Interpretation Response #25-0119
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Illinois Environmental Protection Agency
Individual Name: Alyssa Hermon
Location State: IL Country: US
View the Interpretation Document
Response text:
March 17, 2026
Alyssa Hermon
Illinois Environmental Protection Agency
2520 West Iles Avenue
P.O. Box 19276
Springfield, IL 62794
Reference No. 25-0119
Dear Ms. Hermon:
This is in response to your August 26, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of regulated medical waste (RMW). Specifically, you ask about sharps containers and transport of those containers by a private carrier. You provide a scenario where sharps are generated by a resident and taken to a county, municipal, or community waste collection center, and picked up by a commercial hauler. Your understating is that the sharps in the scenario provided do not meet the definition of household waste as stated in § 171.8 and must be transported as RMW as prescribed in § 173.134(c)(2).
We have paraphrased and answered your questions as follows:
Q1. Are the sharps in the scenario provided no longer considered household waste, but instead considered RMW, once consolidated at a collection center and subsequently offered for transportation by a commercial carrier that is not associated with the local or State government?
A1. Yes, provided the RMW meets the definition in § 173.134(a)(5), including the prohibition of use for medical waste containing a Category A infectious substance. The definition of household waste does not include consolidated shipments of household hazardous materials transported from collection centers. See definition of household waste in § 171.8.
Q2. With respect to § 173.134(c)(2)(x), are sharps in containers 18-gallons or less considered RMW or household waste?
A2. For purposes of § 173.134(c)(2)(x), sharps in containers 18-gallons or less are considered RMW. PHMSA defines "sharps" in § 173.134(a)(6) as any object contaminated with a pathogen or that may become contaminated with a pathogen through handling or during transportation and is also capable of cutting or penetrating the skin or a packaging material. Sharps include needles, syringes, scalpels, broken glass, culture slides, culture dishes, broken capillary tubes, broken rigid plastic, and exposed ends of dental wires. Thus, sharps known or reasonably expected to contain a pathogen must be classified as a Division 6.2 material and transported in accordance with HMR packaging requirements. Typically, material transported as RMW is directed to § 173.197 for authorized packaging, however, sharps may alternatively be transported as RMW in accordance with provisions of § 173.134(c)(2)(x). Furthermore, see exceptions available for RMW in § 173.134(c)(1).
Q3. Are sharps in containers above 18-gallons considered RMW or a Category A or B infectious substance?
A3. Sharps in containers above 18-gallons may be considered RMW, provided the RMW meets the definition in § 173.134(a)(5). See answers A2 and A3. Sharps classified and described as "UN 3291, Regulated medical waste, n.o.s., 6.2, PG II" are directed to § 173.197 for authorized packaging. Sharps in containers containing a Category A infectious substance must be classed as an infectious substance and assigned to UN2814, UN2900, or UN3549.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division