Here’s a question from September 18, 2017.  This guy had done his research (you can tell by his questions) but still required some guidance through the USDOT/PHMSA Hazardous Materials Regulations:

Good afternoon,

I’ve been doing some digging and I think I have the answer but I want to run it past you first.

What we’ll be doing: 2 – 400 gallon steel tanks fabricated to be about 4x6x5’ tall. They are open top tanks, like a cube. We’ll have them on a flatbed trailer. We will be taking them to a site, filling with diesel fuel, cleaning parts that are on site, draining the fuel and moving them to another site with no fuel in them. The driver will not have a commercial driver’s license (CDL). The GVW of the truck and trailer is less than 26,000 lb, so this is a CMV rig.

The combined gallons of the tanks is less than 1,000. We’re good. No endorsement needed. They are on a flatbed trailer. The intended use of the trailer is not for tanks, so it’s not considered a tanker. We’re good. No endorsement needed.

But, do we need to certify that the tanks are cleaned, purged, vapor free? We can rinse them very well at each cleaning station but they will no doubt a very small residual amount of fuel, at least a fuel smell – vapors.

If we rinse them with a degreaser to remove the odor, will that make us legal? Do we need to have them certified and then carry the cert with the us in the truck?

I think we need to have them certified clean and carry the cert. I hope I’m wrong.

What are your thoughts? Thank you very much.

Daniels Training Services, Inc. 815.821.1550 Info@DanielsTraining.com https://www.danielstraining.com/

My reply that same day:

It looks like you have done your research. I will try to assist you as best I can. Please see below.

• As long as the tanks are not being used to transport hazardous materials you are not subject to USDOT regulations.
• If however, the tanks contain the residue of a hazardous material (diesel) – even vapors – then the transportation in commerce is subject to regulation. If that is the case, what you have are bulk packagings of a hazardous material which require placards.  Read: USDOT Regulations for the Transport of “Empty” Packagings
• If placards are required to be displayed on a vehicle then, no matter the size, the driver must have a CDL with the HazMat endorsement.
• A vehicle greater than 10,000 lbs but less than 26,000 lbs GVW engaged in interstate transport (i.e. between two states) is a commercial motor vehicle (CMV) subject to some – but not all – Federal regulations. A vehicle of >26,000 lbs GVW is subject to full regulation.
• A vehicle engaged solely in intrastate transportation (does not leave the state) is subject solely to state regulations which may be more strict than Federal. Some states (e.g. California) regulate a CMV at less than 10,000 lbs.
• The HazMat endorsement on a CDL is required only if the vehicle is required to display placards.
• If the tanks are “sufficiently cleaned of residue and purged of vapors to remove any potential hazard”, then no HazMat exists, placards are not required.
• A certification is not required in order to indicate the tanks are “empty” as defined above. It is up to you as the shipper to determine if the definition of “empty” has been met. You may wish to create some type of certificate for the driver to provide to an inspector if stopped, but it won’t mean anything if any harmful vapors remain in the tanks.
• I assume from you question that you will not be transporting the diesel, that it will be on-site waiting for you. If this is the case then you are not a shipper or carrier of HazMat.
• Almost all transport of HazMat is subject to regulation and will require HazMat Employee training.
• I receive this question so frequently I turned it into an FAQ: Do I Need and “All Clean” Certificate for my Empty Cargo Tank?

I hope this helps. Please don’t hesitate to contact me with any other questions.

Like this article? Subscribe to my Monthly Newsletter No marketing emails!

This was clearly important to him because he replied immediately:

Thank you for your quick response.  Please scroll down and see the text below.  I found this in the regs – 49 CFR 173.29.  Great.

(b) Notwithstanding the requirements of paragraph (a) of this section, an empty packaging is not subject to any other requirements of this subchapter if it conforms to the following provisions:

(1) Any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation. This provision does not apply to transportation in a transport vehicle or a freight container if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee;

(2) The packaging—

(i) Is unused;

(ii) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;

We have the opportunity to rinse, scrub with degreaser and rinse again at each site.  These sites are all over the country so we’ll be interstate.  But with no residuals and no vapors we will not be transporting anything hazardous, just an empty tank.

What I’d like to do is generate a certificate for the driver that has the regulations listed for the office to see when we’re pulled over.  I have no doubt we’ll be pulled over at some point.  I’ll reference the CFR and hopefully the nice officer will let us go on our way peacefully.

How does that all sound?

Interested in a Webinar that covers this topic, and more! My Webinar Training Schedule

It didn’t sound too bad to me:

I think that sounds like a good idea.

Also, it may not hurt to contact a professional tank cleaner to see if they might let you have a look at the certificate they issue.  It might help you in selecting the wording for your certificate.

However, some language to the effect of “cleaned per 49 CFR 173.29(b)(2)(ii)…” would suffice.

Also, please note: the wastewater generated at each site will likely be a non-hazardous waste subject to state regulation.  For example, in Michigan it will likely be a Liquid Industrial By-Product.  In Pennsylvania, a residual waste.  In California, a non-RCRA hazardous waste.  In Texas a Non-Hazardous Industrial Solid Waste (Class 1 or Class 2).

Please contact me if you have any other questions about the transport of HazMat or the management of waste.

There were still some legs on this exchange:

We are working for a major oil company.  Our folks will check, but the client should have the means to dispose of / capture / store any rinse waters that are associated with their property.  Typically they would take care of that as they are the generators of such waste.