New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation

Page 1U.S.Department of Transportation esearch and Administration pecial Program MAR 3 1999 Alan G. Woodard, PhD Reference No. 99-0009 Regulated Medical Waste Program Supervisor Division of Solid and Hazardous Materials New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233-7258 Dear Dr. Woodard: This is in response to your electronic messages of October 8, 1998, and January 5, 1999, asking if couriers of "Regulated medical waste, 6.2, UN 3291, PG II" are subject to the Department of Transportation's Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You stated one company, Health Care Waste Services; is proposing to use couriers to collect regulated medical waste (RMW) from doctor's offices. The answer is yes. Under § 171.1(a), intrastate and interstate shippers and carriers, including couriers, of hazardous materials, which includes certain RMW, are subject to the HMR. Examples of waste materials that are excepted from regulation under the HMR are waste from households, and corpses or anatomical remains intended for cremation or interment. See § 173.134(b)(1). As you were informed by Ms. Eileen Mack of my staff, prior to October 1, 1997, the intrastate transportation of infectious substances (Division 6.2), including RMW, was not regulated under the HMR. The scope of the HMR to include the intrastate transportation of these materials was expanded in final rules published under Docket HM-200 (January 8, 1997, 62 FR 1208; September 22, 1997, 62 FR 49560; February 18, 1998, 63 FR 8140). Compliance with the final rule requirements was mandatory beginning October 1, 1998. I hope this satisfies your request. Should you have further questions, please contact this office. Sincerely, Thatle 2. Mithell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2• ..: : Edmonson, Eileen 99-0009 Sent: From: Edmonson, Eileen Subject: To: Tuesday, January 05, 1999 9:35 AM RE: Courier Services Alan Woodard mack §11.1 Sure. But as with anything, it will have to go through channels and may take several weeks. I'll get on it this week. Sincerely, Eileen Edmonson Mack From: Alan Woodard[SMTP:agwoodar@gw.dec.state.ny.us] Subject: is Been R30, 1998 9:31 AM Courier Services During October I sent you an e-mail message inquiring whether there regulations." means intrastate carriers, including couriers, are now subject to these I hate to bother you with an additional request, but could you send me your above response in a letter. Thank you. Page 1#

Page 3Edmonson, Eileen From: Sent: Alan Woodard[SMTP:agwoodar@gw.dec.state.ny.us] Subject: I0: Edmonson, Eileen <RSPA> Thursday, December 10, 1998 10:10 AM RE: Hello -Forwarded -Reply shared this with others here and they have asked if you could formalize Your response to my message was excellent and very useful. I have this response in a letter to me. Please let me know one way or another Alan G. Woodard, Ph.D Vew York State Department of Environmental Conservatior Regulated Medical Waste Program Supervisor 50 Wolf Road Division of Solid & Hazardous Materials Albany, New York 12233-7258 Phone: (518)457-5695 E-mail: agwoodar@gw.dec.state.ny.us Fax: (518) 485-7733 >>> "Edmonson, Eileen <RSPA›" <Eileen.Edmonson@rspa.dot.gov> 10/15/98 03:20pm >>> Dear Alan - I've been trying to reach you several days by phone, but was unsuccessful. Historically, intrastate couriers of RMW were not regulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Our transportation act required us to regulate these materials in interstate commerce only. With the expansion of our regulatory applicability under Docket HM-200, starting on October 1, 1998, the effective date of the rulemaking, intrastate and interstate shipments of including couriers, are now subject to these regulations. RMW must comply fully with the HMR. This means intrastate carriers, I hope this satisfies your request. Sincerely, Eileen Sent: Thursday, October 08, 1998 8:13 AM From: Alan Woodard[SMTP:agwoodar@gw.dec.state.ny.us] To: Edmonson, Eileen <RSPA> Subject: Hello -Forwarded «File: ATTACH01.TXT>> From: SMTP:agwoodar@gw.dec.state.ny.us --Forwarded-. To: SMTP:gov@Eileen.Mack.rspa.dot, Subject: Hello MSHUB/MSHUB/R2michalc Chris/Eileen: What restrictions apply under Federal Dot regulations for a courier service used for the transport of RMW? Courier services are covered under our regulations. Health Care Waste Services is proposing to use couriers for collection of doctor's offices RMW. I see this as a Page 1#

Page 4regulations or for use of shipping papers. significant problem if they are not required to comply with any shipping Page 2#

Page 5Edmonson, Eileen From: Sent: Edmonson, Eileen Cc: To: Alan Woodard Thursday, October 15, 1998 1:38 PM Subject: Mazzullo, Ed; Mitchell, Hattie; Billings, Delmer RE: Hello -Forwarded Dear Alan - including couriers, are now subject to these regulations. I hope this satisfies your request. Sincerely, Eileen Sent: Thursdayodober 08199881@g.dec.state.ny.us? To: Edmonson, Eileen <RSPA> Sent: Thursday, October 08, Subject: Hello -Forwarded <<File: ATTACH01.TXT>> From: SMTP:agwoodar@gw.dec.state.ny.us ---Forwarded... To: SMTP:gov@Eileen.Mack.rspa.dot, Subject: Hello MSHUB/MSHUB/R2michalc of RMW? Courier services are nof covered under our regulations. Health Care Waste Services is proposing Chris/Eileen: What restrictions apply under Federal Dot regulations for a courier service used for the transport to use couriers for collection of doctor's offices RMW. I see this as a significant problem if they are not required to comply with any shipping regulations or for use of shipping papers. Page 1#

Page 6Interpretation Letters Requester Alan Woodard Date Received: 1/12/99 Company New York State Department of Tracking Number: 99-0009 Phone 518-457-5695 Revision Date: 1/12/99 Date Assigned 1/12/99 Date of Letter 1/5/99 Staff Mack First Draft Due: 2/2/99 Section 171.1 First Draft Date: Subject Applicability Concurrence Status Status Date Sign Date Signor HBP- Copy to Docket Copy to DHM-60 D Comment#