{"operation":"document","citation":"14-0213","title":"Tufpak, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-01-20","effective_on":null,"summary":"14-0213 response to Tufpak, Inc. concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0213.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0213.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0213","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140213.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSafety Administration\nJAN 2 0 2015\nMr. Brian T. Wadlinger\nProduct Manager\nTufpak, Inc.\n698 Brown's Ridge Road\nOssipee, NH 03864\nReference No. 14-0213\nDear Mr. Wadlinger:\nThis is in response to your November 3, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of\nhazardous waste. Specifically, you ask if a person who offers a hazardous waste for\ntransportation must meet the requirements of the HMR regardless of what state they are in.\nUnless specifically excepted or authorized by the HMR, the transportation of a hazardous\nmaterial in commerce must be in compliance with the applicable requirements of the HMR\nregardless of the state. Section 171.2 states that each person who offers a hazardous\nmaterial for transportation in commerce must comply with all applicable requirements of the\nHMR. The definition of \"commerce\" in § 171.8 includes transportation within the\njurisdiction of the United States within a single state (intrastate) and transportation between\na place in a state and a place outside of the state (interstate).\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\ns.c.les\nShane C. Kelley.\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBabich\n171.1\nGoodall, Shante CTR (PHMSA)\nGenial Reguis ment\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nMonday, November 03, 2014 2:28 PM\n14-0213\nTo:\nHazmat Interps\nSubject:\nFW: Interpretation Letter for DOT Hazardous Waste\nShante/Alice,\nPlease submit this for a formal letter of interpretation. I spoke with Mr. Wadlinger earlier.\nThanks,\nMike\nFrom: Brian T Wadlinger [mailto:btwadlinger@tufpak.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, November 03, 2014 11:22 AM\nSubject: Interpretation Letter for DOT Hazardous Waste\nHello,\nMy name is Brian Wadlinger & I am the Product Manager for a company called Tufpak Inc. We are a manufacturer of\nAutoclavable Biohazard Bags for hazardous waste, and as I was updating our regulatory files I came across something\ninteresting and I was hoping you could send me a formal interpretation letter about the following:\nIn 49 CFR it says that transportation of hazardous waste (both interstate AND intrastate) requires the DOT regulation to\nbe followed. Is it safe to assume then, that since the \"cradle to grave\" law is in place, that anyone who offers hazardous\nwaste for transport, MUST meet the DOT standards regardless of what state they are in? We make one of the only bags\nthat truly meets the marking and labeling requirements AS WELL AS the strength requirements (tear test in BOTH the\nlateral and perpendicular planes). If I could get a letter from you confirming that these regulations must be met\nregardless of what state you are in, you would be my hero!!\nI look forward to hearing back from you! Thanks in advance!\nBrian T. Wadlinger\nProduct Manager\nTufpak, Inc.\n698 Brown's Ridge Road | Ossipee,NH 03864 USA\nFax: 603.539.5587\nTel: 603.539.4126 | 800.356.5632\nwww.TUFPAK.com\nBTWadlinger@Tufpak.com\nprivilege or exempt from disclosure under applicable law. These materials are intended only for the use of the intended recipient. If\nConfidentiality Statement: This message and. any attached documents contain information that may be confidential, subject to\nyou are not the intended recipient of this communication then disclosure, printing, copying, storage, modification or taking of any\naction in reliance to this communication is strictly prohibited.\n1","truncated":false,"body_characters":3696}