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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #11-0136 ([Recology San Francisco] [Mr. Billy Puk])

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

Interpretation Response Details

Response Publish Date:

Company Name: Recology San Francisco

Individual Name: Mr. Billy Puk

Location State: CA Country: US

View the Interpretation Document

Response text:

August 3, 2011



Mr. Billy Puk

HHWCF & Operation Manager

Recology San Francisco

501 Tunnel Avenue

San Francisco, CA 94134

Ref. No.: 11-0136

Dear Mr. Puk:

This responds to your June 9, 2011 letter regarding the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180) applicable to the transportation of household hazardous wastes, specifically aerial marine flares. You state that your organization, the Household Hazardous Waste Collection Facility for San Francisco, California, regularly collects unwanted and expired aerial marine flares from the general public in order to properly treat and dispose of them. Further, you cite an interpretation letter (09-0289) PHMSA previously issued which discussed household hazardous waste transported by a municipal government agency using either its own employees or independent contractors employed by the municipal government agency, and the applicable requirements of the HMR. Specifically, you ask whether the transportation of a consolidated household hazardous waste shipment of aerial marine flares from a collection center by a third party to a treatment, storage, and disposal facility (TSDF) for a final disposal is excepted from the HMR.

The answer is no. The exception provided in § 173.12(g) does not apply to the transportation of a consolidated household hazardous waste shipment from a collection center by a commercial carrier to a TSDF. However, the transportation of consolidated household hazardous waste by a government employee from the collection center to a TSDF, solely for noncommercial government purposes, is not "commercial" transportation for purposes of the HMR and, therefore, is not subject to regulation under the HMR (see § 171.1(d)(5)).

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


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

173.12(g), 171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.12 Exceptions for shipment of waste materials