{"operation":"document","citation":"12-0109","title":"Mr. Andrew Heine — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-14","effective_on":null,"summary":"12-0109 concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120109.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\nJUN 1 4 2012\nMr. Andrew Heine\n21 Sherwood Drive\nMedford, NJ 08055\nRef. No. 12-0109\nDear Mr. Heine:\nThis responds to your letter requesting clarification of Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to household-generated solid waste. Specifically,\nyou ask whether soiled diapers packaged and offered for transportation by your customers to\na commercial carrier who then delivers them to your facility are subject to the HMR.\nThe answer is no. As specified in § 173.134(b )(13)(i) of the HMR, household waste that\ndoes not meet the definition of any other hazard class is not subject to the requirements of\nthe HMR as a Division 6.2 material but may be subject to other state, local, or tribal\nrequirements.\nI trust this satisfies your inquiry. Please contact us if we can be of any further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nMonday, May 07,2012 11:38 AM\nDrakeford, Carolyn (PHMSA)\nFW: Formal Interpretation Letter Request\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nFrom: Andrew Heine [mailto:apheinel@yahoo.com]\nSent: Monday, May 07, 2012 11:37 AM\nTo: INFOCNTR (PHMSA)\nSubject: Formal Interpretation Letter Request\nTo Whom It May Concern,\nI am writing this email to request a formal letter of interpretation. Furthermore, I am requesting to receive\nconfirmation of my classification of post -consumer dirty diapers and their applicability to the DOT's shipping\nrequirements outlined in 49 CPR 173.134 for Class 6, Division 6.2.\nI am looking to offer a recycling program for used (post-consumer) dirty diapers. The model for this recycling\nprogram is as follows: consumers will collect their own dirty diapers at their homes. Then, they will place their\ndiapers in think poly-bags and put the full poly bag into a shipping box. This shipping box will ship ground\ndirectly to my recycling facility.\nI interpret the applicability of 49 CPR 173.134 to be as follows:\nPost-consumer dirty diapers, originating from households are not classified as a Category A or Category B\nDivision 6.2 infectious substance because they are not known or reasonably expected to contain a\npathogen. Furthermore, they meet the requirements of 173.134 (b)(13)(i) Household waste and are not subject\nto the requirements as Division 6.2 materials. Since, diapers are not required to ship as a Division 6.2 material;\nthey are not subject to regulation under the HMR.\nI most sincerely appreciate your attention to this matter and look forward to your response.\n1\n\n<<<PAGE 3>>>\n\nSincerely,\nAndrew Heine\n21 Sherwood Drive\nMedford NJ, 08055\n(609) 980-4415\nApheine 1 @yahoo.com\n2","truncated":false,"body_characters":2950}