Received in July of 2020:

CLASSIFICATION: UNCLASSIFIED

Hello Daniels Training Services, INC. Team,

I read through your internet article USDOT Requirements for the Shipment of Empty HazMat Packagings thanks for posting it.

I have a couple of questions on behalf of the US Army Europe.

Situation: We have DOT 406 Bulk Fuel Cargo Tanks that must be returned to numerous Army bases across the USA from Europe. The tanks have contained fuel and have been completely drained (including pipes, pumps and removal filtering systems) according to the manufacturers technical manuals. There may be “Crevice” residue fuel trapped in pipe connection seals that is undrainable. We will use military vessels to get them back from Europe to the nearest port in the USA. The tanks will have onward shipping by commercial trucks to their final destinations in the USA. We find no examples or provisions in the 49 CFR 171-173 that define “Cleaning/Purging” certificates or statements. We want to make sure that the “Cleaning/Purging” certificate statement we prepare here in Europe is acceptable for commercial carriers in the USA to authorize them to carry these Bulk Fuel Cargo tanks as a Non-Hazardous Material shipment.

• Question 1. What resource document tells me the “SHIPPER” is responsible to know the exact provisions (standards) of what is meant by sufficiently cleaned of residue and purged of Flammable Liquid Vapors” for the below fuel types?
• Question 2. Must tanks be cleaned with liquid substance?
• Question 3. Or is “Draining all liquids & ventilating vapors below LEL levels to satisfy both terms, “Sufficiently Cleaned of Residue and Purged of Flammable Liquid Vapors” even if the temporary LEL of 0.00%(V) is recorded?
  • Critical LEL & UEL for the following fuel types:
    • UN1202 / Diesel fuel / LEL = 0.6%(V) / UEL = 7.5%(V)
    • UN1203 / Gasoline, MOGAS / LEL = 1.4%(V) / UEL = 7.6%(V)
    • UN1223 / Kerosene, JP-4, NATO F-40 / LEL = 1.3%(V) / UEL = 8.0%(V)
    • UN1863 / Aviation fuel / LEL = 0.7%(V) / UEL = 5.0%(V)
  • As you can see above, all these fuels have different Lower/Upper Explosion Limits.
• Question 4. Would you recommend that we set the standard with a LEL of 0.00% (V)?

Purpose of your efforts will help us establish a template certificate “Drain/Clean/Purge” statement for Fuel Cargo Tanks shipping for Soldiers returning from missions in support of the US Army in Europe.

Thank you in advance for any assistance you may provide us.

My reply:

Please see below.

• Question 1: There is no clear regulatory citation on this specific point in the USDOT/PHMSA Hazardous Materials Regulations (HMR).
  • At 49 CFR 171.8 a person who offers or offeror of a hazardous material (aka: the shipper) is a person who performs or is responsible for performing a pre-transportation function (described at 49 CFR 171.1(b)) or makes the HazMat available to the carrier.
  • The shipper is responsible for compliance with 49 CFR 173.29 Empty packagings as it is with the remainder of part 173.
  • The shipper must determine if the consignment is a HazMat and if so, what type and communicate that information to the carrier. This requires the shipper to determine if a packaging, “Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard”, or “Is refilled with a material which is not hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard;”
• Question 2: This is easier. No.
• Question 3: The HMR do not reference the LEL or UEL. It is up to the shipper to ensure compliance with 49 CFR 173.29. The HMR do not indicate how to do this.
• Question 4: I have no recommendation other than you ensure compliance with 49 CFR 173.29.
• Your purpose: I think it a good idea to draft a “certificate of drain/clean/purge” though one is not required by the HMR. In my experience, most carriers wish to see one if they suspect the presence of HazMat.

I hope this helps. Please contact me with any other questions.

Conclusion:

That seemed to have answered the question since I did not hear back from him/her. I did not mention in my reply the potential use of the Government Employee Exemption. I did not mention it since the email indicated the cargo tanks would be transported by commercial carrier within the U.S. The use of a commercial carrier precludes use of the Government Employee Exemption.