the registration program if they are domiciled solely outside the United States and if the country where that party is domiciled does not require persons domiciled in the United States who solely offer hazardous materials for transportation to that foreign country from places in the United States, to file a registration statement or to pay a registration fee. Otherwise, please refer to § 107.601 for the applicability of the program or access "Who Must Register" in the instruction brochure at by clicking on "Instruction Brochure." A person who offers or transports the type and amount of hazardous materials listed in the brochure (also specified in § 107.601) must register unless he meets the provisions for an exception in § 107.606. (A broker, agent or freight forwarder is not required to register unless he performs an offeror or carrier function.)

For highway transportation, a motor carrier must also comply with all applicable Federal Motor Carriers Safety Administration (FMCSA) requirements. Two helpful FMCSA websites for the motor carrier to access are and Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Hazardous Materials Division, 1200 New Jersey Avenue S.E., Washington, DC 20590, USA. The office's telephone number is 202-366-6121.

Finally, for purposes of the HMR, a hazardous waste is any material that is subject to the Hazardous Waste Manifest Requirements of the EPA specified in 40 CFR Part 262 (see §171.8 of the HMR). Certain materials that meet EPA's definition of hazardous waste are exempt from manifesting under EPA requirements. Hazardous wastes that are excepted from manifesting under EPA regulations are not regulated as hazardous wastes under the HMR, but may otherwise be regulated under the HMR as hazardous materials, hazardous substances or marine pollutants. Therefore, if the spent catalysts do not require an EPA hazardous waste manifest, you must determine whether they meet an HMR definition for a hazardous material, hazardous substance or marine pollutant and, if so, ensure that the shipments conform to all applicable HMR requirements.

I hope this information is helpful. Please contact this office should you have additional questions.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

§§ 107.601, 107.606


Regulation Sections

Section Subject
§ 107.601 Applicability