Rubbermaid Commercial Products, LLC — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 lesearch ane Administration pecial Program JUN 6 2000 Mr. Michael A. Roby Reference No. 00-0091 Manager, Technical Service Center Rubbermaid Commercial Products, LLC 3124 Valley Avenue Winchester, VA 22601 Dear Mr. Roby: This is in response to your March 29, 2000 letter, and telephone conversations with a member of my staff, concerning the criteria prescribed in 49 CFR 173.197 for regulated medical waste (RMW) packagings. You stated that your packaging, designed for solids only, consists of a polyethylene bag closed with a twist tie and placed inside a non- specification, plastic pail with a removable snap-lock lid. You asked whether a package intended for a solid material is considered to have successfully passed the performance tests if the inner liner (bag) is punctured but the outer packaging remains intact. The answer is no. The RMW packaging in § 173.197 is a UN specification packaging at the Packing Group II level. If the inner package of a combination package could be opened in any way, e g., torn, punctured, ruptured, etc., during routine testing or normal transportation conditions, the package does not meet'the general packaging requirements. However, the packaging you described is a non-specification packaging. Section 173.134(b)(3) permits RMW to be transported in a non-specification packaging that. meets the general packaging requirements in §§ 173.24 and 173.24a and the packaging requirements specified in 29 CFR 1910.1030. Under § 173.24(b), a package used for the shipment of hazardous materials shall be made, filled, and closed, so that under normal transportation conditions no hazardous material release can be identified and the effectiveness of the package will not be substantially reduced. For your information, please note that § 173.134(b)(3) further requires a non-specification RMW packaging to be marked with the BIOHAZARD mark and transported by private or contract motor carrier. I hope this satisfies your request. Sincerely, totte I. Mittel Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 000091 173.197#

Page 2MA K. 1 / 14:00 Mach EAX MESSAGE $173.197 00 - 0091 FAX NO: 202/366-3012 TO: U.S. DOT : Resourch and Special Programs Aammi 8422/DHM-10 FROM: RCP LLC ATTN: TOM ALLAN, REGULATIONS OFFICER SUBJECT: 49 CFR 173.197 (Enclosed-pog.z) MESSAGE: DEAR MR. ALLAN;. Please reference page z, for an interpretationi It 173•197 (49 CFR). Thank you in advance for your revier and response. the Robr Rubbermaid lubbermaid Commercial Products LL A Divislon of AssakRubharmak Michael A. Roby - Manager • Tochnical Service Center 3124 Valley Avenue, Winchester, VA 22801 540 542-6383, Fax: 540 542-8434 E-mal: mroby@rubbembid@@mrnercial.com Regular Fax No: 509052-85334 8434 Rubburmaid o Phone: 570 542-8363 Rubbermald Commercial Products Inc. Email: stewabletsanesom mroby@rubbermaidcommercial.com Date: -03/29/00 1 of 3#

Page 3MA 14:00 KUBDEAMA IN WAIS Do iment Pairicvat http://aquid.law.comell.cdu/cgi-bur/got..i7TTLE-49&PART-173&SECTION~197&TYPE=TEXT ¡Code of Federal Regulations] [Revised as of October 1, 1999] CITE: 49CER179, 197: 'rom the U.s. Government Printing Office via GPO Acces: [Page 4801 TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARIMENT OF TRANSPORTATION PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table Of Cont Subpart 2--Non-bulk Paokaging fox Cassous Materlals other Than claos 2 Sec. 123.197 Regulated medical waste. le requirements of part 178 of this subchaptex at the Packing Głoup i egulated medical waste must be packaged in packagings conforming ! performance level. The packagings must be: (a) Rigid; (C) Impervious to moisture; (b) Leak resistant; noxmal conditions of use and handling; (d) Of sufficient strength to prevent tearing or bursting under f) Puncture resistant for sharps and sharps with residual fluidg; Sealed to prevent leakage during transporti and quantities greater than 20 "cubic (g) Break-resistant and tightly lidded or stoppered for fluids in centimeters, Sept. 27, lAmdt. 173-224, 56. I8 66271, Dec. 20, 1991, as amended at 64 ER 51919, 03/29/00 Question: Per 173.197, if we have an outer antamer with an inner lier and during the varions tests, re. Drop, Vibration, the inner liner (bag) is punctured, but when the contamer is pot on it's side and nothing leaks out to the exterion of the surer container-"Does this condition meet the intent of this regulation fi (Hauling "solids" not liquids). YAM#