Question: I thought the [Ebola waste disposal] issue needing resolution by CDC, DOT, and others had to do with inconsistencies between CDC and DOT regulations, leaving haulers unable to legally accept these materials, not any inconsistency or conflict between state and federal regulations. Could you clarify that?
CDPH RESPONSE: The conflict between the DOT and the CDC with respect to the designation of Ebola waste is creating an issue regarding transportation of these wastes by existing medical waste transporters, since Category A wastes (by definition) are not considered to be “regulated medical wastes” by DOT. The Department’s original answer was in the context on the effect this conflict would have on the transportation of Ebola waste in California. California would allow the transportation of this waste because, like CDC, we agree that it should be a regulated medical waste. But because DOT regulations and its waste designation (i.e., Category A) would likely preempt California’s transportation laws/regulations, it doesn’t allow the medical waste haulers in California to transport the Ebola waste as well (might be a question to pose to CA Highway Patrol).
For more on this, look here.