{"operation":"document","citation":"10-0220","title":"McLane Company, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-15","effective_on":null,"summary":"10-0220 response to McLane Company, Inc. concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0220.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0220.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0220","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100220.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration\nDEC 1 5 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. John C. Anderson\nEnvironment, Safety & Health Manager\nMcLane Company, Inc.\n4747 McLane Parkway\nTemple, TX 76503-6115\nRef. No.: 10-0220\nDear Mr. Anderson:\nThis responds to your September 30, 2010 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). In your letter, you indicate that you transport materials\nclassed as ORM-D in company vehicles by highway. You ask, if aerosol cans, e.g., insecticides,\nlubricants, and automotive products, that have been dented or have missing spray nozzles or caps\nmay be shipped as a Consumer Commodity, ORM-D in accordance with the provisions of the HMR.\nThe answer your question is yes. Aerosol cans that have been dented or have missing spray nozzles\nor caps that still meet the general packaging requirements in part 173, subpart B, may be shipped as a\nConsumer Commodity ORM-D. However, cans without nozzles are no longer defined as aerosol\ncans. Section 171.8 defines an aerosol as \"any non-refillable receptacle containing a gas compressed,\nliquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other\nthan a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing\nrelease device allowing the contents to be ejected by the gas.\" This means that materials shipped in\ncontainers without a self-closing release device that would allow the contents to be ejected by a gas,\ncannot be shipped as aerosols. A more appropriate shipping name may be \"Receptacles, small,\ncontaining gas (gas cartridges).\"\nI trust this satisfies your inquiry. Please contact us ifwe can be of further assistance.\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nA~\nMcLANE.\nW,'nkr\nSeptember 30, 2010, .\n~t13· 3Dfp\n13173· IS<P\nU.S. DOT bt2M-b ConSlIY)er C1mmodl'tJ\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10 [0 -02..z..0\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRE: Request for Interpretation\nThis letter is to request an interpretation on shipping ORM-D Consumer Commodity\nitems to an off-site reclamation center. As part of this submission, I am also\nproviding additional details about McLane's shipping process.\n• McLane customers are retail outlets such as convenience stores and gas\nstations. The majority of UHAZMAT\" products that we sell are shipped as ORMD\nConsumer Commodity due to the limited quantity of each package.\n• Products shipped under the ORM-D classification are primarily single items\nwhich are packaged inside plastic totes which are marked \"ORM-D Consumer\nCommodity\". McLane Company delivers products to our customers using our\nown fleet of trucks.. These products are .loaded, driven to and unloaded from\nour vehicles by McLane employees~ During the customer transportation cycle,\nall product are inside of our enclosed trailers and not visible;\n• For products either damaged in our warehouse or returned from our customers,\nMcLane utilizes an off-site \"reverse logistics\" company to process these items.\nItems are sorted and either salvaged, destroyed, donated to food banks,\nreturned to vendor or shipped off-site for disposal as regulated waste.\n• The items in question are consumer products packaged in aerosol cans such as\ninsecticides (Raid), lubricants (WD-40) and automotive products (starting fluid).\nTypical damage to these cans is either a dented can or missing spray\nnozzle/cap. As part of their processing, our reverse logistics company has the\nability to replace these missing valves and caps and turn an otherwise damaged\ncan into a viable product that can be used by the consumer. An added benefit\nof this processing would be to reduce the volume of waste ultimately being\ngenerated and help to sa,tisfy EPA~s waste minimization requirement. '\nP.O. Box 6115/ 4747 McLane Parkway\nTemple. TX 76503\n\n<<<PAGE 3>>>\n\n• QUESTION: With provisions for the downstream processing of these damaged\naerosol cans into a viable product, would McLane still be able to ship the\ndamaged aerosol cans from our warehouses to the reverse logistics company as\na DOT ORM-D Consumer Commodity?\nIf YOLi need additional information concerning this Letter, pLease contact me at (254)\n742-3462.\nJoHn C. Anderson REP, CSP, CHMM\nEnvironment, Safety ft Health Manager\nMcLane Company, Inc.\n4747 McLane Parkway\nTemple, TX 76503-6115\ncc:\nB. McKay","truncated":false,"body_characters":4551}