cargo tank

Q&A: May I transport an empty cargo tank when I don’t have the HazMat endorsement on my CDL?

A question, September 16, 2020:

Subject: placards

Message Body:
Sir:    If i pick up a propane truck (26,000 lb) with a new tank on it from the factory and it has the sticky placards on it can i cover them up to transport the truck to the destination?   I have a tank endorsement but no hazmat.  thank you.

My reply that same day:

As long as the cargo tank does not contain any HazMat at all. Not even the residue of the HazMat. Not even vapors. If you open the cargo tank and smell nothing but that fresh factory smell, then yes, you must cover up or remove the placards during transportation.

If any residue of the HazMat remains – even just vapors – then transport must be as fully-regulated, including the HazMat Endorsement on the CDL.

I hope this helps.

Please read:

Please contact me with any other questions.

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He had one more question for me (09.21.20):

I have one more question for you if you don’t mind. Can a state superseded any hazmat laws? If so would you have any idea what the fine would be?Also would the drivers license would be impacted if he violates any hazmat laws? Thanks again for your help.

I had another reply:

Good questions. See below.

  • The Hazardous Materials Regulations for HazMat transportation (including placards) are Federal. They are created by the Pipeline and Hazardous Materials Safety Administration within the US Department of Transportation (USDOT/PHMSA). States may not change them in any way, though a state may enforce the Federal regulations and issue state fines.
  • The commercial driver’s license (CDL) is issued by the state with both Federal and state requirements. Federal authority is under the Federal Motor Carrier Safety Administration within the USDOT (USDOT/FMCSA).
  • I don’t think – I am not entirely sure – violation of HazMat regulations will result in loss of CDL unless the violation is viewed to be criminal. The regulations of the FMCSA identify the ways a driver can lose their CDL and none of them are HazMat violations.

Other subjects related to HazMat and the CDL:

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That seemed to do it:

Thank you for the clarification.

Attendance During Loading and Unloading of Hazardous Materials From a Cargo Tank

Attendance During Loading and Unloading of Hazardous Materials From a Cargo Tank

A cargo tank is a type of packaging that when combined with a motor vehicle for highway transportation becomes a cargo tank motor vehicle (commonly referred to as a tanker truck). While its operation on a public roadway is the responsibility of the motor carrier, the responsibility to ensure attendance during loading or unloading of the cargo tank may be the responsibility of the motor carrier, the shipper of the HazMat, i.e., the person who offers it for transportation, a person operating the facility where transportation begins or ends, a contractor working for any one of the previous, or a third party.

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) regulate the loading and unloading of a cargo tank when it is performed incidental to transportation. It is the HMR that indicates who is responsible to ensure attendance by a qualified person at all times during loading and unloading of HazMat from a cargo tank.

The purpose of this article is to identify and explain the attendance requirements of USDOT/PHMSA at 49 CFR 177.834(i) of the HMR for the loading and unloading of hazardous materials from a cargo tank. (more…)

FAQ: What is a cargo tank and/or cargo tank motor vehicle (CTMV)?

FAQ: What is a cargo tank and/or cargo tank motor vehicle (CTMV)?

The Definitions:

The Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) define both a cargo tank and a cargo tank motor vehicle at 49 CFR 171.8.

Cargo tank means a bulk packaging that:

(1) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures (for the definition of a tank, see 49 CFR 178.320, 178.337-1, or 178.338-1, as applicable);

(2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle; and

(3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, or tank cars.

And…

Cargo tank motor vehicle means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle.

So lets break it down…
  • A cargo tank is a bulk packaging. A bulk packaging is also defined at §171.8 and explained in this article: Bulk Packaging for HazMat Explained! But for the purposes of this article a bulk packaging has a maximum capacity of more than any of the following:
    • 450 L (119 gallons) as a receptacle for a liquid.
    • 400 kg (882 pounds) and 450 L (119 gallons) as a receptacle for a solid.
    • Water capacity of 454 kg (1,000 pounds) as a receptacle for a gas. Note: a water capacity of 454 kg (1,000 pounds) calculates out to a volume of 450 L (119 gallons).
  • A cargo tank is intended primarily for carriage of liquids or gases but is not limited solely to those two phases of matter and may be used for a solid.
  • It is a tank and includes the appurtenances, reinforcements, fittings, and closures associated with a tank. Applicable definitions are found as follows:
    • §178.320 for the general requirements applicable to all DOT specification CTMVs.
    • §178.337-1 for the general requirements for a CTMV primarily for transportation of compressed gas (specification MC-331).
    • §178.338-1 for the general requirements for an insulated CTMV (specification MC-338).
  • It is permanently attached to or forms a part of a motor vehicle.

Or…

  • Is not permanently attached to a motor vehicle but must be loaded or unloaded without being removed from the motor vehicle.

And finally…

  • It is not manufactured to the specifications of any of the following (i.e., it isn’t any of the following):
    • Cylinder
    • Intermediate bulk container (IBC)
    • Multi-unit tank car tank (rail)
    • Portable tank
    • Tank car (rail)

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So what then is a cargo tank motor vehicle (CTMV)?

I think the definition of §171.8 answers that question without an explanation from me.

Relief of Requirements for Periodic Tests and Inspections of Cargo Tanks and Portable Tanks within the State of Alaska

Relief of Requirements for Periodic Tests and Inspections of Cargo Tanks and Portable Tanks within the State of Alaska

The Bullet:

Due to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, USDOT/PHMSA and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date.

