Question (03.17.21):

Hi Daniel,

We have a customer who wants to ship empty containers to a container cleaning center. The totes and drums are empty and have been rinsed. Those containers had hazmat materials, can they cover up the labels and ship them ?

Regards,

Answer (03.17.21):

Thank you for contacting me. Please see below.

There are two options for the transport of these packagings in compliance with the Hazardous Materials Regulations (HMR) of USDOT/PHMSA:

Option 1: No Hazard

• The transportation of a packaging is not subject to the HMR under the following conditions:
  • It is unused.
  • It has been cleaned of residue and purged of vapor to remove any potential hazard.
  • It has been refilled with non-HazMat so no hazard remains.
• Under any of the above conditions the packaging is excepted from the HMR and may be transported as non-HazMat if the following is done:
  • All hazard communication (labels, marks, etc.) indicating the packaging contains a hazardous material are removed, obliterated, or securely covered.

Or…

• • The packaging is not visible during its transportation and it is loaded by the shipper and unloaded by the receiver or shipper.

Option 2: The Empty Packaging Exception

• If any HazMat residue remains the packagings may still be transported under the empty packaging exception. Compliance with the empty packaging exception requires the following:
  • It is a non-bulk packaging with a maximum capacity of no more than 450 L (119 gal).
  • It meets the USEPA criteria for RCRA empty with no more than 2.5 cm (1 in) of residue.
  • It is a HazMat found in Placard Table 2 at 49 CFR 172.504(e).
  • Transportation is by a private or contract motor carrier. Transportation by a common carrier is not eligible for the full empty packaging exception.
• If the consignment is eligible for the full empty packaging exception, compliance requires the following:
  • It is not required to display placards on the vehicle.
  • It is not required for the shipper to prepare a shipping paper.
  • Package marks and labels are required to be displayed on the packaging the same as if it is full.
  • All other requirements of the HMR remain, e.g., HazMat Employee training.
• If the consignment is eligible only for the partial empty packaging exception, compliance requires the following:
  • It is not required to display placards on the vehicle.
  • The shipper must prepare and sign  a shipping paper that describes the consignment as a hazardous material.
  • Package marks and labels are required to be displayed on the packaging the same as if it is full.
  • All other requirements of the HMR remain, e.g., HazMat Employee training.

You indicate the packagings are empty and have been rinsed. The question to be answered is this:

Have they been emptied and rinsed to remove any potential hazard?

• If yes, then the packagings may be offered for transportation as described in Option 1.
• If no, then either the full or partial empty packaging exception described in Option 2 is available.

I hope this helps. Please contact me with any other questions.

That did it!:

Hi Daniel,

Thanks for the information and the links, this really helps.