Environmental Resource Center — Hazardous Materials Safety Interpretation

Page 1J.S. Departmeni Research and of Transportatior MAY 27 2003 400 Seventh St., S.W. Washington, D.C. 20590 ministrions Mr. Pretlo V. Knight Senior Consultant Reference No. 02-0244 Environmental Resource Center 101 Center Pointe Drive Cary, North Carolina 27513 Dear Mr. Knight: This is in response to your letter asking if "Regulated medical waste, 6.2, UN 3291, PG II (New Jersey treated)" may be used to describe unused sharps and auto-claved medical waste that is non-infectious under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). We apologize for the delay in responding and any inconvenience this may have caused. The answer is no. Medical waste that does not contain a pathogen, or in which the pathogen has been inactivated or neutralized so that it cannot cause disease, does not meet the definition of an infectious substance in § 173.134(a)(1) and is not regulated as a Division 6.2 (infectious) material under the HMR. As prescribed in § 172.202(e), except for the listed exceptions, the description of a material that is not a hazardous material under the HMR may not include a hazard class or an identification number specified in the § 172.101 Hazardous Materials Table. Please note that although State and local governments may regulate hazardous materials in certain instances, under federal hazardous materials transportation law, the HMR may preempt state and local laws and regulations concerning hazardous materials transportation that are not substantively the same as the HMR. See 49 U.S.C. 5125. I hope this satisfies your request. Sincerely, tatte z. mitchel Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 173197 020244#

Page 2ENVIRONMENTAL RESOURCE CENTER 101 Center Pointe Drive, Cary, North Carolina 27513 (919)469-1585 Edmonson $173.197 September 6, 2002 Regulated Medical Waste 02-0244 Mr. Edward Mazzullo Director for the Office of Hazardous Materials Standards US DOT/RSPA (DHM10) 400 7" Street SW Washington, DC 20590-0001 Dear Mr. Mazzullo, I have some questions regarding shipping regulated medical waste (RMW). New Jersey Department of Environmental Protection in NJAC 7:26-3A regulates medical if it is rendered unrecognizable through activities such as grinding or mincing. RMW in waste that is both infectious and non-infectious. Medical waste becomes non-regulated only New Jersey includes infectious cultures and stocks, pathological waste, human blood and sharps that were intended to be used, and medical waste that has been treated to render it blood products, sharps that were used in human or animal care, animal waste, unused non-infectious. NJDEP also requires that generators in their state use a Medical Waste Tracking Form as the shipping paper for these wastes. On the form, generators are required to use one of two descriptions: • Regulated Medical Waste, 6.2, UN8291, PGII (New Jersey untreated) • Regulated Medical Waste, 6.2, UN3291, PGII (New Jersey treated) Untreated materials include medical waste that is infectious and would be described using the first description. DOT regulations? Sincerely, Potle V. Knight Senior Consultant Pretlo V. Knight Ported an Ascried Pacer#