{"operation":"document","citation":"13-0019","title":"G2 Revolution LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-31","effective_on":null,"summary":"13-0019 response to G2 Revolution LLC concerning 173.156, 173.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130019.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nMAY 0 7 2013\nMr. Troy Erickson\nG2 Revolution LLC\n14601 CR 212\nFindlay, OH 45840\nRefNo.: 13-0019\nDear Mr. Erickson:\nThis is a response to your January 21, 2013 email requesting clarification of the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 1 00-185) with regard to the\ntransportation of limited quantities and ORM-D materials. You present multiple shipping\nscenarios and ask questions pertaining to the packaging requirements and exceptions provided for\nlimited quantities and ORM-D materials. Your scenarios and questions are paraphrased and\nanswered as follows:\nQl: Are the exceptions provided for materials marked as limited quantities and ORM-D\nmaterials in § 173.156 only able to be utilized if a shipper complies with both paragraphs\n(b )(1) and (b )(2)?\nA1: No. Section 173.156(b)(1) provides exceptions for requirements for strong outer\npackagings, marking, and gross weight limitations, provided the shipper complies with the\nrequirements set forth in paragraph (b )(1 ); whereas, § 173 .156(b )(2) provides an exception\nfor gross weight limitations only, provided the shipper meets the requirements set forth in\nparagraph (b )(2). Paragraphs (b )(1) and (b )(2) represent two separate methods of\ntransporting limited quantities and ORM-D materials.\nQ2: Do the exceptions provided in§ 173.156, require a shipper package their materials in\nUN-rated packaging?\nA2: No. Limited quantities and ORM-D materials are excepted from the specification\npackaging requirements. However, limited quantities and ORM-D materials utilizing the\nexceptions provided in § 173.156 must conform to the general packaging requirements\nfound in Subpart B of Part 173.\n\n<<<PAGE 2>>>\n\nQ3: Does§ 173.156(b)(l) allow for shipment of individual glass bottles of perfumery\nproducts being transported for recycling to be contained in an outer fiberboard box, with a\npolyethylene liner and absorbent material, without any other additional inner packaging,\nsuch as dividers or bubble wrap?\nA3: No. The exceptions provided for limited quantities and ORM-D materials in\n§ 173 .156(b )( 1) do not extend to the general packaging requirements in Part 173, Subpart\nB. Shipping individual glass bottles in an outer fiberboard box without means of ensuring\nthe bottles are upright and unable to break, leak or shift, such as the method you describe,\nis prohibited.\nQ4: When utilizing the exceptions provided in§ 173.156, are shippers required to use the\noriginal packaging and all its components in order to ship limited quantities and ORM-D\nmaterials from a retail store to a distribution center?\nA4: No. There is no requirement that materials shipped under the exceptions provided in\n§ 173.156 be in their original packaging provided that the packaging ultimately used meets\nboth the quantity limitations specified for inner packagings of the applicable hazard class\nin §§ 173.150 through 173.155, 173.306 and 173.309(d), as well the general packaging\nrequirements in Subpart B ofPart 173 and§ 173.156.\nQ5: Using the exceptions in§ 173.156, may a retail store offer for transportation to a\ndistribution facility damaged or broken retail containers of cosmetics, fragrances, nail\npolishes, soaps, and lotions described and marked as \"limited quantity\" or \"consumer\ncommodity, ORM-D\" in individual 6-mil zip lock bags in a non-specification, 5-gallon\nplastic pail with a plastic inner liner closed with a screw on lid?\nA5: These materials should not be reclassified as \"consumer commodity ORM-D,\" as they\nare not suitable for retail sale. If you intend for these materials to be transported as limited\nquantities, they must be classed based on the hazard present and the packagings must\nconform to the general packaging requirements of Part 173, Subpart B.\nIn accordance with§ 173.3(c), packages which are not capable of containing the\nmaterial, are damaged, defective, or found leaking hazardous materials may not be\ntransported unless placed in a metal or plastic removable head salvage drum that is\ncompatible with the lading and shipped for repackaging or disposal. The drum must be a\nUN 1 A2, 1 B2, 1 N2 or 1 H2 tested and marked for Packing Group III or higher performance\nstandards for liquids or solids and a leakproofness test of 20 kPa (3 psi g). Each package\nmust be marked with the proper shipping name of the material and the name and address of\nthe consignee. In addition, the packaging must be marked \"SALVAGE\" or \"SALVAGE\n\n<<<PAGE 3>>>\n\nDRUM\". On July 5, 2012 PHMSA published an advanced notice of proposed rulemaking\nunder Docket No. PHMSA-2011-0143 (77 FR 39662) to identify ways to reduce the\nregulatory burden for persons who ship consumer products containing hazardous materials\nin the \"reverse logisitics\" supply chain.