{"operation":"document","citation":"16-0019","title":"St. Johns County Utility Department — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-19","effective_on":null,"summary":"16-0019 response to St. Johns County Utility Department concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160019.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n1200 New Jersey Avenue, SE\nof Transportation\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nMAY 1 9 2016\nTony Cubbedge\nSt. Johns County Utility Department\nEnvironmental Division Manager\n1205 SR 16\nSt. Augustine, FL. 32084\nRef. No.: 16-0019\nDear Mr. Cubbedge:\nThis letter is in response to your February 2, 2016, email requesting the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of\nsanitary sewage and sewage sludge. In your email, you state that you are looking to hire\ncontract hauling for the transportation of sanitary sewage and sewage sludge from one\nwastewater plant to another for further processing. You note that one of your potential\ncontractors is concerned these materials could be classified as a hazardous material under the\ninfectious substance definition. Specifically, you ask whether sanitary sewage and sewage\nsludge are regulated as a Division 6.2 infectious substance under the HMR.\nThe answer is no. As provided in § 173.134(b)(13)(ii) and (iii), any waste or recyclable\nmaterial other than regulated medical waste, including sanitary waste or sewage and sewage\nsludge or compost, are not subject to the requirements of the HMR as Division 6.2 materials.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n-Allenn Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n1\n\n<<<PAGE 2>>>\n\nNickels\n5173.134(6)13\nExceptions\nDodd, Alice (PHMSA)\n16-0019\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nTuesday, February 02, 2016 3:36 PM\nTo:\nHazmat Interps\nSubject:\nFW: Sludge hauling\nDear Shante and Alice,\nForwarded is a request for formal letter of interpretation. Mr. Cubbedge spoke with Jordan.\nThanks,\nShelby\nFrom: Tony W. Cubbedge [mailto:twcubbedge@sjcfl.us]\nTo: Rivera, Jordan CTR (PHMSA)\nSent: Tuesday, February 02, 2016 7:25 AM\nCc: Bubba Solana\nSubject: RE: Sludge hauling\nThank you Jordan,\nAfter reviewing 49 CFR 173.134 (b) 13, it appears that sanitary sewage and sewage sludge is exempt. Can you please\nThis is not an area of expertise I possess, but it appears to be a rather straight forward exception provided by this part of\nthe rule. Thank you for this clarification,\nTony Cubbedge, MS, PWS\nEnvironmental Division Manager\nSt. Johns County Utility Department\n1205 SR 16\nSt. Augustine, FL 32084\n(904) 209-2620\nPLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns\nCounty Board of County Commissioners and employees regarding public business are public records available to the\npublic and media through a request. Your e-mail communications may be subject to public disclosure.\nFrom: jordan.rivera.ctr@dot.gov [mailto:jordan.rivera.ctr@dot.gov]\nTo: Tony W. Cubbedge\nSent: Monday, January 25, 2016 4:32 PM\nSubject: RE: Sludge hauling\nDear Tony,\nWe have received your inquiry about the hazardous materials regulations (HMR) (49 CFR Parts 171-180). Please note\nthat this response from the Hazardous Materials Information Center and its regulatory specialists is considered informal.\nThe HMR prescribes the requirements of the Department of Transportation governing the offering and transportation of\nhazardous materials in interstate, intrastate, and foreign commerce by rail car, aircraft, motor vehicle, and vessel. While\n\n<<<PAGE 3>>>\n\nwe cannot provide an exhaustive list of each applicable requirement, we suggest you review section 173.134(a) and (b)\nfor additional information on classification of an infectious substance and exceptions. The hazardous materials\nregulations are available at the following URL:\nhttp://phmsa.dot.gov/regulations\nAdditionally, you may wish to review the following Infectious Substance Guidance Document at the following URL:\nhttp://phmsa.dot.gov/vgn-ext-\ntemplating/v/index.jsp?vgnextoid=be0d5f29a45b3110VgnVCM1000009ed07898RCRD&vgnextchannel=4f347fd9b896b1\n10VgnVCM1000009ed07898RCRD&vgnextfmt=print\nIf you require further assistance, you may contact the Hazardous Materials Information Center by phone expected to\nresume Tuesday January 26, 2016 at 9:00 AM EST.\nThe HMIC is staffed with regulatory specialists who can quickly answer your questions by phone, Monday through\nFriday, 9 AM - 5 PM EST at 1(800) 467-4922 or +1 (202) 366-4488.\nSincerely,\nJordan, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: Tony W. Cubbedge [mailto:twcubbedge@sjcfl.us]\nTo: INFOCNTR (PHMSA)\nSent: Monday, January 25, 2016 9:47 AM\nCc: Bubba Solana\nSubject: Sludge hauling\nCan you please direct me to a contact to assist with this inquiry?\nWe are looking at contract hauling of our sludge from one wastewater plant to another for further processing. One of\nour contractors was concerned this would be classified a hazardous material under the infectious substance\ndefinition. It appears that sludge is exempt (see attached sheet). Can I please get clarification on this? Thank you,\nTony Cubbedge, MS, PWS\nEnvironmental Division Manager\nSt. Johns County Utility Department\n1205 SR 16\nSt. Augustine, FL 32084\n(904) 209-2620\nPLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns\nCounty Board of County Commissioners and employees regarding public business are public records available to the\npublic and media through a request. Your e-mail communications may be subject to public disclosure.\n2","truncated":false,"body_characters":5625}