{"operation":"document","citation":"14-0018","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-11-05","effective_on":null,"summary":"14-0018 response to URS Corporation concerning 171.8, 172.315, 173.150, 173.152, 173.154, 173.155, 173.156, 173.306, 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140018.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nMaterials Safety\nMr. Andy N. Romach\nNOV 0 5 2014\nRegulatory Compliance Manager\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nReference No. 14-0018\nDear Mr. Romach:\nThis is in response to your January 21, 2014 letter, and subsequent telephone conversations a\nmember of my staff had with Ms. Carolyn Norris of your company in which you both request\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the requirements for used aerosol containers. Specifically, you ask whether\nused aerosol containers may be transported in bulk packagings, such as a cubic yard box, in\nconformance with § 173.306(k) when entries of the word \"None\" in Column (8C) for the\nproper shipping names for aerosols in the Hazardous Materials Table (HMT; § 172.101)\nprohibit them from being transported in bulk packagings. Ms. Norris stated that the aerosol\ncontainers you described will be transported by ground only to a facility for recycling.\nThe answer is yes. Aerosols, as defined in § 171.8 of the HMR, containing a limited quantity\nof hazardous material may be transported in bulk packagings when prepared in conformance\nwith 8§ 173.156 or 173.306(k).\nSection 173.156(b)(1) permits limited quantity and ORM-D packagings to be placed in\npackagings that exceed 30 kg (66 pounds) gross weight provided the material is: (1) unitized\nin cages, carts, boxes, or similar overpacks; (2) offered for transportation or transported by\nrail, private or contract motor carrier; or common carrier in a vehicle under exclusive use for\nsuch service; and (3) transported to or from a manufacturer, a distribution center, or a retail\noutlet, or transported to a disposal facility from one offeror. In addition, § 173.156(b)(2)\npermits limited quantity or ORM-D aerosols to be in packagings that exceed 30 kg (66\npounds) gross weight if the packaging is marked as specified in § 172.315, or until\nDecember 31, 2020, is marked as \"ORM-D\" and described as a consumer commodity, when\noffered or transported by motor vehicle or rail between a manufacturer, distribution center,\nand a retail outlet. Persons preparing these packagings must also: (1) conform to\nappropriate quantity limits for inner packagings specified in §§ 173.150(b), 173.152(b),\n173.154(b), 173.155(b), 173.306(a) and (b), and 173.309(b); (2) pack the inner packagings\ninto corrugated fiberboard trays to prevent them from moving freely; (3) place these trays in\na fiberboard box that is banded and secured to a wooden pallet by metal, fabric, or plastic\nstraps, to form a single palletized unit; (4) conform to the general packaging requirements of\nSubpart B of 49 CFR Part 173; and (5) not exceed the maximum net quantity of hazardous\nmaterial on one palletized unit of 250 kg (550 pounds).\n\n<<<PAGE 2>>>\n\nSection 173.306(k) permits limited quantity aerosols transported for recycling or disposal to\nbe placed in a strong outer packagings with a gross weight up to 500 kg (1,100 pounds),\nwhich may include a cubic yard box, provided the additional requirements of this section are\nmet. These packagings must be: (1) in a metal container and expel non-poisonous liquid,\npaste, or powder; (2) in a plastic container for expelling liquid, paste, or powder and contain\nnon-flammable gas with no subsidiary risk; (3) in non-refillable metal or plastic containers not\nexceeding 1 L and contain foodstuffs or soaps; (4) in a refillable metal or plastic containers\nand contain cream with soluble or emulsified compressed gas; or (5) in non-refillable metal or\nplastic containers charged with a poisonous Packing Group III or non-flammable solution\ncontaining biological products or a medical preparation that could be deteriorated by heat, and\ncompressed gas or gases. Additional requirements for these materials include securing each\naerosol container with a cap or removing its valve stem. Materials offered for transportation\nin conformance with § 173.306(k) must be offered for transportation or transported by a\nprivate or contract motor carrier or a common carrier in a motor vehicle under exclusive use\nfor such service.\nWe agree that adding references to these sections in the applicable HMT entries for aerosols\nwould aid the regulated public with locating these exceptions, and will consider such a\nrevision in a future rulemaking.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nEdmonson\nURS\n$173.306 (k)\n8172.101 (i)(3)\nJanuary 21, 2014\nApplicabilit\nMr. Charles Betts, Division Director\nStandards and Rulemaking (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Betts:\nI am writing to request a Department of Transportation (DOT) interpretation concerning 49 CFR\n173.306(k) and the requirements for shipping used aerosol cans in a cubic yard box [bulk\npackaging, maximum net mass greater than 400 kg (882 pounds) and maximum capacity greater\nthan 450 L (119 gallons)].\nBased on verbal guidance provided by Eileen Edmonson at the DOT Hotline, she stated that it\nappears that such bulk packages were not intended to be prohibited by DOT. However, for the\nentry \"Aerosols\" in the Hazardous Material Table, \"None\" appears in column 8(B) \"Non-bulk\"\nand in column 8(C) \"Bulk\". As set out in 49 CFR 172.101(i)(3): \"A \"None\" in Column (8C)\nmeans bulk packagings are not authorized, except as may be provided by special provisions in\ncolumn (7) and in packaging authorizations Column (8B).\" As the bulk packaging is not\nauthorized in any of these locations, Eileen stated that this limitation appears to be an oversight\nand DOT will make a note to correct it in a future \"Miscellaneous\" rulemaking.\nPlease confirm that used aerosol cans shipped under 49 CFR 173.306(k) would be allowed to be\nshipped in a cubic yard box (bulk packaging), and that DOT intends to revise the regulations in\nthe future to clarify this requirement.\nI appreciate your assistance with this question.\nSincerely,\nAndrew N. Romach\nRegulatory Compliance Manager\nURS Corporation\n1600 Perimeter Park Drive Morrisville, NC 27560\nURS Corporation\nTel: 919.461.1220\nFax: 919 461.1371\nandy.romach@urs.com","truncated":false,"body_characters":6432}