{"operation":"document","citation":"02-0244","title":"Environmental Resource Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-05-27","effective_on":null,"summary":"02-0244 response to Environmental Resource Center concerning 173.197.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0244.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0244.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0244","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020244.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Departmeni\nResearch and\nof Transportatior\nMAY 27 2003\n400 Seventh St., S.W.\nWashington, D.C. 20590\nministrions\nMr. Pretlo V. Knight\nSenior Consultant\nReference No. 02-0244\nEnvironmental Resource Center\n101 Center Pointe Drive\nCary, North Carolina 27513\nDear Mr. Knight:\nThis is in response to your letter asking if \"Regulated medical waste, 6.2, UN 3291, PG II (New\nJersey treated)\" may be used to describe unused sharps and auto-claved medical waste that is\nnon-infectious under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). We\napologize for the delay in responding and any inconvenience this may have caused.\nThe answer is no. Medical waste that does not contain a pathogen, or in which the pathogen has\nbeen inactivated or neutralized so that it cannot cause disease, does not meet the definition of an\ninfectious substance in § 173.134(a)(1) and is not regulated as a Division 6.2 (infectious)\nmaterial under the HMR. As prescribed in § 172.202(e), except for the listed exceptions, the\ndescription of a material that is not a hazardous material under the HMR may not include a\nhazard class or an identification number specified in the § 172.101 Hazardous Materials Table.\nPlease note that although State and local governments may regulate hazardous materials in\ncertain instances, under federal hazardous materials transportation law, the HMR may preempt\nstate and local laws and regulations concerning hazardous materials transportation that are not\nsubstantively the same as the HMR. See 49 U.S.C. 5125.\nI hope this satisfies your request.\nSincerely,\ntatte z. mitchel\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173197\n020244\n\n<<<PAGE 2>>>\n\nENVIRONMENTAL RESOURCE CENTER\n101 Center Pointe Drive, Cary, North Carolina 27513 (919)469-1585\nEdmonson\n$173.197\nSeptember 6, 2002\nRegulated Medical Waste\n02-0244\nMr. Edward Mazzullo\nDirector for the Office of Hazardous Materials Standards\nUS DOT/RSPA (DHM10)\n400 7\" Street SW\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nI have some questions regarding shipping regulated medical waste (RMW).\nNew Jersey Department of Environmental Protection in NJAC 7:26-3A regulates medical\nif it is rendered unrecognizable through activities such as grinding or mincing. RMW in\nwaste that is both infectious and non-infectious. Medical waste becomes non-regulated only\nNew Jersey includes infectious cultures and stocks, pathological waste, human blood and\nsharps that were intended to be used, and medical waste that has been treated to render it\nblood products, sharps that were used in human or animal care, animal waste, unused\nnon-infectious.\nNJDEP also requires that generators in their state use a Medical Waste Tracking Form as\nthe shipping paper for these wastes. On the form, generators are required to use one of two\ndescriptions:\n• Regulated Medical Waste, 6.2, UN8291, PGII (New Jersey untreated)\n• Regulated Medical Waste, 6.2, UN3291, PGII (New Jersey treated)\nUntreated materials include medical waste that is infectious and would be described using\nthe first description.\nDOT regulations?\nSincerely,\nPotle V. Knight\nSenior Consultant\nPretlo V. Knight\nPorted an Ascried Pacer","truncated":false,"body_characters":3222}