{"operation":"document","citation":"24-0059","title":"Seattle Children’s Hospital — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-10-17","effective_on":null,"summary":"24-0059 response to Seattle Children’s Hospital concerning 172.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-12/240059.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 17, 2024\nRandy Turnell\nHazardous Materials Program Manager\nSeattle Children’s Hospital\n6901 Sand Point Way NE\nSeattle, WA 98115\nReference No. 24-0059\nDear Mr. Turnell:\nThis letter is in response to your June 25, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the Environmental Protection\nAgency’s (EPA) hazardous waste manifest requirements. Specifically, you explain that Seattle\nChildren’s Hospital (e.g., the hospital) had a vendor (e.g., contractor) package waste and sign off\non a hazardous waste manifest on its behalf. You further explain that the hospital was audited by\na third-party healthcare accreditation agency, which informed you that it was not permissible for\na contractor to package waste and sign a hazardous waste manifest on the hospital’s behalf based\non their understanding that it violates the requirements of the HMR. You do not agree with the\nthird-party healthcare accreditation agency as it is your understanding that if a person has been\ncontracted or otherwise provided written authorization to package waste and sign a hazardous\nwaste manifest on the hospital’s behalf, then this would be permissible. Therefore, you request\nconfirmation that a contracted vendor who is permitted to package and sign a hazardous waste\nmanifest on the hospital’s behalf is allowed.\nFor purposes of using the hazardous waste manifest as a shipping paper in accordance with the\nHMR, your understanding is correct. In accordance with § 172.205(a), no person may offer,\ntransport, transfer, or deliver a hazardous waste unless an EPA hazardous waste manifest is\nprepared in accordance with 40 CFR 262.20 and is signed, carried, and given as required of that\nperson. Furthermore, the shipper (i.e., generator) shall prepare the manifest in accordance with\n\n<<<PAGE 2>>>\n\n40 CFR part 262. A manifest prepared by a person other than the generator can be signed by the\ngenerator, by the agent (e.g., a contractor) of the generator, or by an offeror (i.e., when the carrier\nis serving as that shipper and carrier).\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<<<PAGE 3>>>\n\nBaker\n24-0059\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Request\nDate: Monday, July 8, 2024 3:17:43 PM\nHi Alice,\nPlease see the below interpretation request.\nLet us know if you need anything,\nJanaye\nFrom: Turnell, Randy <Randy.Turnell@seattlechildrens.org>\nSent: Tuesday, June 25, 2024 10:17 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nHello,\nI am writing to request a letter of request regarding a third party signing a hazardous waste manifest\non a company/persons behalf. My hospital was having our vendor come and package and sign the\nmanifest on our behalf. We had an audit from DNV, a healthcare accreditation agency and they\nstated it was not legal. I have always been told it was if that person was properly trained and we\neither had contract or a written letter giving them permission. I called your hotline and spoke to\nsomeone and they confirmed I was correct. I would like to have something in writing from your\nagency to show it is in fact legal to do. We have since changed that process but, we received a non\nconformity from the DNV and I also want to show that we were incorrectly cited. If you need\nadditional information from me please let me know. I appreciate you assistance with this matter.\nThank you\nRandy Turnell\nHazardous Materials Program Manager\nSeattle Children’s Hospital\nRandy.Turnell @seattlechildrens.org\nEmergency Management\n6901 Sand Point Way NE, Seattle, WA 98115\n206-987-5385 Office\n\n<<<PAGE 4>>>\n\n713-818-6105 Cell\nCONFIDENTIALITY NOTICE: This e-mail, including any attachments, is for the sole use of the intended\nrecipient(s) and may contain confidential and privileged information protected by law. Any\nunauthorized review, use, disclosure or distribution is prohibited. If you are not the intended\nrecipient, please contact the sender by reply e-mail and destroy all copies of the original message.","truncated":false,"body_characters":4565}