Action
Notice of administrative determination of preemption by RSPA's Associate Administrator for Hazardous Materials Safety.
Summary
Federal hazardous material transportation law preempts the following requirements because they are not substantively the same as requirements in the Federal hazardous material transportation law and the HMR: (1) 105 CMR 480.100(a) that storage containers must be "rodent proof" and "fly-tight" when those containers are used for transporting medical waste in commerce, including preparing medical waste for transportation in commerce. (2) 105 CMR 480.200(C) that 3 mil bags must be used for waste that is transported off-site. (3) 105 CMR 480.200(E) that pathological waste and contaminated animal carcasses must be double-bagged in 3 mil bags when transported off-site for disposal. (4) 105 CMR 480.300(A) that a distinctive label must be used on a container of "sharp wastes * * * to indicate that it contains sharp waste capable of inflicting punctures or cuts" when those containers are used for transporting medical waste in commerce, including preparing medical waste transportation in commerce. (5) 105 CMR 480.300(B) that a label with the name, address, and telephone number of the generator must be placed on "every container or bag of waste that has not been rendered noninfectious and which will be transported off the premises of the waste generator." (6) 105 CMR 480.500(C) that the generator of medical waste must designate on a manifest the address of the delivery site, that the transporter and disposal facility must sign the manifest, and that the disposal facility must return the signed original to the generator. (7) 105 CMR 480.500(E) that the generator must retain more than one copy of the manifest, and retain a copy of the manifest for more than 375 days after the material is accepted by the initial carrier. The following requirements are not preempted to the extent that they are applied and enforced in the same manner as requirements in the HMR: (1) 105 CMR 480.500(A) & (B) that the generator of medical waste to be transported in commerce must prepare a shipping paper or manifest that includes a description of the waste, the total quantity, and the type of container in which the waste is transported. (2) 105 CMR 480.500(C) that the generator of medical waste must sign the manifest.