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Interpretation Response #00-0295 ([Industry Research and Public Affairs] [Alice P. Jacobsohn, Esq.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Industry Research and Public Affairs

Individual Name: Alice P. Jacobsohn, Esq.

Location State: DC Country: US

View the Interpretation Document

Response text:

September 26, 2001


Alice P. Jacobsohn, Esq.               Reference No: 00-0295
Acting Director,

Industry Research and Public Affairs
Medical Waste Institute
4301 Connecticut Avenue, NW
Washington, DC 20008

Dear Ms. Jacobsohn:

This responds to your inquiry concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to household waste, particularly waste generated in connection with services rendered by a home health care provider.  Please accept my apology for our delay in responding to your inquiry and for any inconvenience this may have caused.

As your letter notes, § 173.134(b) of the HMR provides an exception from HMR requirements for any waste material, including garbage, trash, and sanitary waste in septic tanks, that is derived from households.  The term “households” includes single and multiple residences, hotels, and motels.  The intent of this exception is to exclude from regulation under the HMR waste generated by individual residences that is collected by local sanitation workers along with trash, garbage, and other non-medical household waste.

The exception in § 173.134(b) applies to regulated medical waste (RMW) generated in connection with services rendered by a home health care provider that is disposed of at a residence with other non-medical household waste.  However, you are correct that the exception in § 173.134(b) does not apply to RMW generated in connection with services rendered by a home health care provider that is removed by the home health care provider for disposal elsewhere.  In such cases, all applicable HMR requirements apply to the transportation of the RMW.

We appreciate your comments to Docket No. RSPA-98-3971 (HM-226).  Be assured that your comments will be given careful consideration as we develop a final rule.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact
this office.



Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards


Regulation Sections

Section Subject
173.134 Class 6, Division 6.2-Definitions and exceptions