Interpretation Response #13-0019 ([G2 Revolution LLC] [Mr. Troy Erickson])

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

Interpretation Response Details

Response Publish Date: 05/31/2013

Company Name: G2 Revolution LLC

Individual Name: Mr. Troy Erickson

Location State: OH Country: US

View the Interpretation Document

Response text:

May 7, 2013

Mr. Troy Erickson
G2 Revolution LLC
14601 CR 212
Findlay, OH 45840

Ref No.: 13-0019

Dear Mr. Erickson:

This is a response to your January 21, 2013 email requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185) with regard to the transportation of limited quantities and ORM-D materials.  You present multiple shipping scenarios and ask questions pertaining to the packaging requirements and exceptions provided for limited quantities and ORM-D materials.  Your scenarios and questions are paraphrased and answered as follows:

Q1:  Are the exceptions provided for materials marked as limited quantities and ORM-D materials in § 173.156 only able to be utilized if a shipper complies with both paragraphs (b)(1) and (b)(2)?

A1:  No.  Section 173.156(b)(1) provides exceptions for requirements for strong outer packagings, marking, and gross weight limitations, provided the shipper complies with the requirements set forth in paragraph (b)(1); whereas, § 173.156(b)(2) provides an exception for gross weight limitations only, provided the shipper meets the requirements set forth in paragraph (b)(2).  Paragraphs (b)(1) and (b)(2) represent two separate methods of transporting limited quantities and ORM-D materials.

Q2:  Do the exceptions provided in § 173.156, require a shipper package their materials in UN-rated packaging?

A2:  No.  Limited quantities and ORM-D materials are excepted from the specification packaging requirements.  However, limited quantities and ORM-D materials utilizing the exceptions provided in § 173.156 must conform to the general packaging requirements found in Subpart B of Part 173.

Q3:  Does § 173.156(b)(1) allow for shipment of individual glass bottles of perfumery products being transported for recycling to be contained in an outer fiberboard box, with a polyethylene liner and absorbent material, without any other additional inner packaging, such as dividers or bubble wrap?

A3:  No.  The exceptions provided for limited quantities and ORM-D materials in            § 173.156(b)(1) do not extend to the general packaging requirements in Part 173, Subpart B.  Shipping individual glass bottles in an outer fiberboard box without means of ensuring the bottles are upright and unable to break, leak or shift, such as the method you describe, is prohibited.

Q4:  When utilizing the exceptions provided in § 173.156, are shippers required to use the original packaging and all its components in order to ship limited quantities and ORM-D materials from a retail store to a distribution center?

A4:  No.  There is no requirement that materials shipped under the exceptions provided in § 173.156 be in their original packaging provided that the packaging ultimately used meets both the quantity limitations specified for inner packagings of the applicable hazard class in §§ 173.150 through 173.155, 173.306 and 173.309(d), as well the general packaging requirements in Subpart B of Part 173 and § 173.156.

Q5:  Using the exceptions in § 173.156, may a retail store offer for transportation to a distribution facility damaged or broken retail containers of cosmetics, fragrances, nail polishes, soaps, and lotions described and marked as “limited quantity” or "consumer commodity, ORM-D” in individual 6-mil zip lock bags in a non-specification, 5-gallon plastic pail with a plastic inner liner closed with a screw on lid?

A5:  These materials should not be reclassified as “consumer commodity ORM-D,” as they are not suitable for retail sale.  If you intend for these materials to be transported as limited quantities, they must be classed based on the hazard present and the packagings must conform to the general packaging requirements of Part 173, Subpart B.

In accordance with § 173.3(c), packages which are not capable of containing the
material, are damaged, defective, or found leaking hazardous materials may not be transported unless placed in a metal or plastic removable head salvage drum that is compatible with the lading and shipped for repackaging or disposal.  The drum must be a UN 1A2, 1B2, 1N2 or 1H2 tested and marked for Packing Group III or higher performance standards for liquids or solids and a leakproofness test of 20 kPa (3 psig).  Each package must be marked with the proper shipping name of the material and the name and address of the consignee.  In addition, the packaging must be marked “SALVAGE" or "SALVAGE DRUM".  On July 5, 2012 PHMSA published an advanced notice of proposed rulemaking under Docket No. PHMSA-2011-0143 (77 FR 39662) to identify ways to reduce the regulatory burden for persons who ship consumer products containing hazardous materials in the “reverse logisitics” supply chain.

I hope this information is helpful.  If you have any more questions, please do not hesitate to contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

173.156, 173.3

Regulation Sections