exceptions

What is an Other Regulated Material (ORM-D)?

49 CFR 171.8 reads, “ORM means other regulated material. See §173.144 of this subchapter.”  That’s not much to go on but it’s a start.  §173.144 defines an ORM-D as:

Until December 31, 2013 and for the purposes of this subchapter, “ORM-D material” means a material such as a consumer commodity, cartridges, small arms or cartridges, power devices which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging. It must be a material for which exceptions are provided in Column (8A) of the § 172.101 Hazardous Materials Table.

Editors Note:  Though originally slated to expire December 31, 2013, the phase-out date for the ORM-D hazard class and the Consumer Commodity exception has now been extended until December 31, 2020.
Read:  Authorization for use of the ORM-D classification and the Consumer Commodity Exception extended through 2020!
Consumer Commodity ORM-D Label

Though it’s days are numbered, you may still see this marking on store shelves

So, §171.8 refers to all ORM, but §173.144 is specific to just ORM-D.  It is left unsaid that there used to be five different divisions to the ORM hazard class:  ORM-A through ORM-E.  Of these five, only ORM-D remains, and its time is limited; thus the inclusion of “Until December 31, 2013…” in the definition.

For now, we’ll continue to focus on the definition of ORM-D, we’ll come back to “Until December 31, 2013…” later.  The above definition is found in Subpart D of Part 173 – Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7.  Notice then that ORM-D is a type of Hazard Class, similar to Class 3 – Flammable and Combustible Liquid and Class 8 – Corrosive Material.  And, contrary to what you’ve been told, the “D” in ORM-D does not stand for Domestic.  It merely distinguishes it from the other ORM’s that used to exist.

Per the definition, an ORM-D is a hazardous material that normally would be subject to all the requirements of the Hazardous Material Regulations (HMR) but due to its (1) form, (2) quantity, and (3) packaging presents a limited risk in transportation.  All three of those conditions must be met for a HazMat to be re-classed as an ORM-D.

Hazardous Materials that are applicable to be re-classed as an ORM-D are limited to the following:

  • Consumer Commodity.
  • Cartridges, small arms.
  • Cartridges, power devices.

In addition to the above list, the ORM-D exception is available only if a section of  Part 173 is referenced in Column 8A of the Hazardous Materials Table (49 CFR 172.101).  For example, the Hazardous Material Table entries for the above ORM-D’s reads:

So, to learn the packaging exceptions available for a Consumer Commodity classed as an ORM-D, you refer to 49 CFR 173.156 or §173.306 (the sections of Part 173 referenced in column 8A of the Hazardous Materials Table).  For Cartridges, Power Devices and Cartridges, Small Arms, you refer to §173.63.

Benefits to the re-classification of a hazardous material as an ORM-D include:

  • No placards.
  • No labels unless shipped by air.
  • No shipping paper unless shipped by air or vessel.
  • No packing group or identification number.
  • Specification packaging not required as long as applicable packaging requirements are met.

The biggest drawback to using the ORM-D Hazard Class is that it is not recognized by international regulations.  To address this the US DOT is in the middle of a phase out of the Consumer Commodity Exception and the ORM-D hazard class.

Editors Note:  Though originally slated to expire December 31, 2013, the phase-out date for the ORM-D hazard class and the Consumer Commodity exception has now been extended until December 31, 2020.
Read:  Authorization for use of the ORM-D classification and the Consumer Commodity Exception extended through 2020!

The HMR is always changing, and no one will let you know of the changes until it is too late.  Stay on top of these changes by attending my Seminar Training, scheduling Onsite Training, or attending a Webinar.  It will bring you into compliance and inform you of what you need to do to stay in compliance in the future.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The Exception From use of the Technical Name for Lab Pack Shipments of Hazardous Waste

Sometimes when shipping hazardous materials the proper shipping name does not adequately describe the contents of the shipment.  An example of this, found in the Hazardous Materials Table (HMT) at 49 CFR 172.101 is the proper shipping name of:  Flammable Liquids, n.o.s. This entry and others like it contain the letter ‘G’ in column 1 of the HMT.  The ‘G’ stands for generic and indicates that one or more technical names must be included with the proper shipping name on the shipping paper and on the package.

An earlier article I wrote addressed the requirement to use the technical name when shipping HazMat, you may read it here.  In this article I will address one of the exceptions for the shipment of hazardous waste in lab packs found in49 CFR 173.12.  The exception provides relief from the requirement to use technical names when shipping lab packs of hazardous waste.

The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

49 CFR 173.12(b) first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

  1. A material poisonous-by-inhalation
  2. A Division 6.1, Packing Group I material
  3. Chloric Acid
  4. Oleum (fuming sulfuric acid)

It goes on to identify the Class and Division of lab packed hazardous waste that are excepted as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel, they are:

  • Class 3 Flammable or Combustible Liquid
  • Division 4.1 Flammable Solid
  • Division 4.2 Spontaneously Combustible
  • Division 4.3 Dangerous When Wet
  • Division 5.1 Oxidizer
  • Division 5.2 Organic Peroxide
  • Division 6.1 Poison
  • Class 8 Corrosive
  • Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

  • not a prohibited material?
  • an authorized Class or Division?
  • to be shipped by highway, rail, or cargo vessel?
  • packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered yes to all of the above, then you may take advantage of the following exceptions:

  1. A generic description from the Hazardous Materials Table may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging.  This means that a combination packaging containing several containers of sulfuric, nitric, and hydrochloric acid can utilize the proper shipping name of:  Waste Corrosive Liquids, n.o.s.  Read here for an explanation of when to use the word “waste” with a proper shipping name.
  2. You need not include the technical name(s) on the shipping paper or on the package even if there is a ‘G’ in column 1 of the HMT for that proper shipping name.

