{"operation":"document","citation":"08-0121","title":"Special Waste Disposal, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-27","effective_on":null,"summary":"08-0121 response to Special Waste Disposal, Inc. concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0121.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0121.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0121","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080121.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington. DC 20590\nj p j ~ 2 7 2009\nMr. John Grindal\nSpecial Waste Disposal, Inc.\n2850 100th Court NE\nBlaine, MN 55449\nRef. No. 08-0123\nDear Mr. Grindal:\nThis responds to your letter requesting clarification of the requirements for infectious\nsubstances and regulated medical waste (RMW) under the Hazardous Materials Regulations\n(HMR; 49 CFR parts 171-180). You ask several questions that I have paraphrased and\nanswered below:\nQ1. Our facility generates sharps contaminated with medical waste. If we were to\nchemically disinfect these sharps with a ten percent (10%) bleach solution, would they\nbe subject to the HMR as Division 6.2 materials?\nAl. A material that may or may not have contained a pathogen that has been neutralized or\ninactivated such that it no longer poses a risk is not regulated as a Division 6.2\nmaterial.\nQ2. If an offeror determines a particular medical waste presents greater hazardous\ncharacteristics than a Division 6.2, is it permissible to classify that waste with a\nsubsidiary risk of Division 6.2?\nA2. No. In accordance with $ 173.2a(c)(3), a Division 6.2 material that also meets the\ndefinition of another hazard class or division, other than Class 7, or that also is a\nlimited quantity Class 7 material, must be classed as Division 6.2.\nQ3. Is it permissible to transport a RMW that meets the definition of another hazard class\nin the same transport vehicle that also contains a non-medical waste material being\ntransported to a non-medical waste disposal facility under the exceptions for RMW in\n$ 173.134(~)(1) and (c)(2)?\nA3. The exception in $ 173.134(~)(1) permits RMW when transported by a private or\ncontract carrier to be excepted from certain labeling and packaging requirements of\nthe HMR. For other than waste cultures and stocks, there are no restrictions on the\ntypes of materials that may be transported on the same vehicle as RMW. Thus, you\n\n<<<PAGE 2>>>\n\nmay transport other non-medical waste materials on the same vehicle as RMW,\nprovided the shipment does not contain waste cultures and stocks. Additionally, if the\nRMW meets the definition of another hazard class, it must be offered for\ntransportation and transported as required by the HMR.\nThe exception in $ 173.134(~)(2) permits Category B waste cultures and stocks to be\ntransported as regulated medical waste when packaged in a rigid non-bulk packaging\nconforming to certain general packaging requirements and transported by a private or\ncontract carrier in a vehicle used exclusively to transport RMW. An exclusive-use\nvehicle is one used for the transportation of a single commodity or class of\ncommodities. Transportation in an exclusive-use vehicle in accordance with the\nexception prevents inadvertent contamination of other types of materials, including\nnon-medical waste materials. Thus, you may not transport non-medical waste\nmaterials on the same vehicle as RMW that contains waste cultures and stocks.\nAdditionally, if the RMW meets the definition of another hazard class, it must be\noffered for transportation and transported as required by the HMR.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn <PHMSA>\nFrom:\nSent:\nTo:\nCc:\nSubject:\n-. 5l I 134\nINFOCNTR <PHMSA>\nTuesday, April 29,2008 2:30 PM\nDrakeford, Carolyn <PHMSA>\n'john.grindal@swdi.com' og - 012\nREQUSET FOR INTERP: FW: Information Center CommentslQuestions\nCarolyn,\nThanks,\nRob\nThis gentleman would like a written letter of interpretation on the topics listed below.\n----- Original Message----- 0\nFrom: john.grindal@swdi.com [mailto:john.grindal@swdi.com]\nSent: Tuesday, April 29, 2008 11:42 AM\nTo: INFOCNTR <PHMSA>\nSubject: Information Center Cornrnents/Questions\nBelow is the result of your feedback form. It was submitted by John Grindal\n(john.grindal@swdi.com) on Tuesday, April 29, 2008 at 11:41:36.\nName: John Grindal\nCategory: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 -\n173.476)\nOrganization: Special Waste Disposal, Inc.\n.. .\nStreet: 2850 100th Court NE\nCity: Blaine\nState: Minnesota\nZip Code: 55449\nPhone: 612-490-2778\nFax: 612-285-9000\nComments: This e mail is sent with the intent to receive a written interpretation and\nguidance concerning the relevent HMR citations. A hospital in the process of patient care\ngenerates a waste that has contacted human bodily tissues and still contains a DOT PGIII\ntoxic substance (i.e. a hypodermic needle containing Epinephrine HCL). Additionally, an\nalcohol wipe with a resovoir of Isopropanol has contacted blood and other bodily tissues.\nThese wastes were generated in a surgical suite during an operation and both materials\nwere placed in the same sharps container. With regards to transporting this waste I have\nthe following questions:\n1) Per 173.134 (b)(4): If this waste was chemically disinfected with a 10% bleach solution\nprior to sealing the container would it be considered a Division 6.2 material when offered\nfor transport?\n2) Per 173.24a (c)(3): This citation states that an infectious substance must be classed a\ndivision 6.2. Can the 6.2 be a subsidiary hazard class if the shipper determines another\n? ? , i\" (173.2a)?\nhazard class presents a greater danger?\ner 173.134 (a) (1) (ii): If this waste is determined to be a Regulated Medical Waste,\n6.2, UN3291 can the waste also be classed a division 3 and division 6.1 as subsidiaries\n-4) Per 173.12 (b): When the above listed waste is sealed in a sharps container and placed\nwithin a DOT PGII packaging with other compatible materials, can this package be\n\n<<<PAGE 4>>>\n\ntransported on the same motor vehicle with wastes other than Medical Wastes, specifically\nhazardous wastes being transported to a non medical waste disposal facility (173.134 (c))?\nPlease let me know if you have any questions.\nThank you.","truncated":false,"body_characters":6058}