Pressure Points
Last Call for ORM-D
Harmonizing U.S. regulations with the international community
expands market access, decreases cost, increases
efficiency and enhances safety. However, reaching
alignment often requires a lot of time and effort on the part of
regulators and industry. Such is the case with creating a single
global system for the packaging and transportation of hazardous
materials.
Many common household and commercial products, including
aerosols, are classified as hazardous materials under the U.S.
Dept. of Transportation’s (DOT) Hazardous Materials Regulations
(HMR), the UN Model Regulations (UNMR) and the
International Maritime Dangerous Goods (IMDG) Code.
In small quantities,
with the correct
packaging and labeling,
shipments of these types
of products present a
limited hazard during
transportation. To
recognize this, there is a
marks, as well as the ORM-D (Other Regulated Materials for
Domestic Transport Only) mark.
Limited Quantity Marking
When used correctly, the Limited Quantity provision and mark
allows the shipment to avoid extra paperwork and ship safely
and efficiently. The ORM-D does the same, however it is not
internationally recognized, and the DOT’s Pipeline & Hazardous
Materials Safety Administration (PHMSA) will not accept its use
after Dec. 31, 2020.
The Limited Quantity provisions in the UNMR and the IMDG
Code were already closely aligned with those in the HMR, so
while it has taken almost a decade, phasing out the ORM-D classification
is a major step toward creating a single global system for
the packaging and transportation of hazardous materials.
The original 2011 PHMSA rulemaking called for the transition
from ORM-D to the Limited Quantity markings for ground
transportation and air transportation to be complete on Dec. 31,
2013. However, while industry agreed with the goals of the rule,
concerns were raised that the transition was not long enough
to deplete existing stocks in the supply chain. PHMSA was
petitioned to reconsider, and the result was the extension of the
ORM-D transition duration to Dec. 31, 2020, after which ORMD
will no longer be authorized.
For those of you that have not yet started transitioning away
from ORM-D, I urge you to start now. Materials marked as ORMD
will have to conform to the requirements for Limited Quantity
shipments or be shipped as fully regulated materials. It would
be undesirable for your product to be stopped in the channels of
distribution in January 2021 because it was old inventory. The
Household & Commercial Products Association (HCPA) has a
number of resources to assist in your compliance efforts.
I would encourage you to attend our next in-person meeting at
the HCPA’s Annual Meeting, XPAND2019, in Fort Lauderdale,
FL on Dec. 8–11, where HCPA’s Aerosol Products Division will
be engaging in topics that are aimed to minimize regulatory impacts
while expanding opportunities for growth in the aerosol industry.
We’ll be discussing the latest on our petition to PHMSA
to harmonize the definition of an aerosol and other efforts to
align ourselves with the international community. Other meeting
topics have included aerosol waste disposal and recycling, particle
size distribution, inhalation toxicity, volatile organic compound
(VOC) and hydrofluorocarbon (HFC) regulatory actions, Safer
Choice, plastic and other packaging types, new technology and
transportation.
Please do not hesitate to contact me at ngeorges@thehcpa.org if
you have any shipping questions about the phase-out of ORM-D,
utilizing Limited Quantity or XPAND2019.
149 CFR § 172.315
2Docket No. PHMSA-2017-0131
3Hodnebrog, Ø et al. Lifetimes, direct and indirect radiative forcing, and global
warming potentials of ethane (C2H6), propane (C3H8), and butane (C4H10).
Atmos. Sci. Lett. 2018;19;e804
4IPCC, 2014: Fourth Assessment Report
10 Spray October 2019
NICHOLAS GEORGES
HCPA Senior Director
Scientific & International Affairs
ngeorges@thehcpa.org
When used correctly, the Limited Quantity
provision and mark allows the shipment to
avoid extra paperwork and ship safely and
efficiently. The ORM-D does the same,
however it is not internationally recognized,
and the DOT’s Pipeline & Hazardous
Materials Safety Administration (PHMSA)
will not accept its use after Dec. 31, 2020.
Continued on page 31
Limited Quantity exception with corresponding packaging label
For Air Transportation
For Ground Transportation