Interpretation Response #11-0136 ([Recology San Francisco] [Mr. Billy Puk])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Recology San Francisco
Individual Name: Mr. Billy Puk
Location State: CA Country: US
View the Interpretation Document
Response text:
August 3, 2011
Mr. Billy Puk
HHWCF & Operation Manager
Recology San Francisco
501 Tunnel Avenue
San Francisco, CA 94134
Ref. No.: 11-0136
Dear Mr. Puk:
This responds to your June 9, 2011 letter regarding the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180) applicable to the transportation of household hazardous wastes, specifically aerial marine flares. You state that your organization, the Household Hazardous Waste Collection Facility for San Francisco, California, regularly collects unwanted and expired aerial marine flares from the general public in order to properly treat and dispose of them. Further, you cite an interpretation letter (09-0289) PHMSA previously issued which discussed household hazardous waste transported by a municipal government agency using either its own employees or independent contractors employed by the municipal government agency, and the applicable requirements of the HMR. Specifically, you ask whether the transportation of a consolidated household hazardous waste shipment of aerial marine flares from a collection center by a third party to a treatment, storage, and disposal facility (TSDF) for a final disposal is excepted from the HMR.
The answer is no. The exception provided in § 173.12(g) does not apply to the transportation of a consolidated household hazardous waste shipment from a collection center by a commercial carrier to a TSDF. However, the transportation of consolidated household hazardous waste by a government employee from the collection center to a TSDF, solely for noncommercial government purposes, is not "commercial" transportation for purposes of the HMR and, therefore, is not subject to regulation under the HMR (see § 171.1(d)(5)).
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.12(g), 171.1