Use of Waste Shipment Exception
Pipeline and Hazardous Materials Safety Administration · Jun 20, 2013 · Reference No. 13-0102
Interprets: 49 CFR § 173.12(b)
Reggie’s quick take
A company asked whether it may ship hazardous material samples by highway to its lab when it has not yet decided whether the samples will be disposed of or recovered. PHMSA said yes, but only if the samples will ultimately be recovered or disposed of as waste after the lab evaluates them. In that case, they may be shipped under § 173.12(b).
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your May 9, 2013 email to the Standards and Rulemaking Division of the Office of Hazardous Materials Safety requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may offer hazardous material samples for transport to your lab, via highway, in accordance with § 173.12(b)(1), when it has not been determined that the samples will be disposed of or recovered. Once the samples arrive at your lab they are evaluated for potential recovery or disposal as waste.
The answer is yes. If the samples will ultimately be recovered or disposed of as waste following evaluation by your lab, they may be transported by highway in accordance with §173.12(b).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.