{"operation":"document","citation":"08-0041","title":"Sweetser & Associates — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-21","effective_on":null,"summary":"08-0041 response to Sweetser & Associates concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080041.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Larry D. Sweetser, Jr.\nSweetser & Associates\n2 1 1 5 Rheem Avenue\nRichmond, CA 94801\nRef. No.: 08-004 1\nDear Mr. Sweetser:\nThis is in response to your February 17,2008 letter regarding transportation of household\nwaste by government employees under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 17 1-1 80). Your questions are paraphrased and answered as follows:\nQ1. Is household hazardous waste transported by a government employee subject to the\nHMR?\nAl. The HMR apply to entities covered by the definition of \"person,\" in 5 171.8, which\nincludes a government entity offering hazardous material for transportation in\ncommerce or transporting hazardous material in furtherance of a commercial\nenterprise. The HMR do not apply to government employees who are transporting\nhazardous materials in vehicles operated by government personnel for non-\ncommercial purposes.\n42. Are shipping papers required for non- commercial household hazardous waste\nshipments when transported in vehicles operated by government employees?\nA2. No. See A1 .\n43. Does the quantity of hazardous material shipped affect applicability of hazardous\nmaterial shipments by government employees?\nA3. No. SeeAl.\n\n<<<PAGE 2>>>\n\nQ4. Are non- commercial household hazardous wastes shipments when transported\nseparately from other non-hazardous household wastes in vehicles operated by\ngovernment employees subject to the HMR?\nA4. No. SeeAl.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this ofice.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAssisting you through the regulatory maze SWEETSER & ASSOCIATES Richmond, CA 94801 Phone: (5 10) 703-0898\nFax: (5 10) 405-2020\n08-\nFebruary 17,2008\nEdward Mazzullo, Director, Standards Division\nOffice of Hazardous Materials Standards,\nPipeline and Hazardous Materials Safety Administration\nU. S. Department of Transportation\n1200 New Jersey Avenue, SE.,\nWashington, DC 20590\nRE: Household Hazardous Waste Transportation Between Locations\nDear Mr. Mazullo:\nI am requesting clarification regarding the hazardous materials transportation requirements for\nhousehold hazardous waste transported by government employees between collection locations. In\nreviewing the requirements in Federal Register / Vol. 73, No. 18 / Monday, January 28,2008, the\nstatement on page 4704 indicates that:\n[Tlransportation of consolidated household waste material in a motor vehicle by a\ngovernment employee, solely for noncommercial government purposes, is not\n\"commercial'' transportation for purposes of the HMR and, therefore, is not subject to the\nrequirements of the HMR\nThe actual regulatory text in Section 173.12 states that \"Household waste, as defined in tj 171.8 of\nthis subchapter, is not subject to the requirements of this subchapter\". But Section 171.8 states that\nthe term \"Household wastes\" \"is not applicable to consolidated shipments of household hazardous\nmaterials transported from collection centers\" thus indicating that consolidate shipments are subject\nto the hazardous materials transportation requirements. These regulations do not distinguish\nbetween household hazardous wastes transported by government employees or commercial\ntransporters as indicated on page 4704. I have include copies of the appropriate federal register\nsections.\nThe concern is both for household hazardous wastes from dedicated collection locations for these\nwastes and household wastes from load checking programs. Load checking is the practice of\nexamining incoming solid wastes for the presence of hazardous and other wastes prohibited from\nlandfilling. Any discovered prohibited waste are removed from the solid waste and either returned\nto the generator or stored for future off-site disposal. These wastes are typically managed as\nhousehold hazardous wastes.\n\n<<<PAGE 4>>>\n\nAlthough California regulates these household hazardous wastes, these wastes are exempt from\nfederal hazardous waste regulation which states that:\n40 CFR Section fj 261.4 Exclusions. (b) Solid wastes which are not hazardous wastes. The\nfollowing solid wastes are not hazardous wastes:\n(1) Household waste, including household waste that has been collected, transported, stored,\ntreated, disposed, recovered (e.g., refuse-derived fuel) or reused. \"Household waste\" means\nany material (including garbage, trash and sanitary wastes in septic tanks) derived from\nhouseholds (including single and multiple residences, hotels and motels, bunkhouses, ranger\nstations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).\nI am requesting the following clarifications of these requirements:\nIs household hazardous waste transported by a government employee from one location to\nanother exempt from DOT hazardous materials transportation requirements, especially\nregarding uniform hazardous waste manifesting and placarding? Please explain and\nprovide the citations for this exemption.\nIs a bill of lading or other shipping record still required to be used for the transport of these\nwastes?\nIf the quantity of household hazardous waste transported is greater than 1,000 pounds, does\nthis exemption still apply?\nDoes this exemption apply to household hazardous waste removed by a load checking\nprogram and transported by a government employee?\nThank you for your assistance. Many of my local government household hazardous waste\ncolleagues are awaiting your response.\nSincerely\ncc: Enclosure\nCameron Satterhwaite, U. S. Department of Transportation","truncated":false,"body_characters":5719}