{"operation":"document","citation":"09-0289","title":"Lincoln-Lancaster County Health Department City of Lincoln Nebraska — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-02-05","effective_on":null,"summary":"09-0289 response to Lincoln-Lancaster County Health Department City of Lincoln Nebraska concerning 171.1, 171.8, 173.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0289.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0289.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0289","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090289.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFEB 5 2010\nMr. Daniel N. King\nEnvironmental Health Specialist\nLincoln-Lancaster County Health Department\nCity of Lincoln Nebraska\n3140 N Street\nLincoln, NE 68510-1514\nReference No. 09-0289\nDear Mr. King:\nThis is in response to your November 23, 2009 letter concerning requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nofhousehold hazardous wastes. Specifically, you ask if independent contractors employed by a\nmunicipal government agency to transport hazardous materials as waste from private residences\nto an approved household hazardous waste collection site or facility are subject to the HMR.\nThe answer is no. In accordance with § 173.l2(f), household waste is not subject to the HMR\nwhen it is transported in conformance with applicable state, local, or tribal government\nrequirements. \"Household waste\" includes solid waste (including garbage, trash, and sanitary\nwaste from septic tanks) derived from single and multi-family residences. See § 171.8. Thus,\nhousehold hazardous wastes transported from private residences to an approved collection site by\na municipal government agency using its own employees or contract personnel are not subject to\nthe HMR, and the employees or contract personnel collecting and transporting the household\nwaste are not subject to HMR training requirements.\nPlease note, this exception does not apply to the transportation of a consolidated household\nhazardous waste shipment from a collection center by a commercial carrier. However, the\ntransportation of consolidated household waste material by a government employee, solely for\nnoncommercial government purposes, is not \"commercial\" transportation for purposes of the\nHMR and, therefore, is not subject to regulation under the HMR (see § 171.1(d)(5)).\nI hope this satisfies your request.\n~\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMAYOR CHRIS BELITlER\nlincoln.ne.gov\nLincoln-lancaster County\nHealth Department\nBruce D. Dart, Ph.D., Health Director\n3140 \"N\" Street\nlincoln,\nNovember 23, 2009\nU.S. Department of Transportation - Pipeline\n& Hazardous Materials Safety Administration\nAttn: Edward Mazzullo, Director, Standards Div\nHazardous Materials Standards-East Bldg.\n1200 New Jersey Avenue, SE.,\nWashington, n.c. 20590\nRE: Letter ofInterpretation Request - Transportation ofHousehold\nHazardous Waste by a Municipal Independent Contractor in relation to\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\nDear Mr. Mazzullo:\nI am requesting clarification regarding the hazardous materials transportation\nregulatory requirements, if any, for household hazardous waste (HHW) transported\nby independent contractors ofa municipal government agency. As a part ofthe\nLincoln-Lancaster County Health Department's Safe Homes for Seniors pilot\nproject, these workers have received approximately four hours ofHHW awareness\nlevel training and are only expected to transport ordinary HHW from a private\nelderly residence to an approved HHW collection site and/or facility. The\ncontractors receive a small stipend for their time and efforts which are funded\nthrough state grant dollars and local funds. (See attachment 1 Safe Homes for\nSeniors Project Description)\nIt is understood from a referenced 2008 DOT interpretation letter (See attachment\n2) that:\nTransportation ofconsolidated household waste material in a motor vehicle\nby a government employee, solely for non-commercial government\npurposes, is not \"commercial\" transportation for purposes ofthe HMR and,\ntherefore, is not subject to the requirements ofthe HMR.\nAnd, as noted in 49 CFR Part 171.1 (d) as \"Functions not subject to the\nrequirements ofthe HMR:\n(5) Transportation ofa hazardous material in a motor vehicle, aircraft, or\nvessel operated by a Federal, state, or local government employee solely for\nnoncommercial Federal, state, or local government purposes\n(6) Transportation ofhazardous materials by an individual for\nnoncommercial purposes in a private motor vehicle, including a leased or\nrented motor vehicle.\nm,U£j2a~.\nLINCOLN\n\n<<<PAGE 3>>>\n\nProject Description 11112/09\nSafe Homes for Seniors -Reducing Environmental Hazards in Vulnerable Populations\nIntroduction: Health impaired persons, age 60 and older, are at greatly increased health risks\nfrom exposure to hazardous household products and waste. Toxic materials reside under sinks,\nin basements, medicine cabinets, refrigerators, and garages. Toxic products can and do worsen\nchronic or life threatening pre-existing health conditions.\nAn alarming picture emerges when one considers these facts. Person who are older and health\nimpaired are:\n• More apt to have a large, lifelong accumulation ofhazardous products.\n• More apt to have more dangerous EPA-banned products.\n• More horne-bound and spend most, ifnot all, oftheir time indoors.\n• Much less able to process and eliminate toxic elements from their bodies.\n• Less physically able to reduce exposure by participating in community collection\nefforts.\nPurpose: The sole purpose ofSafe Homes for Seniors (SHS) is to reduce environmental health\nhazards and risk in the homes ofthe most medically fragile, most horne-bound, older persons.\nAuspices: SHS operates under the auspices of and is a collaborative project ofthe LincolnLancaster\nCounty Health Department (LLCHD) and the Aging Partners' agency. The project\ncombines the expertise and resources ofLLCHD's Environmental Health Division with that of\nAging Partners' Horne Handyman Service and Life Office.\nApproach and Services: SHS employs a twofold approach to reduce environmental risks:\nThe project directly reduces risk by assessing homes, sorting and identifying hazardous products,\nsafely removing toxic products, and appropriately disposes them.\nUpon completion of approximately four hours of classroom and applied household hazardous\nwaste awareness level training, Horne Handymen are expected to perform in-horne assessments\nand material sorting with the plan to remove any unwanted/unneeded material and waste as\ndetermined by the homeowner or occupant. LLCHD staffwill work cooperatively with Horne\nHandymen throughout the entire process. Any household hazardous materials and/or waste will\nbe removed using both private and government owned vehicles.\nSecondly, SHS uses public health education to increase awareness and prevent hazards from\naccumulating. SHS teaches older persons environmentally-sound purchasing, use, recycling,\nstorage, and disposal practices.\nTarget Population: The project's horne remediation services are primarily focused on Lancaster\nCounty residents who are age 60 and older, chronically health impaired, and largely confined to\ntheir horne. Educational services are more widely available to older persons, families,\ncaregivers, and the staff ofagencies that provide aging services.","truncated":false,"body_characters":7044}