Interpretation Response #08-0121 ([Special Waste Disposal, Inc.] [Mr. John Grindal])

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

Interpretation Response Details

Response Publish Date: 01/27/2009

Company Name: Special Waste Disposal, Inc.

Individual Name: Mr. John Grindal

Location State: MN Country: US

View the Interpretation Document

Response text:

January 27, 2009

Mr. John Grindal

Special Waste Disposal, Inc.

2850 100th Court NE

Blaine, MN 55449

Ref. No. 08-0121

Dear Mr. Grindal:

This responds to your letter requesting clarification of the requirements for infectious substances and regulated medical waste (RMW) under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). You ask several questions that I have paraphrased and answered below:

Q1. Our facility generates sharps contaminated with medical waste. If we were to chemically disinfect these sharps with a ten percent (10%) bleach solution, would they be subject to the HMR as Division 6.2 materials?

A1. A material that may or may not have contained a pathogen that has been neutralized or inactivated such that it no longer poses a risk is not regulated as a Division 6.2 material.

Q2. If an offeror determines a particular medical waste presents greater hazardous characteristics than a Division 6.2, is it permissible to classify that waste with a subsidiary risk of Division 6.2?

A2. No. In accordance with § 173.2a(c)(3), a Division 6.2 material that also meets the definition of another hazard class or division, other than Class 7, or that also is a limited quantity Class 7 material, must be classed as Division 6.2.

Q3. Is it permissible to transport a RMW that meets the definition of another hazard class in the same transport vehicle that also contains a non-medical waste material being transported to a non-medical waste disposal facility under the exceptions for RMW in

§ 173.134(c)(1) and (c)(2)?

A3. The exception in § 173.134(c)(1) permits RMW when transported by a private or contract carrier to be excepted from certain labeling and packaging requirements of the HMR. For other than waste cultures and stocks, there are no restrictions on the types of materials that may be transported on the same vehicle as RMW. Thus, you may transport other non-medical waste materials on the same vehicle as RMW, provided the shipment does not contain waste cultures and stocks. Additionally, if the RMW meets the definition of another hazard class, it must be offered for transportation and transported as required by the HMR.

The exception in § 173.134(c)(2) permits Category B waste cultures and stocks to be transported as regulated medical waste when packaged in a rigid non-bulk packaging conforming to certain general packaging requirements and transported by a private or contract carrier in a vehicle used exclusively to transport RMW. An exclusive-use vehicle is one used for the transportation of a single commodity or class of commodities. Transportation in an exclusive-use vehicle in accordance with the exception prevents inadvertent contamination of other types of materials, including non-medical waste materials. Thus, you may not transport non-medical waste materials on the same vehicle as RMW that contains waste cultures and stocks. Additionally, if the RMW meets the definition of another hazard class, it must be offered for transportation and transported as required by the HMR.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.134(c)(1), 173.2a(c)(3)

Regulation Sections