{"operation":"document","citation":"02-0212","title":"Wal Mart Stores — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-06-09","effective_on":null,"summary":"02-0212 response to Wal Mart Stores concerning 173.156.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0212.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0212.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0212","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020212.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nJUN\n9 2003\nMs. Sue Eaton\nRef. No.: 02-0212\nWal Mart Stores\nReturn Center 8098\n1901 S.E. Tenth Street\nBentonville, Arkansas 72716\nDear Ms. Eaton:\nThis responds to your letter regarding shipping a material described as \"Waste Consumer Commodity,\nORM-D\" as prescribed in § 173.156 of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). We apologize for the delay in responding and hope it has not caused any inconvenience.\nYou provided photocopies of the boxes and pallet.\nYour company's waste products include aerosols, and bags of fertilizer that have been damaged or are\nno longer saleable, shipped from distribution centers to a waste site in an exclusive use vehicle. The\nacrosols are packaged in a UN 4G fiberboard box with a plastic liner. The boxes are closed and\nstacked on a 4-way pallet. The bags of fertilizer are repaired and shrink-wrapped. The entire skid or\npallet (containing boxes and bags) is then shrink-wrapped and marked. You asked if the above\ndescribed configuration is considered to be \"unitized\", and thus limited to a maximum weight of 550\npounds on one pallet.\nExceptions for shipment of a material described as \"Waste Consumer Commodity, ORM-D\" are\nprovided in § 173.156. Strong outer packagings, marking requirements specified in part 172 of the\nHMR, and the 30 kg (66 pounds) gross weight limitations are not required for materials classed as\nORM-D when: (1) unitized in cages, carts, boxes or similar overpacks (e.g., boxes shrink-wrapped on\na pallet); (2) transported by rail, private or contract motor carrier, or common carrier in a vehicle under\nexclusive use for such service; and (3) transported to or from a manufacturer, a distribution center, or a\nretail outlet, or transported to a disposal facility from one offeror.\nWhen offered or transported by highway or rail between a manufacturer, a distribution center, and a\nretail outlet, the 30 kg (66 pounds) gross weight limitation does not apply provided: (1) inner\npackagings conform to the quantity limits for inner packages in §§ 173.150(b),173.152(b),\n173.154(b), 173.155(b) anid 173.306(a) arid (b); (2) the inner packages are packed into corrugated\nfiberboard trays to prevent movement; (3) the trays are placed in a fiberboard box which is banded and\n173,156\n020212\n\n<<>>\n\nsecured to a wooden pallet by metal, fabric, or plastic straps to form a single palletized unit; (4) the\npackage conforms to the general requirements for packagings in §§ 173.24 and 173.24a; and (5) the\npackage is marked in accordance with § 172.316. The maximum net quantity of hazardous material\npermitted on one palletized unit is 250 kg (550 pounds). (See § 173.156(b)(1) and (2).\nPackages, such as your company's \"damaged or repaired bags of fertilizer,\" which are damaged,\ndefective, or found leaking hazardous materials may not be transported unless placed in a metal or\nplastic removable head salvage drum that is compatible with the lading and shipped for repackaging or\ndisposal. The drum must be a UN 1A2, 1B2, IN2 or 1H2 tested and marked for Packing Group III\nor higher performance standards for liquids or solids and a leakproofness test of 20 kPa (3 psig).\nAlternatively, a drum manufactured prior to October 1, 1993 as a salvage drum may be used in\naccordance with the provisions of § 173.3(c) in effect on September 30, 1991. Capacity of the drum\nmay not exceed 450 L (119 gallons). Each package must be marked with the proper shipping name of\nthe material and the name and address of the consignee. In addition, the packaging must be marked\n'SALVAGE\" or \"SALVAGE DRUM\". For your information, the \"bags\" of fertilizer probably do not\nqualify as a Consumer commodity, ORM-D (i.e., inner packaging and outer packaging requirements).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<>>\n\nWal*Mart Stores, Inc.\n1901 S.E. Tenth Street\nReturn Center 8098\n72716\nBentonville, Arkansas\nWAL*MART\n(501)277- 6016\nSue Eaton, Merchandise Coordinator\nfax (501)277-6023\nEngrum\n429\n$173.156\nAugust 9, 2002\nORM-D\nMr. Edward Mazzullo, DHM-10\nDirector-Office of Hazardous Materials Standards\n02-0212\nUS DOT/RSPA\n400 7\" Street, S.W.\nWashington, DC 20590-001\nDear Mr. Mazzullo:\nThe purpose of this correspondence is to request regulatory clarification on shipping\nWaste, Consumer Commodity, ORM-D, as outlined in 173.156.\nOur operation generates a large amount of aerosols and fertilizer that has been damaged,\nor is no longer saleable. It all falls in the above area.\nWe ship this material from our distribution centers to a waste site, using an exclusive use\ncarrier.\nWe package the aerosols in a 4G box with a plastic liner. The box is properly sealed and\nshrink-wrapped. The entire skid is then shrink-wrapped and properly marked for\nstacked on a 4-way pallet with other like boxes. The bags of fertilizer are repaired and\ntransportation.\n\"unitized\"; and as such, are limited to a maximum weight of 550 pounds on one pallet,\nThe carrier has informed us that the above pallet and boxes are considered to be\nunder 173.156(2)(v).\nWe have maintained that since the product is packaged in a 4G box and sealed, that it is\nnot considered to be \"unitized\". The same applies to the bags.\n\n<<>>\n\nIf we floor loaded each carton and bag in a trailer would they be considered as \"unitized\"?\nThe carrier has requested that we use an intermediate IBC.\nto ship pallet.\nI have enclosed some pictures of the box currently being used as well as a finished, ready\nYour assistance with a regulatory-based interpretation will be very helpful to our\ntransporter and us. I look forward to your written response.\nSincerely,\nfre Ento\nco Chuck Johnston pr\n\n<<>>\n\nPage 1 of 2\nTOP\nTHIS SIDE UP\nKEEP IN COOL PLACE\nMAXE\nC'a6 1cz Bottler\nCLORO\nULTRA CLAFON BLE\nfile://C:\\TEMP\\MVC-010F.JPG\n8/9/2002\n\n<<>>\n\nPage 1 of 2\n44600\n8/9/2002\n44600\nMARAC\nCLOROX\nTOP\nTHIS SIDE UP\nKEEPIN COOL PLACE\n6-96 11 07 Bottlos\nALLET\nfile://C:TEMP\\MVC-011F.JPG\n\n<<>>\n\nhle://C:TEMPIMVC-011F.JPG\n5330r\n6-96 11 oz Bottics\nKOTP IN COOL PLACE\nTHIS SIDE UP\ndOi\n44600\n8/9/2002\nPage 1 of 2\n\n<<>>\n\nPage 1 of 2\nfile://C\\TEMP\\MVC-014F1JPG\n8/9/2002","truncated":false,"body_characters":6397}