I RECEIVED A QUESTION FROM A COMPANY WITH WHICH I’VE HAD A LONG AND FULFILLING RELATIONSHIP. I WAS GLAD TO HELP WHEN I RECEIVED THIS EMAIL ON APRIL 22ND:
Hello Dan. I hope everything is going well for you.
Have you ever ran into a infectious waste that is potentially flammable too? The generator can’t even find a lab to test it and the question has come up about both EPA waste designation and DOT. Does infectious waste take precedence and you don’t need to consider the flammability for either DOT or RCRA? Just asking if you knew something off the top, don’t need to investigate.
I DID HAVE SOMETHING OFF THE TOP – AND DID A LITTLE INVESTIGATING TOO – TO DELIVER BACK AN ANSWER THAT SAME DAY:
USEPA does not regulate Medical Waste. Illinois EPA does however, as a Potentially Infectious Medical Waste. USDOT regulates as an Infectious Substance when in transportation. OSHA regulates as a BioHazard when worker exposure is a concern.
A generator is required to make a hazardous waste determination for all waste, therefore they must determine if D001 applies. If testing is not possible, they can make determination based on generator knowledge.
A separate determination is made when offered for transportation as a hazardous material per USDOT. There it will likely be a Class 3 Flammable Liquid, a USEPA hazardous waste (depending on generator status), and a Division 6.2 Infectious Substance.
Please let me know if you have any other questions.
HIS REPLY JUST A FEW MINUTES LATER:
Thank you Dan.
Have a great day,.
AND THAT WAS IT. THE ENTIRE Q&A COMPLETED IN A FEW HOURS OF AN AFTERNOON. I CAN BE JUST AS QUICK ANSWERING YOUR QUESTIONS, SO DON’T HESITATE TO ASK ME.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
A question directed to me from the CONTACT ME page of my website on January 21, 2015:
I was reading your article on infectious labeling and marking. Under marking it states that a “bulk” is (a) less than 1000 gallons or (b) greater than 1000. What about 49 CFR (Department of Transportation) §171.8 – Definitions and Abbreviations.
Bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment.
A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging.
Additionally, a bulk packaging has: * * *
(1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;
(2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or
(3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in §173.115 of this subchapter.
So therefore any package less than 119 gallons would be considered a non-bulk package. I personally have never seen an infectious or biohazard bulk package. It does not clearly state the information above – only stating a bulk is less than 1000 gallons.
Additionally, it is allowed to use either the DOT or the OSHA label correct?
I had an inspector recently tell me that I could not use the DOT label that the OSHA label was the only label allowed. Looking for some additional guidance.
My, as it turns out, overly optimistic reply that same day:
Thanks for the contact. I will research the topic and reply to you a little bit later today.
You are correct the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSa) define a bulk packaging at 49 CFR 171.8 as you indicate above.
However, your understanding of my article is not correct. In the “Package Marks” section of my article I refer to the requirements to apply a marking to different sizes of a bulk packaging. A bulk packaging with a capacity of <1,000 gal must be marked on two opposing sides; whereas a bulk packaging of ≥1,000 gal must be marked on all four sides. Both are bulk packagings as they are both >119 gallons. The 1,000 gal threshold determines where the markings are applied on the respective bulk packaging.
My article identifies the situations where the Infectious Substance HazMat label is required, when the OSHA-compliant BioHazard label may be used as an alternative to the Infectious Substance HazMat label, and when the OSHA-compliant BioHazard label is required to be used.
There are two situations (identified in the “HazMat Labels” section of my article) where the DOT Infectious Substance HazMat label is required. Perhaps that is the situation the inspector was speaking to.
I hope this helps. Please don’t hesitate to contact me with any other questions.
And on January 28, 2015, another satisfied customer (well, not really a customer as they didn’t pay me. But I’m glad to help):
Thanks!
Please feel free to contact me with any questions you may have about the transportation of hazardous materials (which includes Infectious Substances) and the regulations of the USDOT/PHMSA.
The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) creates and enforces the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials (HazMat) within the U.S. One type of HazMat regulated by USDOT/PHMSA are substances that may cause sickness or death to humans or animals: Division 6.2 Infectious Substances.
The purpose of this article is to describe USDOT/PHMSA’s classification of a Division 6.2 Infectious Substance and the hazard communication: package labels, marks, and placards required for its transportation. (more…)
USEPA does not regulate Medical Waste. Illinois EPA does however, as a Potentially Infectious Medical Waste. USDOT regulates as an Infectious Substance when in transportation. OSHA regulates as a BioHazard when worker exposure is a concern.
