Interpretation Response #08-0271 ([Minnesota Pollution Control Agency] [Ms. Teresa Gilbertson])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02/23/2009

Company Name: Minnesota Pollution Control Agency

Individual Name: Ms. Teresa Gilbertson

Location State: MN Country: US

View the Interpretation Document

Response text:

February 20, 2009

Ms. Teresa Gilbertson

Minnesota Pollution Control Agency

1420 East College Drive, Suite 900

Marshall, MN  56169

Reference No. 08-0271

Dear Ms. Gilbertson:

This is in response to your e-mail asking if the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to a commercial "for-hire" motor carrier that picks up hazardous materials from households and transports them for disposal.  You state the HMR address the transport of these materials by municipal governments but not those transported by for-hire motor carriers. 

Section 173.12(f) excepts waste hazardous materials generated from households from having to comply with the HMR when transported in commerce according to applicable state, local, or tribal requirements.  We recently added this paragraph to clarify a long-standing exception that the HMR do not apply to these types of waste.  See 73 FR 4600 (1/28/08; effective 10/1/08) and 74 FR 2200 (1/14/09; effective 2/13/09).  It is our understanding that such household wastes typically are picked up at curbside by municipal governments for disposal in conformance with applicable state or local government requirements.  In these same rulemakings, we also added and revised a definition for "household waste" in § 171.8  that states this material is any solid waste (including garbage, trash, and sanitary waste from septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).  The HMR also do not apply to Division 6.2 (infectious substance) waste generated from households (see § 173.134(b)(13)(i)). 

With regard to collection centers, we note that the transportation of consolidated household waste material in a motor vehicle operated by a government employee, solely for non-commercial government purposes, is not "commercial" transportation for purposes of the HMR and, therefore, is not subject to the requirements of the HMR (see § 171.1(d)(5)). 

However, transportation of a consolidated hazardous waste shipment from a collection center by a commercial motor carrier under contract to a government entity or a commercial business is "commercial" transportation for purposes of the HMR and, therefore, is subject to applicable HMR requirements. 

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review & Reinvention

Office of Hazardous Materials Standards

173.12(f), 173173.134(b)(13)(i)

Regulation Sections