Interpretation Response #02-0244 ([Environmental Resource Center] [Pretlo V. Knight])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Environmental Resource Center
Individual Name: Pretlo V. Knight
Location State: NC Country: US
View the Interpretation Document
Response text:
May 27, 2003
Mr. Pretlo V. Knight Reference No. 02-0244
Senior Consultant
Environmental Resource Center
101 Center Pointe Drive
Cary, North Carolina 27513
Dear Mr. Knight:
This is in response to your letter asking if "Regulated medical waste, 6.2, UN 3291, PG II (New Jersey treated)" may be used to describe unused sharps and auto-claved medical waste that is non-infectious under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). We apologize for the delay in responding and any inconvenience this may have caused.
The answer is no. Medical waste that does not contain a pathogen, or in which the pathogen has been inactivated or neutralized so that it cannot cause disease, does not meet the definition of an infectious substance in § 173.134(a)(1) and is riot regulated as a Division 6.2 (infectious) material under the HMR. As prescribed in § 172.202(e), except for the listed exceptions, the description of a material that is not a hazardous material under the HMR may not include a hazard class or an identification number specified in the § 172. 101 Hazardous Materials Table. Please note that although State and local governments may regulate hazardous materials in certain instances, under federal hazardous materials transportation law, the HMR may preempt state and local laws and regulations concerning hazardous materials transportation that are not substantively the same as the HMR. See 49 U.S.C. 5125.
I hope this satisfies your request.
Sincerely,
Hattie L . Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.197
Regulation Sections
| Section | Subject |
|---|---|
| 173.197 | Regulated medical waste |