{"operation":"document","citation":"98-0048","title":"Lockheed Martin Government — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-06-17","effective_on":null,"summary":"98-0048 response to Lockheed Martin Government concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980048.pdf","body":"<<<PAGE 1>>>\n\n-\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nSpecial Programs\nJUN 1 7 1998\nMr. David A. Sutton\nRei. No.\n98-0048\nPr. Environmental Engineer\nLockheed Martin Government Electronic Systems\nP.O. Box 1027\nMoorestown, NJ 08057\nDear Mr. Sutton:\nThis responds to your letter of May 4, 1998, concerning highway\ntransportation requirements for household hazardous wastes under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you request information concerning the\napplicability of consumer commodity exceptions to household\nhazardous wastes collected at a central collection site and\ntransported to a disposal facility.\nYou describe\na scenario in which citizens transport household\nhazardous wastes, such as pesticides, paint, aerosols, oil,\nswimming pool chemicals, and cleaning compounds, to a central\npick-up point. After these wastes are dropped off, your company\nbecomes the \"offeror\" of these hazardous wastes by\npossession of them for transport in leased vehicles to a\ndesignated disposal facility.\nYour individual questions are\n21: 28\naddressed below.\nQ1. Are household hazardous wastes considered consumer\ncommodities under 49 CFR? If so, what are\npackaging, shipping paper, and placarding requirements for the\nthe marking, labeling,\nvarious materials?\nAl. A consumer commodity, defined in § 171.8 of the HMR, is a\nmaterial that is packaged\nand distributed in a form intended or\nsuitable for sale through\nretail sales agencies or\npersonal\ninstrumentalities\n• for consumption by individuals for purposes of\ncare or household use.\nThis definition includes the\ntypes of household hazardous wastes that you describe in your\nletter.\nConsumer commodity exceptions are provided for the following\nclassifications of hazardous materials: Class 2 (compressed\ngases), Class 3 (flammable and combustible liquids), Class 4\n(flammable solids), Division 5.1 (oxidizers), Division 5.2.\n\n<<<PAGE 2>>>\n\n2\n(organic peroxides), Division 6.1 (poisonous), Class 8\nbe found in\n(corrosives), and Class 9\n(miscellaneous).\nSS 173.150 - 173.155 and § 173.306 of the HMR. In\nThese exceptions can\ngeneral, the HMR permit materials that meet the definition of a\nconsumer commodity and that are packaged as provided in the\nappropriate limited quantity packaging section to be renamed\n\"Consumer commodity\" and reclassed as ORM-D. In addition to the\nexceptions from labeling, placarding, and specification packaging\nrequirements provided for limited quantities, highway shipments\nof ORM-D materials are not subject to the shipping paper\nrequirements of the HMR unless they are also hazardous\nsubstances, hazardous wastes, or marine pollutants.\nof the HMR, a \"hazardous\nwaste\" means any material that is\nFor purposes\nsubject to the Hazardous\nWaste Manifest Requirements of the U.S.\nEnvironmental Protection Agency (EPA) as specified in 40 CFR part\nWaste material that is not subject to the EPA waste\nmanifest requirements is not considered hazardous waste under the\nHMR and may qualify for the ORM-D exceptions provided in the\nregulations.\nSection 173.156 provides for additional exceptions for shipments\nORM-D materials that are offered for transportation by a single\nFor example, as provided in § 173.156 (b) (1),\nofferor for transportation to a disposal facility are excepted\nfrom the requirements of the HMR provided the materials are\nunitized in cages, carts, boxes, or similar overpacks and are\ntransported by private or contract motor carrier. In the\nsituation you describe in your letter, the household hazardous\nwastes that you consolidate and transport to a disposal facility\nmay qualify for the exception provided in § 173.156 (b) (1).\nQ2. If the material is not a consumer commodity, do the\nclassifications stated under the Hazardous Materials Table apply\nand should the marking, labeling, packaging, placarding, and\nshipping paper requirements for the various materials reflect\nthis?\nA2. In general, your understanding is correct.\ninclude a number of exceptions for specific materials depending\nHowever, the HMR\non the quantity being transported and the mode of transportation.\nColumn 8A of the Hazardous Materials Table lists the section or\nsections of the regulations where exceptions for specific\nmaterials can be found.\n23.\nIf the household hazardous wastes are consolidated into drum\ncontainers, does the material lose the consumer commodity\nclassification (if it was considered a consumer commodity prior\nto consolidation into large containers) and, if so, would the\n\n<<<PAGE 3>>>\n\n-\n..\n3\nother requirements for marking, labeling, packaging, placarding,\nand shipping papers under 49 CFR automatically apply to those\ncontainers?\nA3. No.\nAs stated in the response to question 1 above, consumer\nor similar overpacks.\ncommodities ORM-D may be unitized in carts, cages, drums, boxes,\nSuch shipments are excepted from the\nrequirements of the HMR when shipped by a single offeror to a\ndisposal facility and transported by a private or contract\ncarrier.