[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.12]

[Page 399-400]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
                           Subpart A--General
 
Sec. 173.12  Exceptions for shipment of waste materials.

    (a) Open head drums. If a hazardous material that is a hazardous 
waste is required by this subchapter to be shipped in a closed head drum 
(i.e., a drum with a 7.0 cm (3 inches) or less bung opening) and the 
hazardous waste contains solids or semisolids that make its placement in 
a closed head drum impracticable, an equivalent (except for closure) 
open head drum may be used for the hazardous waste.
    (b) Lab packs. (1) Waste materials classed as Class or Division 3, 
4.1, 4.2, 4.3, 5.1, 6.1, 8, or 9 are excepted from the specification 
packaging requirements of this subchapter for combination packagings if 
packaged in accordance with this paragraph and transported for disposal 
or recovery by highway only. In addition, a generic description from the 
Sec. 172.101 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.
    (2) Additional packaging requirements are as follows:
    (i) The outer packaging must be a UN 1A2 or UN 1B2 metal drum, a UN 
1D plywood drum, a UN 1G fiber drum or a UN 1H2 plastic drum tested and 
marked at least for the Packing Group III performance level for liquids 
or solids;
    (ii) The inner packagings must be either glass, not exceeding 4 L (1 
gallon) rated capacity, or metal or plastic, not exceeding 20 L (5.3 
gallons) rated capacity;
    (iii) Each outer packaging may contain only one class of hazardous 
material;
    (iv) Inner packagings containing liquid must be surrounded by a 
chemically compatible absorbent material in sufficient quantity to 
absorb the total liquid contents; and
    (v) Gross weight of the complete package may not exceed 205 kg (452 
lbs).
    (3) Prohibited materials. The following materials may not be 
packaged or described under the provisions of this paragraph (b): a 
material poisonous by inhalation, a Division 6.1 Packing Group I 
material, a Division 4.2 Packing Group I material, chloric acid and 
oleum (fuming sulfuric acid).
    (c) Reuse of packagings. A previously used packaging may be reused 
for the shipment of hazardous waste to designated facilities, not 
subject to the reconditioning and reuse provisions contained in 
Sec. 173.28 and part 178 of this subchapter, under the following 
conditions:
    (1) Except as authorized by this paragraph, the waste must be 
packaged in accordance with this part and offered for transportation in 
accordance with the requirements of this subchapter.
    (2) Transportation is performed by highway only.
    (3) A package is not offered for transportation less than 24 hours 
after it is finally closed for transportation, and each package is 
inspected for leakage and is found to be free from leaks immediately 
prior to being offered for transportation.
    (4) Each package is loaded by the shipper and unloaded by the 
consignee, unless the motor carrier is a private or contract carrier.
    (5) The packaging may be used only once under this paragraph and may 
not be used again for shipment of hazardous materials except in 
accordance with Sec. 173.28.

[[Page 400]]

    (d) Technical names for n.o.s. descriptions. The requirements for 
the inclusion of technical names for n.o.s. descriptions on shipping 
papers and package markings, Secs. 172.203 and 172.301 of this 
subchapter, respectively, do not apply to packages prepared in 
accordance with paragraph (b) of this section, except that packages 
containing materials meeting the definition of a hazardous substance 
must be described as required in Sec. 172.203 of this subchapter and 
marked as required in Sec. 172.324 of this subchapter.

[Amdt. 173-224, 55 FR 52609, Dec. 21, 1990, as amended at 56 FR 66265, 
Dec. 20, 1991; Amdt. 173-231, 57 FR 52939, Nov. 5, 1992; Amdt. 173-138, 
59 FR 49133, Sept. 26, 1994; 65 FR 50460, Aug. 18, 2000; 65 FR 58629, 
Sept. 29, 2000]