Plastic Packagings for Small Quantities

This is in response to your letter and subsequent telephone conversations with Eric Nelson of my staff requesting clarification of the small quantity exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Specifically, you ask whether your packaging and inner receptacle qualifies for the small quantity provisions of § 173.4. The inner receptacle is comprised of a split compartment poly-textile pouch that contains sodium chlorite solid in one compartment and anhydrous citric acid in the other compartment. This pouch is placed in a poly/foil/paper pouch, which is then placed in a polyethylene plastic bag.

A material may be transported under the small quantity exceptions if it is prepared in accordance with the quantity limits and packaging requirements in § 173.4, which includes the requirement that inner receptacles be made of plastic at least 0.008 inches thick, or glass, earthenware, or metal. Based on the information you submitted, we agree that your package may be transported under the small quantity exception provided the quantity of hazardous materials is less than 30 grams (1 ounce) and all other provisions in § 173.4 are met. Packing a nonhazardous material in excess of the 30 grams in the same package is permitted provided the package conforms with the requirements of § 173.21. Based on the information you submitted, we agree that a mixture of sodium chlorite solid and anhydrous citric acid is unlikely to produce dangerous quantities of chlorine dioxide gas under normal shipping conditions, and thus, would not be in violation of the prohibition in § 173.21(e).