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Interpretation Response #01-0313 ([IT Corporation] [Mr. Lee R. Wilmot])

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

Interpretation Response Details

Response Publish Date:

Company Name: IT Corporation

Individual Name: Mr. Lee R. Wilmot

Location State: MA Country: US

View the Interpretation Document

Response text:

January 17, 2002


Mr. Lee R. Wilmot                       Reference  No. 01-0313
Business Line Manager
IT Corporation
3 Riverside Drive
Andover, MA, 0 1810-1141

Dear Mr. Wilmot:

This is in response to your letter dated December 6, 2001, requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to hazardous waste collection centers (HWCC).  These centers are established to collect surplus and unused chemicals that are dropped off by citizens, schools, and businesses at a designated site.  Your scenarios and questions are paraphrased and answered as follows:

Ql.       Are private citizens required to follow the HMR when bringing household wastes to the HWCCs for disposal?

Al.        No. The HMR govern the safe transportation of hazardous materials in commerce as specified in § 171. 1. “n commerce” generally means in furtherance of a commercial enterprise.  A citizen who transports hazardous materials for private purposes is not subject to the HMR.

Q2.    Are school employees and community volunteers required to follow the HMR when bringing   chool wastes to the HWCCs for disposal?

A2.     No. A public school is considered a government entity, and its transportation thus is not “in     commerce.”

Q3.    Are company employees required to follow the HMR when bringing school wastes to the    HWCCs for disposal or to    the company site for use/reuse?

A3.      Yes.  Company activities are considered to be “in commerce” and thus subject to the HMR.

Q4.     Are company wastes transported to the HWCCs subject to the HMR?

A4.     Company wastes that meet the definition of a specific      hazard class or that are listed as a hazardous substance in Appendix A to § 172. 1 01 are subject to the HMR.  The type of vehicle (e.g., company-owned, rented, leased) or carrier used does not affect the applicability of the HMR.

I hope this satisfies your request.



Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions