{"operation":"document","citation":"01-0313","title":"IT Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-01-17","effective_on":null,"summary":"01-0313 response to IT Corporation concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0313.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0313.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0313","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010313.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nJAN 17 2002\nMr. Lee R. Wilmot\nRef. No. 01-0313\nBusiness Line Manager\nIT Corporation\n3 Riverside Drive\nAndover, MA 01810-1141\nDear Mr. Wilmot:\nThis is in response to your letter dated December 6, 2001, requesting clarification of the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to hazardous waste collection\ncenters (HWCC). These centers are established to collect surplus and unused chemicals that are\ndropped off by citizens, schools, and businesses at a designated site. Your scenarios and questions are\nparaphrased and answered as follows:\nQ1\nAre private citizens required to follow the HMR when bringing household wastes to the\nHWCCs for disposal?\nAl.\nNo. The HMR govern the safe transportation of hazardous materials in commerce as specified\nin § 171.1. \"In commerce\" generally means in furtherance of a commercial enterprise. A\ncitizen who transports hazardous materials for private purposes is not subject to the HMR.\nQ2.\nAre school employees and community volunteers required to follow the HMR when bringing\nschool wastes to the HWCCs for disposal?\nA2.\nNo. A public school is considered a government entity, and its transportation thus is not \"in\ncommerce.\"\nQ3.\nAre company employees required to follow the HMR when bringing school wastes to the\nHWCCs for disposal or to the company site for use/reuse?\nA3.\nYes. Company activities are considered to be \"in commerce\" and thus subject to the HMR.\n171.8\n\n<<<PAGE 2>>>\n\nQ4.\nAre company wastes transported to the HWCCs subject to the HMR?\nA4.\nCompany wastes that meet the definition of a specific hazard class or that are listed as a\nhazardous substance in Appendix A to § 172.101 are subject to the HMR. The type of vehicle\n(e.g., company-owned, rented, leased) or carrier used does not affect the applicability of the\nHMR.\nI hope this satisfies your request.\nSincerely,\nhom Bullio\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n12/10/01\n09:22 FAX 978 975 2065\nIT CORPORATION\n@001\nBAH\nIT Corporation\n3 Riverside Drive\n8171#\nTel. 978.682.1980\nAndover, MA 01810-1141\nFax. 978.975.2065\nthe group\nApplicability\nA Member of The IT Group\n01-0313\nMr. Edward Mazzullo\nDecember 6, 2001\nDirector, Office of Hazardous Materials Standards\n•\nUS DOT/RSPA (DHM-10)\n400 7t Street SW\nWashington, DC 20590-0001\nRe: Applicability of Subchapter C HM Regulations\nDear Director Mazzullo:\nI'm writing after discussing the captioned subject with Cameron in the Hazardous\nMaterials Information Center. The basic issue is whether these regulations apply to the\nransport of small quantities of certain hazardous materials to household hazardous waste\ncollection centers. Cameron confirmed that these regulations apply only if the hazardous\nmaterials are being transported in commerce. 49 CFR 171.1(a)(1) states in part\n\".. requirements ... governing - The offering of hazardous materials for\ntransportation and transportation of hazardous materials in interstate, intrastate, ...\ncommerce by ... motor vehicle ...\"\nWhile some of the transport scenarios were clearly not applicable, some were\nquestionable. Hence, this letter for clarification and interpretation.\nThe basic issue is that of transporting surplus or unused chemicals and janitorial supplies\nocal HHWC sites is permitted by not only homeowners, but also local schools, and eve\no a locai household hazardous waste collection (HHWC) site. Such transport and use o\nsmall quantity hazardous waste generators by state hazardous waste management rules.\nThis concept being the basis of this question, here are the transport scenarios to the local\nHHWC site to which interpretation of applicability of the HM rules is sought.\n1. Houschold \"wastes\" transported by homeowner in his/her own vehicle. (Rules\nverbally determined to not apply.)\n2. School \"wastes\" transported by school employee in school vehicle. (Rules verbally\ndetermined to not apply.)\n3. School \"wastes\" transported by community volunteer in volunteer's own vehicle.\n(Rules verbally determined to not apply.)\n4. School \"wastes\" transported by nearby company volunteer in volunteer's own vehicle.\n-n: (shared/proposa/8289531schools\\dotinterpretltr.doc-96\\msoffice:/\n\n<<<PAGE 4>>>\n\n12/10/01. 09:22 FAX 978 975 2065\nIT CORPORATION\n2002\nA Member of The IT Group\nIT Corporation\nMr. Edward Mazzullo\nDecember 6, 2001\nPage 2\n5. School \"wastes\" transported by nearby company volunteer in company vehicle.\n6. Company wastes transported by company employee in company vehicle.\n7. Company wastes transported by company employee in hired/rented/leased vehicle.\n8. Company wastes transported by independent trucking firm.\nnentoring companies. Further, scenarios 2-5 could be modified to transport the\nurplus/unused chemicals to a local company for use/reuse in that company's process\nalternative scenarios as well.\nShould you have any questions on this request, please call me at 978/682-1980 x 2022.\nSincerely,\nIT CORPORATION\nAuditent\nBusiness Line Manager\nLee R. Wilmot\nlee.wilmot@theitgroup.com\n-n: lshared\\proposa/1828953\\schools\\dotinterpret/tr.doc-96/msoffice:","truncated":false,"body_characters":5230}