Interpretation Response #22-0034
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: CTI and Associates, Inc.
Individual Name: Terri Zick
Location State: MI Country: US
View the Interpretation Document
Response text:
November 30, 2022
Ms. Terri Zick
Sr. Scientist
CTI and Associates, Inc.
34705 West 12 Mile Rd, Suite 230
Farmington, MI 48331
Reference No. 22-0034
Dear Ms. Zick:
This letter is in response to your March 28, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to aerosol containers shipped for recycling or disposal. Specifically, you ask about the requirement to secure the aerosol receptacle with a cap to protect the valve stem or remove the valve stem as a condition for utilizing the exception provided in § 173.306(k).
We have paraphrased and answered your questions as follows:
Q1. You ask whether the removal of the nozzle—rather than removing the valve stem itself—meets this requirement.
A1. The answer is no. Removing the nozzle alone may not be sufficient to ensure that the contents of the aerosol container are not accidentally discharged during transportation.
Q2. With regard to removal of the valve stem, you ask whether cutting the valve stem such that it is flush with the top of the can satisfies the intent to protect uncapped aerosol containers from accidental discharge during transportation.
A2. It is the opinion of this Office that cutting the valve stem so that it is flush with top, in a manner that prevents accidental discharge, satisfies the requirements of § 173.306.
Q3. In the scenario of neither a cap being placed on each container nor the valve stem being removed, you ask whether the requirement is to ship the aerosols in properly labeled specification packages weighing a maximum of 66 lbs. gross weight along with a shipping paper.
A3. The answer is it depends. Other provisions for exceptions from full regulation are provided within § 173.306. For example, see the paragraph (i) limited quantities exception. Furthermore, the material may be eligible for additional exceptions provided in § 173.156, such as the 66-pound limit per package, subject to certain conditions and limitation. Additionally, damaged, defective, or leaking aerosol containers may be shipped in salvage drums or cylinders in accordance with § 173.3(c) and (d).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.3(c), 173.3(d), 173.156, 173.306, 173.306(k)