When must a 21E Bill of Lading or a Material Shipping Record be used for transporting contaminated soil?
[November, 2002] The MCP requires that soil containing oil and/or hazardous material (OHM) at concentrations equal to or greater than a release notification threshold established by 310 CMR 40.0300 must be transported in compliance with the 21E Bill of Lading (BOL) requirements of 310 CMR 40.0034 and 40.0035 or hazardous waste manifest. If this material is a listed hazardous waste (other than oil), or a characteristic hazardous waste, only a hazardous waste manifest may be used. Contaminated soil containing OHM at concentrations less than an applicable release notification threshold established by 310 CMR 40.0300, or which are exempt from a release notification threshold under 310 CMR 40.0317, need not be transported in accordance with the 21E BOL provisions. Contaminated soil generated from out-of-state locations also is not subject to the 21E BOL requirements of the MCP. In these cases, however, if the soil is considered a listed hazardous waste (other than oil) or a characteristic h