New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUN 1 3 2013 1200 New Jersey Ave, SE Washington, D.C. 20590 Alan G. Woodard, Ph.D. Bureau of Permitting and Planning Division of Materials Management New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-7258 Reference No. 13-0068 Dear Mr. Woodard: This is in response to your March 28, 2013 e-mail and telephone conversation with a member of my staff requesting clarification on whether the transportation of used sharps collected as part of a public health program complies with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state this program permits used sharps to be collected from individuals and placed in authorized sharps containers at 198 registered locations in New York City. You further state these sharps containers are periodically picked up by persons hired to prepare them for transportation in packagings that comply with the HMR's requirements for Division 6.2 Materials of Trade (MOT). These persons then transport the completed packages by foot and/or public transportation (i.e., subway, cab, bus, or car for hire) to authorized facilities for proper disposal. You ask if the method you described for transporting these materials is in compliance with the HMR. The answer is no. As defined in § 171.8, Material of trade means a hazardous material, other than a hazardous waste, that is carried on a motor vehicle- ( 1) For the purpose of protecting the health and safety of the motor vehicle operator or (2) (3) passengers; For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle. In the example you described, none of the sharps containers are being transported by private motor carrier. Although the HMR does not specifically define "private motor carrier," this Office has interpreted this te1m to mean that a "private motor carrier" is a carrier that transports a business' own products and does not provide such transportation service to other businesses. None of the transportation vehicles you describe is a private motor carrier. You may wish to apply for --------- ---- -----------#

Page 2regulatory relief to authorize the transportation of these used sharps under the terms of a special permit. Special permits are granted on a case-by-case basis and the application procedures are set forth in 49 CFR 107.105. The Pipeline and Hazardous Materials Safety Administration's Approvals and Permits Division may be reached at (202) 366-4535. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3From: Alan Woodard [mailto:agwoodar@gw.dec.state.ny.us] Sent: Thursday, March 28, 2013 11:32 AM To: Edmonson, Eileen (PHMSA) Subject: RE: Agricultural Clearance Material Eileen: Thank you so much for your responses and for discussing the conveyance by foot and public transportation with me. As I mentioned, we are collaborating with our State Health Department on establishing sharps collection sites around the state and have 198 collection sites currently. An issue that has surfaced that involves primarily NYC where collections are made at participating facilities registered with us. Sharps containers are dropped off at the facilities and then several days later are picked up and carried by foot to a public transportation mechanism (i.e., subway, cab, bus or car for hire). The Health Department is interested in expanding this program. Is this conveyance practice acceptable and what are the packaging, labeling and shipping paper requirements that should be utilized for these mechanisms? As I indicated I can see that carrying a box labeled biohazard or otherwise onto public transportation as being very alarming within NYC and the potential for inappropriate disposal as a concern. I would appreciate it if you could provide me with a response on this. Thanks again. Alan Alan G. Woodard, Ph.D. New York State Department of Environmental Conservation Division of Materials Management Bureau of Permitting & Planning 625 Broadway Albany, New York 12233-7258 Office: (518) 402-8706 Fax: (518) 402-8681 E-Mail:agwoodar@gw.dec.state.ny.us#