\n04.\nDoes\na hazardous waste facility that receives a shipment of\nhousehold hazardous wastes that is not in compliance with\nshipment of\nmarking, labeling, packaging, placarding, and shipping paper\nCER?\nrequirements under 49 CFR expose itself to any liability under 49\n• A4. No. The HMR apply to shippers and carriers of hazardous\nmaterials. You are responsible for the materials you offer for\ntransportation or transport yourself.\nYour letter notes that many municipalities are now establishing\nprograms to collect household hazardous wastes from residents and\nexpresses concern that these municipalities may not be\ntransporting the wastes in compliance with the HMR. You may be\ninterested to know that\nshipments of hazardous materials\ntransported by a government entity in vehicles operated by\ngovernment personnel for noncommercial purposes are not subject\nto the HMR.\nI hope this information is helpful. If you need anything\nfurther, please do not hesitate to contact me.\nSincerely,\nAllar\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 4>>>\n\n. =.\nGorsky\n171.\n4 May 1998\nU.S. Department of Transportation\n400 Seventh Street S.W.\nResearch and Special Programs Administration\nWashington, D.C.\nAttn. Edward T. Mazzullo, Director,\n20590\nOffice of Hazardous Materials Standards\nRe: 49 CFR USDOT Regulations Applicable to Highway Transport of Household Hazardous Waste\nDear Mr. Mazzullo:\nWith regard to the subject matter, we hold a household hazardous waste (HHW) collection event at our\nDay. We collect up to about 12,000 Ibs. of various forms of HHW which may exhibit hazardous qualities\nfacility for our employees and residents of the local community on an annual basis in recognition of Earth\nsuch as flaminability, corrosivity or toxicity. Such items include: flammable solvent based paints, thinners,\nstains, varnishes, aerosol paints, adhesives, gasoline, combustible asphalt coatings and tars, waste oil,\ncorrosive household cleaners, swimming pool chemicals (which may be oxidizers), and photographic\nIt is clear to me that the regulations under 40 CFR RCRA provide an exclusion for HHW but I find it\nfrom personal residences and is therefore non-industrial and non-commercial. The containers are\ndifficult to determine how the USDOT regulations apply to this material. All the material is generated\navailable to consumers and contain concentrations of chemicals that reflect this.\nOur program offers an opportunity to our employees and the residents in our community to dispose of this\nmaterial in a sound environmentally considerate and safe manner, and eliminates the need for them to\ndrive the materials to a County HHW facility some distance away. We collect and consolidate the waste\ninto drum containers and cardboard boxes and transport it to the County HHW facility on our leased\nvehicles.\nSpecific questions I have include:\nlabeling, packaging, and shipping paper and placarding requirements for the various materials?\n(1) Are these materials considered consumer commodities under 49 CFR? If so, what are the marking,\n(2) If the material is not considered a consumer commodity do the classifications stated under the\npaper requirements for the various materials reflect this?\nHazardous Maturials Table apply and should the marking, labeling, packaging, placarding and shipping\n(3) If the HHW is consolidated into drum containers does the material lose the consumer commodity\nand if so would the other requirements marking, labeling, packaging, placarding and shipping paper\nclassification (if it was considered a consumer commodity prior to consolidation into larger containers)\nrequirements under 49 CFR automatically apply to those containers?\n(4) Does a HHW facility that receives a shipment of HHW that is not in compliance with marking,\nliability under 49 CFR?\nlabeling, packaging, placarding and shipping paper requirements under 49 CFR expose itself to any\nIt is my experience that this activity is gaining popularity and that municipalities are now establishing\nollecting this material and then transporting the HHW on municipal vehicles to County HHW facilit\nmonthly or quarterly programs to collect HHW on behalf of their residents. The municipal employees al\n\n<<<PAGE 5>>>\n\n=\nlocations. In many cases the municipal employees do not package the waste responsibly let alone in\naccordance with 49 CFR because they are under the impression that the HHW is exempt waste.\nI do not wish to discourage or inhibit the practice of collecting HHW and I don't feel that it is necessary to\nregulate HHW as industrial or commercial hazardous material or waste but I do feel some guidance is\nrequired from the USDOT and perhaps the USEPA so that these activities can be conducted in the safest\nmanner possible.\nwould greatly appreciate any guidance or assistance that you can provide on this matter and I will I\nrtain to share the information with other interested partie\nPlease call me. : (609) 722-2578 if you have any questions.\nYours truly;\nDavil A Suth\nPr. Environmental Engineer\nDavid A. Sutton\nx/c: file\n---\n-- -\n--\n, w.","truncated":false,"body_characters":10125}