{"operation":"document","citation":"24-0080","title":"Entegris, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-12-20","effective_on":null,"summary":"24-0080 response to Entegris, Inc. concerning 171.8, 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0080.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0080.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0080","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-12/240080.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 20, 2024\nStefanie Yarbrough\nSenior Manager, Strategic Initiatives\nEntegris, Inc.\n700 Jeffrey Way, Suite 400\nRound Rock, TX 78664\nReference No. 24-0080\nDear Ms. Yarbrough:\nThis letter is in response to your August 30, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the usage of\noverpacks. Specifically, you request clarification regarding overpack marking and labeling as it\napplies to packages of UN specification steel drums, which are overpacked into rigid cardboard\nboxes, and then the boxes are palletized using shrink-wrap.\nYour questions are paraphrased and answered below.\nQ1. You ask whether the consolidation of overpacks for convenience of handling by shrink-\nwrapping them to pallets would also be considered an overpack.\nA1. The answer is yes. As defined in § 171.8 an overpack is an enclosure that is used by a\nsingle consignor to provide protection or convenience in handling of a package or to\nconsolidate two or more packages (e.g., packages stacked onto a load board such as a\npallet and secured by shrink-wrapping). It is the opinion of this Office that further\nconsolidating overpacks in the manner you describe is still considered an overpack based\non the HMR definition.\nQ2. You ask whether the shrink-wrapped secondary level of containment—as described in\nquestion Q1—must be marked and labeled.\nA2. The answer is yes. The shrink-wrapped pallet as described in your scenario must follow\nthe regulatory requirements for reproducing hazard communication as outlined in\n§ 173.25.\n\n<<<PAGE 2>>>\n\nQ3.\nA3.\nQ4.\nA4.\nYou ask whether the marking and labeling on the cardboard box overpacks must be\nreproduced on the outside of the shrink-wrap if they are clearly visible through the\nshrink-wrap.\nThe answer is no. As provided in § 173.25(a)(2), each overpack must be marked and\nlabeled unless markings and labeling representative of each hazardous material in\nthe packages that are overpacked are visible through the shrink-wrap.\nIf the cardboard box overpacks containing the steel drums were banded to the pallet\ninstead of shrink-wrapped and all required markings and labels were visible, you ask\nwhether the pallet/banding would have to be further marked as an overpack.\nThe answer is no as provided for in § 173.25(a)(2). However, because the cardboard\nbox overpack contains UN specification packaging, § 173.25(a)(4) provisions apply.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nHorne\n24-0080\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Interpretation - Overpack in Overpack\nDate: Wednesday, September 4, 2024 4:56:49 PM\nAttachments: image001.png\nimage002.png\nimage003.png\nimage004.png\nimage005.png\nimage006.png\nimage007.png\nEntegris Request for Interpretation Overpacks in Overpacks 2024-08-30.pdf\nHi Alice,\nPlease see the below and attached interpretation request.\nLet me know if you need anything,\n-Breanna\nFrom: Stefanie Yarbrough <stefanie.yarbrough@entegris.com>\nSent: Friday, August 30, 2024 5:30 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Interpretation - Overpack in Overpack\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear Sir or Madam,\nPlease see our request for interpretation regarding overpacks.\nMany thanks in advance for your response.\nBest regards\nStefanie Yarbrough\nSr Manager, Strategic Initiatives\nGlobal Supply Chain\nT\n+1 512 244 5284 M +1 512 688 7430\nentegris.com\n\n<<<PAGE 4>>>\n\n700 Jeffrey Way, Suite 400\nRound Rock, TX 78664 USA\nENTEGRIS PROPRIETARY AND CONFIDENTIAL – INTERNAL\n\n<<<PAGE 5>>>\n\nGLOBAL SUPPLY CHAIN\nAugust 30, 2024\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\ninfocntr@dot.gov\nRequest for Interpretation\nDear Sir or Madam,\nPursuant to 49 CFR §105.20, this letter is being submitted by e-mail to PHMSA to request an\ninterpretation of the Hazard Materials Regulations regarding overpacks.\nBackground\nEntegris frequently ships via ground, air, and ocean, UN specification packaging steel drums filled\nwith hazardous chemicals, which are overpacked into rigid cardboard boxes containing specifically\nfitted foam to protect the steel drum during transportation. The steel drum and its overpack are fully\nmarked and labeled in accordance with Subparts D and E of Part 172 of the HMR.\nMultiple overpacked drums are then set on a pallet and shrink-wrapped. The required overpack\nmarking and labeling is repeated on the outside of the shrink wrap. After arrival at their destination,\nthe steel drums in their overpack boxes are removed from the pallet and further processed\nindividually.\nAn overpack is defined in 49 CFR §171.8 as “an enclosure that is used by a single consignor to provide\nprotection or convenience in handling of a package or to consolidate two or more packages.”\nThe definition of the overpack suggests that it contains “packages”. A package means “a packaging\nplus its contents”\n. Packaging means “a receptacle and any other components or materials\nnecessary for the receptacle to perform its containment function”\n.\nIn the described scenario, the packaging is the UN specification steel drum, and the package is the\nUN specification steel drum including its hazardous contents. The cardboard box is the overpack.\nThe final product of the shipment preparation operation is a shrink-wrapped pallet containing\nmultiple overpacks, which contain UN specification steel drums. Since a pallet and shrink wrap are\nconsidered an overpack as per 49 CFR §171.8, there are two layers of overpacks in our scenario.\nQuestions\nBased on the above background information, Entegris has the following questions:\n1. An overpack contains packages, and therefore, our cardboard box is an overpack and needs\nto be marked and labeled as such. The pallet and shrink wrap could only be considered an\nRequest for Interpretation\nEntegris, Inc.― 129 Concord Road ― Billerica, MA 01821 USA\nPage 1 of 2\n\n<<<PAGE 6>>>\n\n2. 3. 4. overpack if an overpack can be a package itself. If an overpack is packed into a secondary\nlayer of containment, would that secondary layer be considered an overpack as well?\nWhat is the correct way to mark and label the secondary level of containment, in our case the\nshrink wrap, if it has to be marked and labeled at all?\nIf the required marking and labeling for the cardboard overpack is clearly visible through the\nshrink wrap, does it have to be repeated on the outside of the shrink wrap? (It appears that in\nmore than one instance, checkers of these shipments were questioning the existence of two\nlayers of overpacks along with the labeling and marking. Using black shrink wrap was also not\nsuccessful, as it is regularly removed during the checking process.)\nIf the overpack boxes containing the steel drums were banded to the pallet instead of shrink-\nwrapped, and all marking and labeling was visible, would the pallet/banding have to be\ntreated and further marked as an overpack?\nEntegris greatly appreciates PHMSA’s attention to this matter and looks forward to a response that\nfurther clarifies our understanding of the hazardous materials regulations.\nShould PHMSA require additional details to process this interpretation, please contact me using the\ninformation listed below.\nSincerely,\nStefanie Yarbrough\nSr Manager, Strategic Initiatives\nEntegris, Inc.\n700 Jeffrey Way, Suite 400\nRound Rock, TX 78664 USA\nDirect Line: (512) 244-5284\nMobile: (512) 688-7430\nE-mail: stefanie.yarbrough@entegris.com\nRequest for Interpretation\nEntegris, Inc.― 129 Concord Road ― Billerica, MA 01821 USA\nPage 2 of 2","truncated":false,"body_characters":8153}