{"operation":"document","citation":"21-0085","title":"Healthcare Waste Institute — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-09-24","effective_on":null,"summary":"21-0085 response to Healthcare Waste Institute concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0085.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0085.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0085","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75946/210085.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 24, 2021\nMr. Darrel K. Smith\nPresident and CEO\nHealthcare Waste Institute\n1550 Crystal Drive, Suite 804\nArlington, VA 22202\nReference No. 21-0085\nDear Mr. Smith:\nThis letter is in response to your August 16, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements for\nthe transportation of regulated medical waste. Specifically, you seek confirmation that the\nrequirements for the transportation of hazardous materials in commerce found in the HMR apply\nto generators and carriers of regulated medical waste in quantities less than 200 lbs.\nThe answer is yes. There are requirements in the HMR applicable to the transportation of\nregulated medical waste in commerce, regardless of the aggregate quantity offered or transported\nat a given time.\nAs noted in the 2012 Utah Division of Solid & Hazardous Waste infectious waste transportation\nguidance, “OSHA and USDOT have separate regulations that apply to infectious waste. These\nregulations should be consulted by persons handling infectious waste.” This 2012 guidance,\nissued by a division of the Utah state government clarifying applicability of Utah state law, does\nnot conflict with the requirements of the HMR.\n\n<<>>\n\nTherefore, PHMSA does not intend to direct the state to revise its guidance.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\n21-0085\nPatrick\nFrom: Foster, Glenn (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hillman, Kenetha CTR (PHMSA)\nFW: Email from Chief Counsel Inbox\nThursday, August 19, 2021 4:32:46 PM\nAttachments: FW Request for interpretation.msg\nimage002.png\nAlice and Kenetha,\nPlease have the attached checked in as an Interp and assigned to a Specialist.\nThanks,\nGlenn\nFrom: Saniuk, Madison (PHMSA) \nSent: Thursday, August 19, 2021 4:16 PM\nTo: Foster, Glenn (PHMSA) \nCc: Horsley, Adam (PHMSA) ; Andrews, Steven (PHMSA)\n; Ciccarone, Michael (PHMSA) \nSubject: FW: Email from Chief Counsel Inbox\nGlenn,\nThe attached email and letter got routed to PHC to make sure it wasn’t a preemption request. Upon\nreview we realized that the letter is a general HMR applicability question/interpretation request, so\nI’m passing it along to you and your team.\nThanks,\nMadison Saniuk\nAttorney Advisor, Office of the Chief Counsel\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE, Washington, DC, 20590\nOffice: 202.366.8573 ◊ Mobile: 202.807.8850\nPRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential,\nintended only for the named recipient(s) above and may contain information that is privileged,\nconfidential, attorney work product or otherwise legally protected. If you have received this\nmessage in error, or are not the named recipient(s), please immediately notify me and permanently\ndelete this e-mail message and any attachments from your workstation and/or network mail system.\nFrom: Hollingshead, Brandon (PHMSA) \nSent: Thursday, August 19, 2021 8:55 AM\nTo: Saniuk, Madison (PHMSA) \nCc: Horsley, Adam (PHMSA) ; Tsaganos, Vasiliki (PHMSA)\n\n<<>>\n\n\nSubject: Email from Chief Counsel Inbox\nMadison,\nThe attached email and letter from the Healthcare Waste Institute came into\nthe Chief Counsel inbox. I am sending to you for review and whatever action\nis appropriate.\nThank you.\nBest,\nBrandon Hollingshead\nAssistant Chief Counsel for General Law, Office of Chief Counsel\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, Washington, DC, 20590\nOffice: 202.366.0845 ◊ Mobile: 202.604.6777\nPHMSA Home | LinkedIn | Twitter | HAZMAT | OPS\nPRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential, intended only for the\nnamed recipient(s) above and may contain information that is privileged, confidential, attorney work product or\notherwise legally protected. If you have received this message in error, or are not the named recipient(s), please\nimmediately notify me and permanently delete this e-mail message and any attachments from your workstation\nand/or network mail system.\n\n<<>>\n\n21-0085\nPatrick\n1550 Crystal Drive\nSuite 804\nArlington, VA 22202\nT 202.244.4700\nAugust 16, 2021\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\nPipeline & Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Transportation of Infectious Waste\nDear Mr. Foster:\nThe Healthcare Waste Institute (HWI) of the National Waste & Recycling Association\n(NWRA) is writing to request an interpretation on Utah’s Infectious Waste\nManagement Guidance.\n1 The HWI represents manufacturers and service providers\nas well as other professionals in the healthcare waste management industry.\nThe Healthcare Waste Institute is an advocacy organization within NWRA, a not-for-\nprofit trade group serving the interests of the solid and healthcare waste industries.\nThe Institute supports private companies across the United States that manage\nhealthcare waste, including regulated medical waste and infectious substances,\nthrough transportation and facility operations. In addition, members assist\nshippers in complying with hazardous materials packaging requirements.\nThe “Infectious Waste Transportation” section states that transporters of infectious\nwaste are regulated when they have more than 200 pounds from one source in the\nvehicle at one time and must follow US DOT requirements. This implies that US DOT\nrequirements do not apply for infectious waste below Utah’s state regulated 200-\n1 Infectious Waste Management Guidance, Utah Division of Solid & Hazardous Waste, May 2012,\naccessed August 4, 2021 at https://documents.deq.utah.gov/waste-management-and-radiation-control/solid-\nwaste/DSHW-2019-002192.pdf\n\n<<>>\n\nUtah Infectious Waste Management Guidance\nAugust 16, 2021\nPage 2 of 2\npound weight limit. However, US DOT regulates the packing, marking, labeling, and\ntransportation of regulated medical waste for transportation regardless of weight.\nWhile we understand that the state does not have any regulations governing the\ntransportation of infectious waste when it is below the weight threshold,\nnonetheless, transportation of Regulated Medical Waste falls under the US DOT’s\nHazardous Materials Regulations which preempts state regulations and thus,\ntransporters must comply with federal laws. However, facilities may not understand\nthis distinction and, as a result, based on this guidance could mix infectious waste\nwith their municipal solid waste. This jeopardizes the ability of waste transporters\nto comply with state and federal regulations. We therefore request an interpretation\nas to whether the Hazardous Materials Regulations (HMR; 49 CFR §171-180) would\npreempt this guidance and if so, if PHMSA will direct the state to revise the guidance\naccordingly. A revised guidance would provide consistency, enabling transporters to\nbetter comply with all regulations.\nHWI appreciates your consideration of our request. HWI and its members would\nwelcome the opportunity to discuss these and other concerns in further detail.\nShould you have any questions, please call Anne Germain at 202-364-3724 or e-mail\nat agermain@wasterecycling.org.\nVery truly yours,\nDarrel K. Smith\nPresident & CEO","truncated":false,"body_characters":7887}