ORM-D (Other Regulated Materials, Domestic) was a historical classification established by the U.S. Department of Transportation (DOT) for shipping hazardous materials. This designation permitted a streamlined process for certain low-risk materials transported in limited quantities exclusively within the domestic United States. Part of the Hazardous Materials Regulations (HMR) found in Title 49 of the Code of Federal Regulations (49 CFR), ORM-D allowed shippers to bypass some complex requirements of standard HazMat shipping rules. This article explains the former ORM-D classification and introduces the current system that replaced it.
Defining ORM-D
The ORM-D classification applied specifically to “Consumer Commodities.” This meant the material was packaged and distributed in a form intended for retail sale, suitable for personal care or household use. Examples included common household products like aerosol cans, nail polish remover, and certain cleaners. The material presented a limited hazard during transportation due to its form, quantity, and packaging.
The primary function of ORM-D was to provide regulatory relief from the full scope of 49 CFR, allowing a simplified shipping process. Materials classified as ORM-D were generally excepted from requirements like UN specification packaging, hazard labels, and shipping papers for ground transport. This exception eased the burden on retailers and distributors, ensuring everyday items containing small amounts of hazardous substances could move through the supply chain efficiently.
The Phase-Out of ORM-D
The DOT initiated the phase-out of the ORM-D classification to harmonize U.S. domestic HazMat regulations with international standards. This regulatory change, finalized under rulemaking HM-215K in 2011, aimed to align 49 CFR with the United Nations Model Regulations governing international dangerous goods transport. The goal was to create a single, globally recognized system for shipping small quantities of hazardous materials.
The transition occurred over several years, starting with the elimination of the ORM-D-AIR marking for materials shipped by air on January 1, 2013. The final deadline for using the ORM-D designation for all domestic ground shipments was December 31, 2020. As of January 1, 2021, the ORM-D marking is officially obsolete and prohibited from use in shipping.
The Replacement: Limited Quantity
The system that replaced ORM-D is the “Limited Quantity” classification, recognized globally as the standard for low-risk HazMat shipments. This classification is primarily found in 49 CFR sections 173.150–173.156 and serves the same purpose as its predecessor. It continues to provide regulatory exceptions for small, packaged amounts of hazardous materials, acknowledging that a small container poses less risk than a large drum of the same material.
For most shippers, materials that qualified as ORM-D continue to qualify under the Limited Quantity provisions. The change focused on adopting internationally standardized marking and packaging requirements, rather than altering the materials themselves. Materials previously classified as ORM-D transitioned to being shipped under the Limited Quantity exception, using the new label and updated packing instructions. This move created a uniform set of rules, simplifying compliance across different modes of transport.
Requirements for Limited Quantity Shipments
The current Limited Quantity regulations establish specific steps for shippers to maintain compliance while benefiting from regulatory relief. Adhering to these requirements is necessary to legally transport these materials domestically and internationally.
Quantity Limits
The allowable quantity for Limited Quantity shipments is regulated based on the specific hazard class of the material. Inner packaging limits are determined by consulting Column 8A of the 49 CFR 172.101 Hazardous Materials Table. The total gross mass of the completed outer package must not exceed 30 kilograms (66 pounds) for ground transport. Air transport is more restrictive; while the gross package weight limit is often the same, inner packaging limits for air are typically lower and require a different marking.
Packaging Standards
Limited Quantity shipments do not typically require UN Specification packaging, which is mandated for fully regulated HazMat shipments. Instead, shippers must use combination packaging, securing inner receptacles within a strong outer packaging. The outer packaging must be structurally sound and capable of withstanding the normal conditions of transport, including stacking and handling, without breakage or leakage.
Marking and Labeling
The Limited Quantity marking is a square-on-point (diamond) symbol with a black border and a white center. For domestic ground shipments, the mark is used without any letters inside. If the package is prepared for air transport, the mark must include the letter “Y” in the center to indicate compliance with air-specific regulations. Shippers of liquids must also affix orientation arrows to the package, as required by 49 CFR 172.312(a)(2), to ensure the package is kept upright during transit.
Penalties for Non-Compliance
Failure to properly classify, package, mark, or document hazardous materials under 49 CFR can result in significant financial and legal consequences. The DOT periodically adjusts civil penalties for violations to account for inflation. Civil penalties for a single violation of the hazardous materials transportation law can reach up to $99,756 per day.
If a violation leads to death, serious illness, or substantial property destruction, the maximum civil penalty increases significantly, potentially reaching $232,762 per violation. A minimum civil penalty of $601 is in place for violations related to the mandatory training of HazMat employees. Willful violations can lead to criminal prosecution, with fines up to $500,000 for corporations and the possibility of imprisonment for individuals.