{"operation":"document","citation":"08-0271","title":"Minnesota Pollution Control Agency — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-23","effective_on":null,"summary":"08-0271 response to Minnesota Pollution Control Agency concerning 173.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0271.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0271.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0271","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080271.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMs. Teresa Gilbertson\nMinnesota Pollution Control Agency\n1420 East College Drive, Suite 900\nMarshall, MN 56169\nReference No. 08-0271\nDear Ms. Gilbertson:\nThis is in response to your e-mail asking if the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) apply to a commercial \"for-hire\" motor carrier that picks up hazardous\nmaterials from households and transports them for disposal. You state the HMR address the\ntransport of these materials by municipal governments but not those transported by for-hire\nmotor carriers.\nSection 173.12(f) excepts waste hazardous materials generated from households from having\nto comply with the HMR when transported in commerce according to applicable state, local,\nor tribal requirements. We recently added this paragraph to clarify a long-standing exception\nthat the HMR do not apply to these types of waste. See 73 FR 4600 (1/28/08; effective\n10/1/08) and 74 FR 2200 (1/14/09; effective 2/13/09). It is our understanding that such\nhousehold wastes typically are picked up at curbside by municipal governments for disposal\nin conformance with applicable state or local government requirements. In these same\nrulemakings, we also added and revised a definition for \"household waste\" in 5 171.8 that\nstates this material is any solid waste (including garbage, trash, and sanitary waste from septic\ntanks) derived from households (including single and multiple residences, hotels and motels,\nbunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use\nrecreation areas). The HMR also do not apply to Division 6.2 (infectious substance) waste\ngenerated from households (see $ 173.134(b)(13)(i)).\nWith regard to collection centers, we note that the transportation of consolidated household\nwaste material in a motor vehicle operated by a government employee, solely for non-\ncommercial government purposes, is not \"commercial\" transportation for purposes of the\nHMR and, therefore, is not subject to the requirements of the HMR (see 5 171.l(d)(5)).\n\n<<<PAGE 2>>>\n\nHowever, transportation of a consolidated hazardous waste shipment from a collection center\nby a commercial motor carrier under contract to a government entity or a commercial\nbusiness is \"commercial\" transportation for purposes of the HMR and, .therefore, is subject to\napplicable HMR requirements.\nI hope this satisfies your request.\nHattie L. Mitchell\nChief, Regulatory Review & Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolvn <PHMSA>\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR <PHMSA>\nWednesday, October 29,2008 4: 17 PM\nDrakeford, Carolyn <PHMSA>\nFW: Information Center CommentsIQuestions\n----- Original Message-----\nFrom: teresa.gilbertson@state.mn.us [mailto:teresa.gilbertson@state.mn.us] bs-027 1\nSent: Wednesday, October 29, 2008 2:54 PM\nTo: INFOCNTR <PHMSA>\nSubject: Information Center Comments/Questions\nBelow is the result of your feedback form. It was submitted by teresa gilbertson\n(teresa.gilbertson@state.mn.us) on Wednesday, October 29, 2008 at 14:54:23.\nName: teresa gilbertson\nCategory: General Information, Regulations, and Definitions (Sections 171.1 - 171.26)\nOrganization: minnesota pollution control agency\nStreet: 1420 E College Dr, Suite 900\nCity: Marshall\nState: Minnesota\nZip Code: 56169\nCountry: USA\nPhone: 507 476-4254\nFax: 507 537-6001\nComments: A Minnesota commercial company wants to start collecting household hazardous\nwaste directly from homes. This is not a government entity and they plan to charge a fee\nfor the transport service (hence would be \"in commerce\"). The USDOT/PHMSA definition of\n\"household waste\" (49 CFR 171.8, and its reference in 173.12)was added in January 2008,\nbut I find no PHMSA interpretations on this new subject. The preamble to the final rule\ndiscusses that most of these wastes are picked up by municipal governments for transport\nand disposal. It does not address pick up and transport by a for hire carrier. Can PHMSA\nprovide a written interpretation on applicibility of the HMR in this situation?","truncated":false,"body_characters":4175}