...
Generally, an empty packaging containing only the residue of a hazardous material are offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material. However, there are some conditions in which an empty package previously containing hazmat is considered empty and not subject to the hazardous materials regulations.
Scope
Regulatory citations
- 49 CFR 173.29 — Empty packagings
Key definitions
- Packaging: A receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements.
- Primary hazard: The hazard class of a material as assigned in the 172.101 table (the Hazardous Materials Table).
- Residue: The hazardous material remaining in a packaging, including a tank car, after its contents have been unloaded to the maximum extent practicable and before the packaging is either refilled or cleaned of hazardous material and purged to remove any hazardous vapors.
- Subsidiary hazard: A hazard of a material other than the primary hazard.
Summary of requirements
An empty packaging is not subject to any other requirements of the hazardous materials regulations (HMR) if:
- Any hazardous material marking (shipping name, ID number, inhalation hazard), label, or placard is removed, obliterated, or securely covered in transportation (not required when in a vehicle or freight container, not visible in transport, and is loaded by the shipper and unloaded by the shipper or the receiver);
- The packaging:
- Is unused;
- Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;
- Is refilled with a material that is not hazardous to such extent that any residue remaining in the package no longer poses a hazard; or
- Contains only the residue of:
- An ORM-D/limited quantity material; or
- A non-flammable gas (other than ammonia anhydrous) with no subsidiary hazard at a gauge pressure less than 200 kPa (29 psig) at 20°C (68°F); and
- It does not contain a hazardous substance, hazardous waste or a marine pollutant.
Non-bulk packaging with residue. A non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of 172.504:
- Does not have to be included in determining placarding; and
- Is not subject to the shipping paper requirements when collected and transported by a contract or private carrier for reconditioning, remanufacture, or reuse (173.29(c)).
Elevated temperature materials. A package that contains a residue of an elevated temperature material may remain marked as when it contained a greater quantity, even though it no longer meets the definition of an elevated temperature material (173.29(g)). See Elevated Temperature Materials for more information on this topic.
Hazardous substances, hazardous wastes, or marine pollutants. A package that contains a residue of a hazardous substance, that is not a hazardous waste or marine pollutant, may remain marked, labeled, or placarded as when it contained a greater quantity, even though it no longer meets the definition of a hazardous substance (173.29(h)).