But, as Columbo used to say, “Just one more thing…”  If the hazardous waste is also a hazardous substance(defined at 49 CFR 171.8), then it must be described as required in 49 CFR 172.203(c).  Which means you need to make sure the name of the hazardous substance and the letters ‘RQ’ are included with the proper shipping name on the shipping paper and the package.

To learn more about shipping hazardous waste, hazardous substances, hazardous materials, and all the requirements of a HazMat Employee, attend one of my training events.  My training also covers the US EPA training requirements for generators of hazardous waste.  You can complete both of these training requirements in one day.

Contact me to schedule on-site training!

Review my open enrollment training schedule and register now!

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Special Permits, Exemptions, Approvals and Exceptions to the US DOT Hazardous Material Regulations

The Hazardous Materials Regulations (HMR) contain everything you need to know about the transportation of hazardous materials in commerce; or do they?  The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT understands that in some situations a hazardous material may be transported safely even when not in compliance with the HMR due to technological advancement, additional safety precautions unforeseen by the PHMSA, or an emergency situation such as war or natural disaster that may require temporary relief from the full HMR.  It is for those reasons – and others – that special permits, approvals, exemptions and regulatory exceptions were created.  I will briefly summarize the characteristics of these regulatory extensions, how they may be of use, and where more information is available.

Special Permits:

A special permit may be requested for any aspect of the HMR and is defined at 49 CFR 171.8 as, “a document issued by the Associate Administrator, or other designated Department official, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. ( e.g., Federal Motor Carrier Safety routing requirements).”   Special permits – once known as exemptions; the name was changed because it sounded too much like an exception (more on that later) – may be granted to an applicant for an emergency situation, or when a safe alternative to the HMR can be demonstrated.

The application must meet the requirements of 49 CFR 107, Subpart B and include evidence that the special permit will achieve the same safety level of the HMR or is consistent with the public interest (ie. the benefit to the public of the special permit outweighs the risk, such as in an emergency).  PHMSA’s review of your application will include an evaluation of your compliance history, I don’t suggest you request a special permit for something you have been issued a violation.

If the special permit is granted, compliance with its requirements are the responsibility of the applicant; this includes training HazMat Employees on its conditions and submitting a new application prior to its expiration date.  Your requirements are the same if your application creates a new special permit or you apply to be a party to an existing one.  You need not be party to a special permit if you are a carrier forwarding a hazardous material under someone else’s special permit as long as you do not re-package the HazMat.

A guidance document with more information about special permits can be found here.  If you wish to learn if a special permit exists that you may wish to be a party to, a Special Permit Search Tool can be found here.  The search capability is limited however, so you might be best served by speaking directly with the HazMat Info Line @:  800.467.4922.  It is not uncommon for some or all of the conditions of a special permit of proven safety to be converted to a regulatory exception by the PHMSA.  In this case the conditions of the former special permit are codified in the regulations and are available for use by all of the regulated community.  More on exceptions in just a little bit.

Approvals:

Approvals – similar to special permits in many respects (see here for a point-by-point comparison) – are defined at 49 CFR 171.8 as, “a written authorization, including a competent authority approval, from the Associate Administrator or other designated Department official, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180.)”  The biggest difference between a special permit and an approval is that the HMR must contain a specific allowance for the approval in order for it to be issued.  If no specific allowance is present in the HMR, then a special permit must be requested in order to get relief from the regulations.  Other characteristics of an approval include:

  • May offer relief from the regulations if a level of safety can be guaranteed or the public interest is served.
  • A written application must be submitted and written documentation of approval granted.
  • May cover domestic or international transportation (special permits are good for domestic transportation only).
  • Unlike special permits, you may not apply to be party to an approval; each approval is specific to its applicant.
  • Unlike special permits, approvals typically do not have an expiration date and are valid until terminated, there is change in the product or circumstances, or it is incorporated into the HMR.

More information about approvals – including search tools – can be found here.  If unable to find what you need, I again recommend you to the HazMat Info Line @:  800.467.4922.

Exceptions:

Special permits (formerly known as exemptions) and approvals – after many years – may find themselves codified in the HMR as exceptions if they have been proven to achieve an adequate level of safety or serve the public interest.  Once made into an exception, they are available for use by anyone without written approval from PHMSA.  Exceptions can come in many different forms and are found throughout the HMR.  Some of the most common/useful include:

When shipping HazMat you may come upon an occasion where the HMR does not allow you to do something you feel necessary; don’t give up, there may be a regulatory exception that fits just what you are trying to do, the authorization to request an approval may exist, a special permit may already exist that you may apply to be party to, or PHMSA may grant your request for a new special permit.  In any case, awareness of the regulations through training will help you have a better understanding of the options available to you, and hey; training is what I do! Join me at one of my nationwide open enrollment training events to learn about the regulations pertaining to the transportation of HazMat and the US EPA regulations regarding the handling of hazardous waste.  This one day of training fulfills the regulatory requirements of the PHMSA for the transportation of HazMat Employees per 49 CFR 172, Subpart H and those of the US EPA for Large Quantity Generators of hazardous waste per 40 CFR 265.16.