Tufpak, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials 1200 New Jersey Avenue, SE Washington, DC 20590 Safety Administration JAN 2 0 2015 Mr. Brian T. Wadlinger Product Manager Tufpak, Inc. 698 Brown's Ridge Road Ossipee, NH 03864 Reference No. 14-0213 Dear Mr. Wadlinger: This is in response to your November 3, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous waste. Specifically, you ask if a person who offers a hazardous waste for transportation must meet the requirements of the HMR regardless of what state they are in. Unless specifically excepted or authorized by the HMR, the transportation of a hazardous material in commerce must be in compliance with the applicable requirements of the HMR regardless of the state. Section 171.2 states that each person who offers a hazardous material for transportation in commerce must comply with all applicable requirements of the HMR. The definition of "commerce" in § 171.8 includes transportation within the jurisdiction of the United States within a single state (intrastate) and transportation between a place in a state and a place outside of the state (interstate). I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, s.c.les Shane C. Kelley. Acting International Standards Coordinator Standards and Rulemaking Division#

Page 2Babich 171.1 Goodall, Shante CTR (PHMSA) Genial Reguis ment From: Ciccarone, Michael CTR (PHMSA) Sent: Monday, November 03, 2014 2:28 PM 14-0213 To: Hazmat Interps Subject: FW: Interpretation Letter for DOT Hazardous Waste Shante/Alice, Please submit this for a formal letter of interpretation. I spoke with Mr. Wadlinger earlier. Thanks, Mike From: Brian T Wadlinger [mailto:btwadlinger@tufpak.com] To: PHMSA HM InfoCenter Sent: Monday, November 03, 2014 11:22 AM Subject: Interpretation Letter for DOT Hazardous Waste Hello, My name is Brian Wadlinger & I am the Product Manager for a company called Tufpak Inc. We are a manufacturer of Autoclavable Biohazard Bags for hazardous waste, and as I was updating our regulatory files I came across something interesting and I was hoping you could send me a formal interpretation letter about the following: In 49 CFR it says that transportation of hazardous waste (both interstate AND intrastate) requires the DOT regulation to be followed. Is it safe to assume then, that since the "cradle to grave" law is in place, that anyone who offers hazardous waste for transport, MUST meet the DOT standards regardless of what state they are in? We make one of the only bags that truly meets the marking and labeling requirements AS WELL AS the strength requirements (tear test in BOTH the lateral and perpendicular planes). If I could get a letter from you confirming that these regulations must be met regardless of what state you are in, you would be my hero!! I look forward to hearing back from you! Thanks in advance! Brian T. Wadlinger Product Manager Tufpak, Inc. 698 Brown's Ridge Road | Ossipee,NH 03864 USA Fax: 603.539.5587 Tel: 603.539.4126 | 800.356.5632 www.TUFPAK.com BTWadlinger@Tufpak.com privilege or exempt from disclosure under applicable law. These materials are intended only for the use of the intended recipient. If Confidentiality Statement: This message and. any attached documents contain information that may be confidential, subject to you are not the intended recipient of this communication then disclosure, printing, copying, storage, modification or taking of any action in reliance to this communication is strictly prohibited. 1#