orm-d

Q&A: How do I Ship Hazardous Waste Generated by Homeowners?

Here is a question I received almost a year ago on December 17, 2015 from a person who found me while searching the internet for an answer to his questions:

sign for household hazardous waste collection siteDaniel, hope this finds you well.  Could you give me your opinion on waste disposal companies using ORM-D for Household Hazardous Waste (HHW) shipping names (e.g. flammable paint, cleaners that may have low or high pH and others that may fit into DOT respective hazard classes).  I am concerned as the material is no longer packaged according to the original  ORM-D packaging.  Are you familiar with any US DOT interpretation that would allow that those shipping names continue to be used?  My concern comes from reviewing a waste disposal company that is still using ORM-D shipping names.  Thanks for input and thoughts.  Wish you a Merry Christmas, Thanks.

Well, it took me a few days.  But just before Christmas (12.22.15), I replied:

I apologize for my delay in replying to your question.  I’ll do my best to answer it below.

  • Waste collected from households is excluded from regulation as a hazardous waste at 40 CFR 261.4(b)(1).  See this short presentation for more information:  The Household Hazardous Waste Exclusion.
  • Due to the HHW exclusion, the waste does not require a Uniform Hazardous Waste Manifest when transported or offered for transportation by the Shipper/Generator.
  • USDOT/PHMSA regulations define a hazardous waste as a waste that requires the Uniform Hazardous Waste Manifest when transported.  Therefore, excluded HHW is not a hazardous waste per USDOT/PHMSA regulations.
  • As you describe, the excluded HHW may be a USDOT/PHMSA hazardous material for other reasons, e.g. Class 3 Flammable, Class 8 Corrosive, &etc.
  • Hazardous materials that meet the requirements of the Consumer Commodity exception may be re-classified as an ORM-D and shipped accordingly.  Read more about the Consumer Commodity Exception in this short article.
  • Use of the Consumer Commodity Exception for an excluded HHW does require compliance with specified packing instructions but it does not require the original packaging.Household hazardous waste accumulated at collection site

In sum, if the Shipper/Generator is complying with the HHW exclusion and the Consumer Commodity Exception, then they should be able to ship the waste as a Consumer Commodity.

 I hope this helps.  Please don’t hesitate to contact me with any other questions.

Authorization for use of ORM-D Classification (Consumer Commodity) Extended to end of 2020!

Announced January 7, 2013 in the Federal Register and effective January 1, 2013, the PHMSA of the US Department of Transportation granted the request of the American Coatings Association (ACA) to extend the authorization for use of the ORM-D classification and the use of the “Consumer Commodity, ORM-D” marking on packages transported by highway, rail, and vessel through the end of 2020!

The use of the ORM-D classification and the Consumer Commodity Exception was originally proposed by the PHMSA to be phased out on the following schedule:

  • January 1, 2013:  End use of ORM-D classification and Consumer Commodity Exception for transportation by air.  Instead use internationally-accepted Limited Quantity Exception and Marking.  This regulation remains in effect.
  • January 1, 2014:  End use of ORM-D classification and Consumer Commodity Exception for transportation by all other modes of transportation (highway, rail, vessel).  Instead use internationally-accepted Limited Quantity Exception and Marking.  This date has now been extended to January 1, 2021.

The news of this extension came as a surprise to me since I understood that the proposed extension was only to be through 2015!  The extension in this Final Rule is a lot longer and should be a great relief to those who ship hazardous materials that meet the definition of consumer commodities.

In the amendments to the Final Rule the PHMSA also:

  • Authorized the continued use of the square-on-point and ID number for limited quantity markings until January 1, 2015.
  • Exempted Limited Quantity shipments from reporting requirements under 49 CFR Part 171.
  • Authorized Limited Quantity material to be transported as Materials of Trade.

This represents a significant modification of a proposed regulation and will have a great impact on industries that ship Consumer Commodities (think of the hazardous chemicals on store shelves, them).  In subsequent articles I will explain more in depth the scope of these changes and how they will affect your operations.  For now, I refer you to the ACA website and an article by Heidi Mcauliffe.

For more information:

I now must modify my HazMat Employee training presentation in order to reflect these changes.  Attending my Public Training Seminar or arranging for Onsite Training is a good way for you to stay on top of changes like these and others that are coming down the pike.

What is the Consumer Commodity Exception to the Hazardous Material Regulations?

A substance or material that the US DOT has determined is capable of posing an unreasonable risk to health, safety, and property will be regulated as a Hazardous Material when offered for transportation or transported in commerce.  Some Hazardous Materials are granted an exception from full regulation under the Hazardous Materials Regulations (HMR) if the US DOT believes that under certain specified combinations of packaging, quantity, or form it poses a low enough risk to preclude the need for full regulation.  One example of such an exception is the Consumer Commodity Exception.

