{"operation":"document","citation":"06-0277","title":"National Solid Wastes Management Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-26","effective_on":null,"summary":"06-0277 response to National Solid Wastes Management Association concerning 172.101, 172.203, 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0277.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0277.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0277","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060277.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmer\nf Transportatio\n400 Seventh Street, S.V\nWashington, D.C. 2059(\nPipeline and\nHazardous Materials Safety\nAPR 26 2007\nAdministration\nMs. Alice P. Jacobsohn\nReference No. 06-0277\nNational Solid Wastes Management Association\nDirector, Medical Waste Institute\n4301 Connecticut Avenue, NW, Suite 300\nWashington, DC 20008\nDear Ms. Jacobsohn:\nthe requirements for transporting \"Regulated medical waste, 6.2 (infectious), UN 3291, PG\nThis corrects our January 18, 2007 response to your November 30, 2006 letter concerning\nParts 171-180) that were revised in June and December 2006 to harmonize them with\nIl\" (RMW) prescribed in sections of the Hazardous Materials Regulations (HMR; 49 CFR\ninternational requirements. See Docket Nos. PHMSA-06-25476 (HM-2151, 12/29/06, 71\nFR 78595) and PHMSA-2004-16895 (HM-226A, 6/1/06, 71 FR 32243). The correction\nconcerns our original response to your questions concerning the exceptions authorized in\n§ 173.134(c)(2) for the transportation of waste cultures and stocks. We have paraphrased\nthe questions in your November 30, 2006 letter and answered them in the order provided.\nQ1\nThe final rule issued under Docket No. HM-2151 changes the sequence of\ninformation required to describe a hazardous material on a shipping paper. but not\nthe sequence of information required on a package marking and label. Is our\nunderstanding correct?\nAl.\n§ 172.202(b) to require the UN identification number of a hazardous material to\nYes. effective January 1, 2007, the final rule issued under Docket HM-2151 revised\nappear first in its basic description on a shipping paper followed by its proper\nshipping name, hazard class and packing group for consistency with international\nrequirements. Under $ 171.14(e), this new shipping description sequence is\nmandatory as of January 1. 2013. The sequence of marking and labeling\nrequirements for a hazardous material under the HMR remain unchanged.\nQ2.\nUnder Docket No. HM-226A, the letter \"G\" was added in Column I alongside the\n172.101(b)(4) requires that HMT entries denoted with this symbol must have the\nentry on the Hazardous Materials Table (HMT: § 172.101), for RMW. Section\n172.101\n173-1346)E)\n060277\n172.203 (k)\n\n<<<PAGE 2>>>\n\nfor RMW and this makes compliance with this requirement difficult. Under\nDocket No. HM-215I the letter \"G\" no longer appears alongside this entry. Does\nthe removal of this notation mean a technical name is no longer required as part of\nthe RMW proper shipping description?\nA2.\nYes.\nQ3.\nMedical waste haulers collect hazardous materials that cannot be separated from\nRMW, such as contaminated chemotherapeutic wastes the U.S. Environmental\nthese materials are packaged and disposed of in compliance with the requirements\nProtection Agency also requires to be manifested as hazardous waste. Currently,\nfor their hazard class under the HMR, but may not be transported on the same\nvehicle as waste cultures and stocks transported in accordance with\n§ 173.134(c)(2). Would the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) consider expanding this exception to include RMW that\nmay also meet the definition of another hazard class? The Medical Waste Institute\n(MWI) asserts there is no change or increase in risk by allowing these substances to\nbe transported onboard the same vehicle with RMW when these materials are\npackaged for their hazard class and transported to facilities designed to handle these\nmaterials in conformance with the HMR.\nA3.\nThe exception in § 173.134(c)(2) permits Category B waste cultures and stocks to\nbe transported as RMW in a rigid non-bulk packaging conforming to certain\ngeneral packaging requirements when transported by a private or contract carrier in\na vehicle used exclusively to transport regulated medical waste. An exclusive-use\ncommodities; transportation in an exclusive-use vehicle in accordance with the\nvehicle is one used for the transportation of a single commodity or class of\nexception prevents inadvertent contamination of other types of materials, including\nother RMW that also meets the definition of another hazard class on the same\nnon-medical waste materials. The transportation of chemotherapeutic waste and\nvehicle as Category B waste cultures and stocks is consistent with the intent of this\nexception and, therefore, is permitted under current regulatory requirements.\n04.\nUnder 7 CFR 330.400, the U.S. Department of Agriculture, Plant and Animal\nHealth Inspection Service (APHIS), arranges compliance agreements for the proper\ndisposal of plant and animal materials imported into the United States. The\nagreements include specific requirements for handling and disposing of these\nmaterials, also known as\"regulated garbage,\" such as inspections by APHIS agents\nand the use of leakproof covered receptacles. These materials go to the same\ndisposal facilities as those for RMW, but under the HMR cannot be placed on the\nsame vehicle with RMW and take advantage of the dedicated-exclusive use vehicle\nexception for RMW waste cultures and stocks prescribed in § 173.134(c)(2).\nWould PHMSA consider expanding this exception to include APHIS regulated\ngarbage? MWI asserts there is no change or increase in risk by allowing these\nsubstances to be transported onboard the same vehicle with RMW when these\nto handle these materials in conformance with the HMR.