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nSu.c/hctk\n~ 113. 1 s~\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: To:\nSubject: Tuesday, January 22, 2013 11:34 AM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Formal Interpretation\nI\nHi Carolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Troy Erickson [mailto:terickson@g2rev.com]\nSent: Monday, January 21, 2013 10:13 AM\nTo: PHMSA HM InfoCenter\nSubject: Request for Formal Interpretation\nOur company has recently been reviewing our methods of handling and hauling ORM-D products from retail stores and\nseveral questions have arisen in regards to compliance. Below I have listed our concerns I ideas and would like to receive\nyour interpretation if you will\n1. 2. 3. In regards to 49 CFR 173.156 (b1) and (b2) ... It is our understanding that some retail chains are shipping\nperfumery products that are destined for recyclers in non UN cardboard Gaylords, lined with a 6 mil poly liner,\nabsorbents placed in the bottom and a lid. These items are identified as Limited Quantities. Within the Gaylord\nindividual glass bottles (bottles that you would buy at a store) are placed without dividers and no additional inner\npackaging (ie original container, bubble wrap etc). According to my contact they are capable of doing that\nbecause they are required comply with (b)(l). Their understanding is that it is an OR (b1 or b2), not an AND. This\ninterpretation was derived and confirmed after a PHMSA inspector reviewed their process.\nCan you elaborate on that interpretation and provide guidance on whether or not (b)(2) would apply and if their\ninterpretation is accurate? We currently ship the same materials in UN rated drums with a haz mat description\ndue to our inability to fully ensure that the bottles wouldn't be broken during transit as they are not packaged in\nthe original packaging they were shipped into the stores except for the container and remaining product, which\nthis type of bottle on bottle or glass on glass packaging does not prevent the materials from moving around\nfreely. If it truly does comply, we would be interested in molding our program in accordance with the above\nmentioned shipping method.\nORM-D In order to utilize this exception for consumer commodities being shipped from a retail store to a\ndistribution center- is it ok to send original bottles of perfume and or nail polish without the original packaging\n(cardboard box, dividers, cellophane, etc) that it was originally intended to ship in ?\na. If the answer to the above OR M-D question is NO, would it be ok to send original bottles \"Limited\nQuantity\" without the original packaging (cardboard box, dividers, cellophane, etc) that it was originally\nintended to ship when shipping from the stores to a distribution center?\nCurrently we provide our clients with a program to ship consumer commodity returns from their retail stores to\nour distribution facility for recycling. This program involves a non- UN rated 5 gallon plastic bucket, plastic bag\nliner, and a screw on lid (total weight less than 66 pounds). Our clients place unsalable cosmetics, fragrances, nail\npolishes, soaps and lotions in these containers and ship via UPS to our location when full. On the bucket is an\nORM-D label since the bucket contents are within the parameters. My question involves shipping of damaged or\nbroken bottles from the point of generation. If the retailer were to place broken bottles in a secondary container\nsuch as a 6 mil Zipfoc bag and then place the \"bagged\" but broken inner container inside the 5 gal bucket, what\n1\n\n<<<PAGE 5>>>\n\ntype of compliance concerns if any should I take into consideration? Would the ORM-D exception be lost if these\ntypes of materials are included, if yes, could the same scenario be shipped \"Limited Quantities\"?\nTroy Erickson, GM\ng2 revolution llc\n14601 CR212\nFindlay, Oh 45840\n0-419-424-1144\nC-419-408-1 170\nF-419-424-3070\nwww.g2rev.com\ns\nCHANGING\nnd\nTHE WA V\n~~~~ r.-\nit<i'Mff'il-\n~N tl<}'1/<:!>\"J<'Al\"~1l!~<:<'.;;.\\\nTHE W 0 R L D R E C V C L E S®\nThis communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged information, If you are not\nthe intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the sender\nimmediately by return e-mail, delete this comm~Jnication and destroy all copies,\nPlease consider the environment before printing this e-mail.\n2","truncated":false,"body_characters":9624}