{"operation":"document","citation":"00-0041","title":"Household Hazardous Waste Management Program — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-10-18","effective_on":null,"summary":"00-0041 response to Household Hazardous Waste Management Program concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000041.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. D.C\nSpecial Programs\nResearch and\nAdministration\nOCT 1 8 2000\nMr. Robert Fiederlein\nReference No. 00-0041\nCity of Houston\nHousehold Hazardous Waste\nManagement Program\n11500 South Post Oak\nHouston, TX 77035\nDear Mr. Fiederlein:\nThis is in response to your letter and telephone conversations with me and a member of my staff\nconcerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) to household hazardous waste management programs established by municipalities.\nThese programs are established to collect household hazardous wastes, such as solvents,\npesticides, etc., that are dropped off by citizens at a designated city-owned site. Your scenarios\nand questions are paraphrased and answered as follows:\nQuestion 1: Through a contractual agreement with the municipality, a contractor assumes generator\nstatus and all responsibilities for the hazardous materials. As such, the contractor oversees\ncollecting, packaging, and transporting the hazardous wastes to a disposal facility using its own\nvehicles and personnel. Under § 171.2(a), would the city be considered an offeror of the\nhazardous materials?\nAnswer: No. The contractor has consented by contractual agreement to perform all offeror and\ncarrier functions and, therefore, assumes all responsibilities for ensuring that the hazardous waste\nshipments meet the requirements in the HMR.\nAnswer: No. A state or local government entity that transports hazardous materials in vehicles\noperated by government personnel for non-commercial purposes is not a \"person\" for purposes of\n§ 171.2 and, therefore, is not subject to the HMR. However, based on the definition of a \"person\"\nin § 171.8, if the purpose is commercial or if the government entity offers the hazardous material for\ntransportation to a commercial carrier, then the HMR apply.\n000041\n\n<<<PAGE 2>>>\n\nI hope this satisfies your request.\nSincerely,\nHo the 2. mithell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\n-\nRobert\nATIN:\nCity of Houston\nILENE\nHHW Mgt. Program\n8/5/00\nFax\nTo:\nUSDOT/RSPA/Ofc Haz Mati Safety\nFrom: Robert Fiederlein\nFax:\n202.366.7012\nPages: 1\nPhone:\nDato: 02/04/00\nRe:\nRegulatory Interpretation\nCC:\nD Urgent\n• For Review\n• Please Comment Please Raply\n• Please Recyclo\n• Comments:\nDear Sirs:\nPlease assist us with an interpretation of the HMR with regards to two points:\n1. 49CFR171.2(a) states that \"No person may offer or accept a hazardous material for\nPresently, many household hazardous waste management\nprograms collect materials (waste solvents, pesticides, etc.) from citizens that are USDOT\nhazardous materials and package and ship these materials for proper disposal. Most cities do this\non city property but who, through a contract with the city, has agreed to assume generator statu\ntilizing a hazardous waste contractor who oversees the collection and transport of these material:\nand all responsibility for the hazardous materials. Question: Would the city be considered a\nperson offering a hazardous material for transportation?\n, 49CFR171.2(b) states that \"(No person may transport a hazardous material in commerce...'\nIf a municipality were to collect household hazardous wastes (waste solvents\nWe appreciate your expeditious attention to this request. Any further information regarding this request\nmay be obtained by calling me at 713.551.7353, between 8am and 5pm CST.\nRobert Fiederlen/City of Houston HHW Mgt. Program/713.551.7353/fax713.726.7154","truncated":false,"body_characters":3568}