\nmaterials are packaged for their hazard class and transported to facilities designed\n2\n\n<<<PAGE 3>>>\n\nA4. As indicated above, the intent of the exception in § 173.134(c)(2) is to prevent\ninadvertent contamination of other types of materials, including non-medical waste\nmaterials. The transportation of APHIS-regulated plant and animal waste appears\nmedical waste, as that term is defined in the HMR, the plant and animal waste is\nto meet the intent of this exception. While these materials are not regulated\nconsidered medical waste and is transported to facilities designated by local\nauthorities and designed for the disposal of medical waste. Further, under\n§ 173.134(c)(2), you may transport medical or clinical equipment and laboratory\nproducts on the same vehicle as the waste cultures and stocks covered by the\nexception, provided they are properly packaged and secured against exposure or\ncontamination. The term \"laboratory products\" is not defined in the HMR.\nHowever, APHIS-regulated plant and animal wastes are generated from\nlaboratories and health care facilities and, thus, may be considered laboratory\nproducts for the purposes of the exception.\nI hope this information is helpful. Please accept my apology for any confusion our earlier\nresponse may have caused.\nSincerely,\nSusan Gorsky\nOffice of Hazardous Materials Standards\nRegulations Officer\n\n<<<PAGE 4>>>\n\nEdmonson\n$172.101\n$172.2034GX2)\nNovember 30, 2006\nApplicabiri47, Shippingtapers\ndical\nWaste\nMs. Hattie L. Mitchell\n06 - 0277\nChief, Regulatory Review and Reinvention\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards\n400 Seventh Street, SW\nPipeline and Hazardous Materials Safety Administration\nWashington, DC 20590-0001\nDear Ms. Mitchell:\nInstitute\n(MWI) on October 12, 2006. As discussed at the\nThank you for meeting with the Medical Waste Institute\nneeting, there are a number of issues for which MW\nnembers need clarification or a change in the PHMSA's\ndescription of each of these issues.\nHazardous Materials Regulations (HMR). Below is a\nPackage Markings and Labels\n1. Interpretation on the Sequence of Information on\nnor proposed rules require a sequence of information\non package markings and labels.\nequirement such that members have a letter in the fil\nhe MWI requests a written interpretation of thi\nshould a question arise during an inspection and for\nbusiness planning purposes.\n4301 Connecticut Ave.. NW\n2. Technical Name for Regulated Medical Waste\nSuite 300\nIn the regulations under 49 CFR 171.101 (b)(4) when\nthe letter G appears in the symbol column in the\nWashington. DC 20008\nhazardous materials table a technical name must be\nincluded in parentheses after the proper shipping name\n202-364-3724 phone\non package labeling and shipping papers. The letter G\n202-364-3792 fax\nappears in this column for \"Regulated medical waste\n.o.s.\" However, there is not a technical rame fo\ndifficult.\nregulated medical waste, which makes compliance\n\n<<<PAGE 5>>>\n\nMWI Letter/November 30, 2006/Page 2 of 3\ntechnical name problem. The issue is whether the proposed rule will be finalized in this\nIn proposed rule HM-215I, the G no longer appears in the table, which would fix the\nTormat and in a timely fashion. Therefore, MWI requests that the PHMSA finalize HM-\n215l before October 2007 in the manner proposed (no technical name requirement). If\nthis is not possible, MWI requests that the PHMSA's enforcement office offer relief to\nthe regulated comrunity until rule finalization.\n3. \"Dual Substances\" and Dedicated Carrier Exception\nbasis that were not fully considered by the PHMSA in the regulations. These include\nThere are a number of materials that medical waste transporters collect on a regular\n\"dual substances\" where the regulated medical waste component cannot be separated\ncontaminated chemotherapeutic wastes listed as a hazardous waste by the U.S\nrom the other components that usually are other hazardous materials, i.e.\nEnvironmental Protection Agency and also a regulated medical waste by the PHMSA.\nincluded in the same vehicle as regulated medical waste, n.o.s. and still allow the\nUnder the current rules, a package holding these dual substances could not be\ntransporter to take advantage of the dedicated/exclusive vehicle exception.\npackaging exception.\nThe MWI is asking the PHMSA to extent the dedicated/exclusive carrier exception to\nallow for transport of these dual substances. MWI asserts that there is not a change or\n4. APHIS Waste ard Dedicated Carrier Exception\nThe U.S. Department of Agriculture's Plant and Animal Health Inspection Service\nPHMSA's regulated medical waste.\nincluded in the same vehicle as regulated medical waste, n.o.s. and still allow the\nUnder the current HMSA rules, a package holding these APHIS wastes could not be\ntransporter to take advantage of the dedicated/exclusive vehicle exception.\n\n<<<PAGE 6>>>\n\nMWI Letter/November 30, 2006/Page 3 of 3\nDepartment of Agriculture. In this situation, MWI is only asking that the dedicated\nThe HMR includes an separate exception for other materials managed by the U.S.\ncarrier exception apply to these APHIS wastes rather than a separate exception such\nthat knowledgeable people will still be handling these materials at the same level of risk\nas already considered in the HMR.\nAs discussed at our meeting, there are a number of different ways procedurally these\nor, if a letter of interpretation was possible, that this letter would serve as a sufficient\nissues may be addressed. We agreed that this letter would either serve as a first step\nrequest. If additional information is required, please contact me at 202-364-3724 or\nalicej@envasns.org. Thank you.\nSincerely,\nAlice P. fantash\nAlice P. Jacobsohn\nDirector, Medical Waste Institute\nNational Solid Wastes Management Association\ncC:\nEd Mazullo, PHMSA\nMWI Members\nEileen Edmonson, PHMSA","truncated":false,"body_characters":11189}