The Consumer Commodity Exception is designed to allow for the transportation in commerce of hazardous materials:  bleach, drain cleaners, solvents, aerosols, etc. in small packagings (Limited Quantities) as long as those materials are, or similar to, the consumer products you see on retail store shelves.  The process to determining if a hazardous material may be shipped as a Consumer Commodity involves several steps, they are briefly outlined below:

  1. The hazardous material must first be eligible for the Limited Quantity Exception; the applicability of the Limited Quantity Exception is indicated in Column 8A of the Hazardous Materials Table @ 49 CFR 172.101 for each entry.  If it is available, Column 8A will reference the Section of Part 173 of Title 49 CFR that includes the requirements for shipping the hazardous material as a Limited Quantity.  An example of a hazardous material that may not use the Limited Quantity Exception is:  Iron Pentacarbonyl; one that may is:  Isobutyl Acetate (refer to §173.150 for more information on shipping this HazMat as a Limited Quantity).
  2. In the example of Isobutyl Acetate in the Hazardous Materials Table, a shipper will need to comply with all the requirements of §173.150 in order to ship the HazMat in compliance with the Limited Quantity Exception.
  3. If the Limited Quantity Exception is available and it also meets the definition of a Consumer Commodity you may then change its shipping name to Consumer Commodity and its hazard class to ORM-D.  A Consumer Commodity is defined at §171.8:

Consumer commodity means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This term also includes drugs and medicines.

The Hazardous Materials Table entry for a Consumer Commodity looks like this:

Symbols

Hazardous materials descriptions and proper shipping names

Hazard class or Division

ID#

PG

Label Codes

Special Provisions (§ 172.102)

(8)

Packaging (§ 173.***)

Exceptions

Non-bulk

Bulk

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8A)

(8B)

(8C)

D

Consumer commodity

ORM-D

None

156, 306

156, 306

None

Benefits to use of the Consumer Commodity Exception include:

  • No placards.
  • No shipping papers.
  • No labels.
  • Strong outer packaging acceptable instead of specification packaging.
  • No marking, other than ORM-D or ORM-D Air as applicable.

 

 

Unfortunately, the Consumer Commodity Exception and the ORM-D hazard class are not acceptable for international shipments of hazardous materials.  In order to bring our regulations into alignment with the rest of the world, the US DOT is currently phasing out ORM-D and the Consumer Commodity Exception and replacing it with a revised Limited Quantity Exception on the following schedule.

  • ORM-D-Air not acceptable for use after 12.31.12.
  • ORM-D not acceptable for use after 12.31.13.  US DOT has proposed extending this deadline to 12.31.15.
READ HERE HOW USE OF THE CONSUMER COMMODITY EXCEPTION HAS BEEN EXTENDED UNTIL THE END OF 2020.

I recently conducted on-site training for a facility that manufactured and shipped Consumer Commodities.  This change to the regulations had a significant impact on their business, but with training and a productive Q & A session, I feel confident I left them with a path forward thr0ugh this revision to the regulations.  Contact me and let me know how this change to the HMR will affect your operations and if you have any questions for me.

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/

Former and Present Other Regulated Materials (ORM)

Currently, and only until December 31, 2013 when it will cease to exist (unless an extension requested by US DOT to December 31, 2015 is granted), there is only one category of Other Regulated Material.  In the distant past (known as “The 90’s”) however, there were five of them:  ORM-A through ORM-E.  What remains today is the one known as Other Regulated Material-D or ORM-D.

The definition of ORM at 49 CFR 171.8 identifies it as an Other Regulated Material and refers to §173.144 (see below) which goes on to define solely the ORM-D; no reference is made to the other types of ORM.  While they no longer impact the Hazardous Material Regulations, an understanding of the history the HMR does help to develop a full appreciation of the existing regulations.  To fulfill your curiosity the full list of Other Regulated Materials – both past and present – are identified below:

  • ORM-A means a material which has an anesthetic, irritating, noxious, toxic, or other similar property.  It is regulated due to concern that a release during transportation could cause extreme annoyance to passengers and crew of transport vehicles.  No longer in use.
  • ORM-B means a material, including a solid when wet with water, that could cause significant damage to the transportation vehicle if it were to leak during transportation. An ORM-B material (no longer in use) is:
    1. Specifically designated by name in §172.101, and/or;
    2. A liquid that has a corrosin rate exceeding 0.250 inch per year (IPY) on non-clad aluminum.
  • ORM-C means a material which has other inherent characteristics not described as an ORM-A or ORM-B, but which make it unsuitable for shipment, unless properly identified and prepared for transportation.  ORM-C materials are specifically designated by name at §172.101.  No longer in use.
  • ORM-D in use at least until December 31, 2013 and defined at §173.144 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.
  • ORM-E means a material that is not included in any other hazard class but is subject to the requirements of this subchapter.  Materials in this class (no longer in use) include:
    1. Hazardous Waste, and;
    2. Hazardous Substances.

The list above is more of a historical record than an identification of current regulations since all but the ORM-D have been eliminated and it will be no more within a few more years.  The Hazardous Material Regulations (HMR) of the US DOT are always changing, and it is your responsibility to stay on top of them, my training will help you to do that.  Contact me with questions about the HMR or the Hazardous Waste regulations of the US EPA.