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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #14-0018 ([URS Corporation] [Mr. Andy N. Romach])

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

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Mr. Andy N. Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

Mr. Andy N. Romach
Regulatory Compliance Manager
URS Corporation
1600 Perimeter Park Drive
Morrisville, NC  27560

Reference No. 14-0018

Dear Mr. Romach:

This is in response to your January 21, 2014 letter, and subsequent telephone conversations a member of my staff had with Ms. Carolyn Norris of your company in which you both request clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for used aerosol containers. Specifically, you ask whether used aerosol containers may be transported in bulk packagings, such as a cubic yard box, in conformance with § 173.306(k) when entries of the word "None" in Column (8C) for the proper shipping names for aerosols in the Hazardous Materials Table (HMT; § 172.101) prohibit them from being transported in bulk packagings. Ms. Norris stated that the aerosol containers you described will be transported by ground only to a facility for recycling.

The answer is yes. Aerosols, as defined in § 171.8 of the HMR, containing a limited quantity of hazardous material may be transported in bulk packagings when prepared in conformance with §§ 173.156 or 173.306(k).

Section 173.156(b)(1) permits limited quantity and ORM-D packagings to be placed in packagings that exceed 30 kg (66 pounds) gross weight provided the material is: (1) unitized in cages, carts, boxes, or similar overpacks; (2) offered for transportation or transported by rail, private or contract motor carrier; or common carrier in a vehicle under exclusive use for such service; and (3) transported to or from a manufacturer, a distribution center, or a retail outlet, or transported to a disposal facility from one offeror. In addition, § 173.156(b)(2) permits limited quantity or ORM-D aerosols to be in packagings that exceed 30 kg (66 pounds) gross weight if the packaging is marked as specified in § 172.315, or until December 31, 2020, is marked as "ORM-D" and described as a consumer commodity, when offered or transported by motor vehicle or rail between a manufacturer, distribution center, and a retail outlet. Persons preparing these packagings must also: (1) conform to appropriate quantity limits for inner packagings specified in §§ 173.150(b), 173.152(b), 173.154(b), 173.155(b), 173.306(a) and (b), and 173.309(b); (2) pack the inner packagings into corrugated fiberboard trays to prevent them from moving freely; (3) place these trays in a fiberboard box that is banded and secured to a wooden pallet by metal, fabric, or plastic straps, to form a single palletized unit; (4) conform to the general packaging requirements of Subpart B of 49 CFR Part 173; and (5) not exceed the maximum net quantity of hazardous material on one palletized unit of 250 kg (550 pounds).

Section 173.306(k) permits limited quantity aerosols transported for recycling or disposal to be placed in a strong outer packagings with a gross weight up to 500 kg (1,100 pounds), which may include a cubic yard box, provided the additional requirements of this section are met. These packagings must be: (1) in a metal container and expel non-poisonous liquid, paste, or powder; (2) in a plastic container for expelling liquid, paste, or powder and contain non-flammable gas with no subsidiary risk; (3) in non-refillable metal or plastic containers not exceeding 1 L and contain foodstuffs or soaps; (4) in a refillable metal or plastic containers and contain cream with soluble or emulsified compressed gas; or (5) in non-refillable metal or plastic containers charged with a poisonous Packing Group III or non-flammable solution containing biological products or a medical preparation that could be deteriorated by heat, and compressed gas or gases. Additional requirements for these materials include securing each aerosol container with a cap or removing its valve stem. Materials offered for transportation in conformance with § 173.306(k) must be offered for transportation or transported by a private or contract motor carrier or a common carrier in a motor vehicle under exclusive use for such service.

We agree that adding references to these sections in the applicable HMT entries for aerosols would aid the regulated public with locating these exceptions, and will consider such a revision in a future rulemaking.

I hope this satisfies your request.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.8, 173.156, 173.306(k), 172.315, 173.150(b), 173.152(b), 173.154(b), 173.155(b), 173.306(a) and (b), and 173.309(b)

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.315 Limited quantities
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2 (organic peroxides)
173.154 Exceptions for Class 8 (corrosive materials)