Question (January 09, 2021):

Good morning,

We are reusing plastic drums to send waste back out. The max net mass is 400 kg. Does that mean we cannot fill the drums over 400 kg each drum, even if palletized for transport?

Thank you,

Answer (January 18, 2021):

Thank you for contacting me. I apologize for my delay. There are several issues brought up by your question that I will address in addition to answering your question. Please see below.

Note: all of the following is based on the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

• First of all, it is acceptable under the HMR for a HazMat packaging that previously contained a hazardous material to be used for the off-site transportation of a hazardous waste if done subject to the exception at 49 CFR 173.12(c). Read: Reuse of HazMat Packaging for the Shipment of Hazardous Waste
• Secondly, under the international regulations of the International Air Transport Association (IATA) and the International Maritime Organization (IMO) a plastic drum, jerrican, or intermediate bulk container (IBC) is limited in its use to no more than five (5) years from its date of manufacture. However, no such limit applies to transportation by highway or rail solely within the U.S. For clarification of this point, read the two following letters of interpretation from USDOT/PHMSA (the HMR lacks a clear statement on this subject but it most certainly does not limit the lifespan of a non-bulk packaging):
  • From LOI 99-0246: “Non-bulk specification packagings do not ‘expire'”.
  • And, from LOI 97-0002: “A shipper may purchase a UN packaging, store it indefinitely and then use it without any testing requirements”.
• Packagings are limited by their type to a maximum net mass and maximum capacity. No non-bulk packaging may exceed a maximum capacity of 450 L (119 gal) or 400 kg (882 lb). Pursuant to §178.509(b)(7 & 8), a plastic drum can not exceed the following limits:
  • Maximum capacity of 450 L (119 gal).
  • Maximum net mass of 400 kg (882 lb).
• So, to be clear: the plastic drums can not be filled with a hazardous material to a net mass of more than 400 kg (882 lb). The palletizing of the drums after being filled does not effect the per packaging limit of 400 kg (882 lb).

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

That did it!

Reusing a HazMat packaging for the off-site transportation of hazardous waste is a compliant way to save money – no sense buying new drums to ship out hazardous waste! However, in addition to the conditions of the exception, the remaining requirements of the HMR remain for the packaging. That includes complying with its capacity and net mass limits.