Interpretation Response #24-0059

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

Interpretation Response Details

Response Publish Date: 10/17/2024

Company Name: Seattle Children’s Hospital

Individual Name: Randy Turnell

Location State: WA Country: US

View the Interpretation Document

Response text:

October 17, 2024

Randy Turnell
Hazardous Materials Program Manager
Seattle Children's Hospital
6901 Sand Point Way NE
Seattle, WA  98115

Reference No. 24-0059

Dear Mr. Turnell:

This letter is in response to your June 25, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the Environmental Protection Agency's (EPA) hazardous waste manifest requirements. Specifically, you explain that Seattle Children's Hospital (e.g., the hospital) had a vendor (e.g., contractor) package waste and sign off on a hazardous waste manifest on its behalf. You further explain that the hospital was audited by a third-party healthcare accreditation agency, which informed you that it was not permissible for a contractor to package waste and sign a hazardous waste manifest on the hospital's behalf based on their understanding that it violates the requirements of the HMR. You do not agree with the third-party healthcare accreditation agency as it is your understanding that if a person has been contracted or otherwise provided written authorization to package waste and sign a hazardous waste manifest on the hospital's behalf, then this would be permissible. Therefore, you request confirmation that a contracted vendor who is permitted to package and sign a hazardous waste manifest on the hospital's behalf is allowed.

For purposes of using the hazardous waste manifest as a shipping paper in accordance with the HMR, your understanding is correct. In accordance with § 172.205(a), no person may offer, transport, transfer, or deliver a hazardous waste unless an EPA hazardous waste manifest is prepared in accordance with 40 CFR 262.20 and is signed, carried, and given as required of that person. Furthermore, the shipper (i.e., generator) shall prepare the manifest in accordance with 40 CFR part 262. A manifest prepared by a person other than the generator can be signed by the generator, by the agent (e.g., a contractor) of the generator, or by an offeror (i.e., when the carrier is serving as that shipper and carrier).

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

172.205(a)

Regulation Sections