# McLane Company, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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:**

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U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration
DEC 1 5 2010
1200 New Jersey Ave, SE
Washington, D.C. 20590
Mr. John C. Anderson
Environment, Safety & Health Manager
McLane Company, Inc.
4747 McLane Parkway
Temple, TX 76503-6115
Ref. No.: 10-0220
Dear Mr. Anderson:
This responds to your September 30, 2010 letter requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180). In your letter, you indicate that you transport materials
classed as ORM-D in company vehicles by highway. You ask, if aerosol cans, e.g., insecticides,
lubricants, and automotive products, that have been dented or have missing spray nozzles or caps
may be shipped as a Consumer Commodity, ORM-D in accordance with the provisions of the HMR.
The answer your question is yes. Aerosol cans that have been dented or have missing spray nozzles
or caps that still meet the general packaging requirements in part 173, subpart B, may be shipped as a
Consumer Commodity ORM-D. However, cans without nozzles are no longer defined as aerosol
cans. Section 171.8 defines an aerosol as "any non-refillable receptacle containing a gas compressed,
liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other
than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing
release device allowing the contents to be ejected by the gas." This means that materials shipped in
containers without a self-closing release device that would allow the contents to be ejected by a gas,
cannot be shipped as aerosols. A more appropriate shipping name may be "Receptacles, small,
containing gas (gas cartridges)."
I trust this satisfies your inquiry. Please contact us ifwe can be of further assistance.
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

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McLANE.
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September 30, 2010, .
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U.S. DOT bt2M-b ConSlIY)er C1mmodl'tJ
PHMSA Office of Hazardous Materials Standards
Attn: PHH-10 [0 -02..z..0
East Building
1200 New Jersey Avenue, SE.
Washington, DC 20590-0001
RE: Request for Interpretation
This letter is to request an interpretation on shipping ORM-D Consumer Commodity
items to an off-site reclamation center. As part of this submission, I am also
providing additional details about McLane's shipping process.
• McLane customers are retail outlets such as convenience stores and gas
stations. The majority of UHAZMAT" products that we sell are shipped as ORMD
Consumer Commodity due to the limited quantity of each package.
• Products shipped under the ORM-D classification are primarily single items
which are packaged inside plastic totes which are marked "ORM-D Consumer
Commodity". McLane Company delivers products to our customers using our
own fleet of trucks.. These products are .loaded, driven to and unloaded from
our vehicles by McLane employees~ During the customer transportation cycle,
all product are inside of our enclosed trailers and not visible;
• For products either damaged in our warehouse or returned from our customers,
McLane utilizes an off-site "reverse logistics" company to process these items.
Items are sorted and either salvaged, destroyed, donated to food banks,
returned to vendor or shipped off-site for disposal as regulated waste.
• The items in question are consumer products packaged in aerosol cans such as
insecticides (Raid), lubricants (WD-40) and automotive products (starting fluid).
Typical damage to these cans is either a dented can or missing spray
nozzle/cap. As part of their processing, our reverse logistics company has the
ability to replace these missing valves and caps and turn an otherwise damaged
can into a viable product that can be used by the consumer. An added benefit
of this processing would be to reduce the volume of waste ultimately being
generated and help to sa,tisfy EPA~s waste minimization requirement. '
P.O. Box 6115/ 4747 McLane Parkway
Temple. TX 76503

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• QUESTION: With provisions for the downstream processing of these damaged
aerosol cans into a viable product, would McLane still be able to ship the
damaged aerosol cans from our warehouses to the reverse logistics company as
a DOT ORM-D Consumer Commodity?
If YOLi need additional information concerning this Letter, pLease contact me at (254)
742-3462.
JoHn C. Anderson REP, CSP, CHMM
Environment, Safety ft Health Manager
McLane Company, Inc.
4747 McLane Parkway
Temple, TX 76503-6115
cc:
B. McKay
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