Inscite — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. research and MAR 24 2000 Edward Krisiunas, MT (ASCP), Reference No. 99-0106 CIC, MPH Director, Inscite 115 Lyons Road Burlington, CT 06013 • Dear Mr. Krisiunas: This is in response to your letter concerning a provision in 49 CFR 173.134 that excepts waste transported from households from regulation under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked for a clarification of what constitutes household waste. You also asked us to explain why regulated medical waste (RMW) that is transported by a courier from a physician's office is regulated under the HMR but it is not regulated when generated by a home health care provider and discarded in household waste. I apologize for the delay in responding and any inconvenience this may have caused. Household waste is not subject to the requirements in the HMR. (See § 173.134(b)(1)(v).) In 1989, the Environmental Protection Agency (EPA) published an interim final rule (54 FR 12326, 12339) that implemented a two-year demonstration program for regulating medical waste. EPA excluded from regulation medical waste from households, including that generated by a home health care provider. I have enclosed a copy of the preamble discussion on household waste that appeared in the EPA final rule. We agreed with EPA's position. When we amended our infectious substance requirements in the HMR and added a definition for RMW, we provided a similar exclusion for household waste (56 FR 66124, 66142). I hope this satisfies your request. Sincerely, Hothe 2. Mithell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosures 173.134 990106 -#

Page 2mack $173.134 INSCITE BURLINGTON, 115 LYONS ROA PHONE • (860) 675-1217 :т 0601 LEADERSHIP THROUGH KNOWLEDGE OFFICES IN BURLINGTON. CTAND HOUSTON Tx FAX • (860) 675-1311 99-0106 April 14, 1999 Hattie Mitchell Abele by U.S. Department of Transportation Research and Special Programs Administration Program 400 Seventh Avenue, S.W Washington, D.C. 20509 Dear Ms. Mitchell, I am writing in response to your letter to Dr. Woodard, Reference # 99-0009, on the transportation of "Regulated Medical Waste, 6.2, UN 3291, PG I' by couriers. The letter states "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". I request a clarification on what constitutes household waste and what appears to be the exception of HMR for couriers who remove RMW from households. I raise this issue because I believe this is inconsistent with your regulations. MR - removal of RMW from a doctor or dentist's office by a courier service require Your statement above clearly indicates couriers of hazardous materials are subject to the mpliance with the HMR. I believe the logic that applies here is what is the waste (RMW), wh is generating the waste (healthcare professional), and who is removing the waste (courier). Would not the same logic apply to RMW generated in the home by the same health care professional and transported in commerce by the same courier service? The use of home health care has expanded not only in the U.S but also across the world. Procedures, services, and treatment once conducted in the acute care setting are now occurring in offices and residences. The resulting waste stream generated pursuant to these services includes but is not limited to sharps and chemotherapeutic agents in both settings. In both instances, the healthcare professionals generate the same hazardous material. In both instances, the courier transportation in commerce. would be transporting the same type of hazardous material. These couriers are conducting I believe the exception for waste from households, which you referenced in your letter to Dr. Woodard, applies to waste actually generated by the homeowner as a consequence of the homeowner's personal healthcare and disposed of by the homeowner along with other non- 1 in-site (in' sit' ) n. 1 the ability to see and understand clearly the inner nature of things#

Page 3INSCITE LEADERSHIP THROUGH KNOWLEDGE hazardous household waste. I would agree it is unrealistic and impossible to regulate the ndividual homeowner. In most instances, the US EPA does not regulate hazardous waste enerated by the homeowner for purely practical reasons. This is addressed by programs in plac at the local level to assist homeowners in the disposal of hazardous waste materials and other hazardous materials they may accumulate. I note emphasis on who is generating the waste and the transportation in commerce of that waste. The movement of health care from the acute care setting to the home environment has I look forward to your response. Regards, Eel Kusunos Edward Krisiunas, MT(ASCP), CIC, MPH Director Cc: Alan Roberts, RSPA Ed Mazzulo, RSPA Alan Woodard, Ph.D., NYSDEC 2 in-site (in' sit') n. 1 the ability to see and understand clearly the inner nature of things -#