Read the notice

Who:
  • The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
  • The Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA).
  • Department of Health and Human Services (HHS).
What:

Cargo tank motor vehicles (CTMVs) and portable tanks are subject to the following requirements for periodic testing and inspection:

  • Per 49 CFR 180.407(a)(1) a CTMV may not be filled with a HazMat and offered for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.407(c).
  • Per §180.605(a) a portable tank may not be returned for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.605(c).

The enforcement discretion applies only to the following:

  • CTMVs and portable tanks transporting HazMat along Alaska’s state highways.
  • CTMVs / portable tanks are no more than 90 days beyond required periodic testing or inspection dates.
USDOT/PHMSA  and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date, as required by 49 CFR §§ 180.407(a)(1) and (c), or 180.605(a) and (c).

To qualify for this enforcement discretion a motor carrier must complete the following:

  • CTMVs and portable tanks are not more than 90 days beyond the required periodic testing or inspection date.
  • Comply with the HMR to the maximum extent practicable.
  • Document why COVID-19 travel restrictions make compliance with the periodic testing and inspection regulations impracticable prior to operating CTMVs or portable tanks.
  • Make such documentation available for inspection by USDOT/FMCSA or USDOT/PHMSA.
Where:
  • This relief applies only to CTMVs and portable tanks transported by highway within the State of Alaska.
  • Shipments by other modes of transportation and in other states and territories of the U.S. must meet all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) unless relief has been provided elsewhere.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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When:
Why:

USDOT/PHMSA acknowledges the following:

  • The ongoing COVID-19 public health emergency has created travel restrictions throughout the U.S.
  • Travel restrictions within the state of Alaska and between Alaska and the contiguous 48 states have reduced the number of available inspectors.
How:

USDOT/PHMSA plays a leading role in the safe transportation of hazardous materials by all modes: highway, rail, air, & vessel. This includes the testing and inspection requirements for CMTVs and portable tanks.

Conclusion:

Yet another example of a regulatory agency providing relief from compliance with full regulations when necessary but in a very limited scope. Make certain your operations comply with all other requirements of the HMR – and the Federal Motor Carriers Safety Regulations (FMCSR) – if you are a motor carrier or a person operating a CTMV or transporting a portable tank. Contact me if you require HazMat Employee Training required by USDOT/PHMSA and Driver Training.

Q&A: Do I need a purge ticket for my cargo tank?

A question from November 12, 2017:

cargo tank motor vehicle

“tanker trailer” referred to in the hazardous materials regulations as: cargo tank

Hello, I just bought a tanker trailer and the seller said it was last used to haul non hazmat. The companies that want to transport it to me are asking for a wash ticket and that it be purged. Do I need to do that?

My reply the next day (11.13.17):

Thank you for contacting me. I will try to answer your question below.

  • The regulations of the USDOT do not require a wash/purge ticket for a packaging that contained a non-hazardous material. Non-HazMat are not subject to DOT’s Hazardous Materials Regulations.
  • The vehicle and trailer may be subject to other DOT regulations for licensing &etc.
  • If the trailer contained the residue (even vapors) of a hazardous material then it must be transported as one of the following:

Or…

    • Rinsed & cleaned & purged of all vapors so no hazard remains. In this case it can be shipped as non-HazMat.
  • A wash or purge ticket or certificate is not required to achieve the above. If you as the shipper are willing to certify that no hazard remains then it can be shipped as non-HazMat.
  • Of course, the carrier can always reject your certification and demand more – such as a wash/purge ticket – but it is not required by regulation.

In sum: you are not required to provide a wash/purge certificate in this case but you may need to or else find another carrier.

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

His reply that day (kinda’ made all of my work for naught!):

Thank you for the clarification. I did go to the company that sold me the vehicle and I did receive a purge ticket. The carrier that wants to transport my trailer to me wanted one. I just wasn’t sure. Thanks for the info again.

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Conclusion:

I’m glad that it all worked out for this person.  This type of situation is not uncommon in the HazMat transportation industry; someone insists on something not required by the regulations.  Your options are either to “push back” and ask them to cite the regulations they are using as justification for their claim or meekly go along with their demands.  (I don’t intend to disparage the meek, they help to get a lot of things done.)

For more information on this topic read: Emptying a Hazardous Material Packaging

Q&A: What tanker specification is required for non-HazMat?

A question from someone within the trucking industry (05.03.17). Sent to the Contact Me page on my website:

Daniel,
What standard would apply to a tanker trailer hauling NON-hazardous liquids?
I keep getting referred to DOT 406/407, but those do not apply as far as I can tell because they apply to the hauling of HAZMAT only.
Where should I be looking?

Thanks!

My reply that same day:

PHMSA/US DOT does not regulate non-hazardous material in transportation.  There are no specifications for a cargo tank truck used to transport non-haz.

But not so fast!

A cargo tank – or any packaging – marked to indicate it conforms to a DOT Specification or a UN Standard must conform to that specification or standard even if it is used to contain a non-hazardous material for transportation.  If a packaging – including but not limited to a cargo – tank is marked to indicate it conforms to a DOT Specification or a UN Standard but does not and is being used for the transport of a non-hazardous material the name plate and specification plate should be made illegible by covering with duct tape or a hinged metal plate.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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What’s on That Truck? UN2304!

I saw this truck while negotiating through Chicago-area highway traffic.  Luckily I had an assistant riding shotgun to take these few photos.  I was at first intrigued by the combination of a Division 4.1 Flammable Solid placard and a HOT marking both on a cargo tank motor vehicle.  “What is on that truck?” I thought.  Some research into the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (USDOT) provided the answers I sought.

Using the identification number on the placard I was able to determine the shipping description from the Hazardous Materials Table at 49 CFR 172.101:

UN2304, Naphthalene, molten, 4.1, packing group III.

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It’s hazard class/division is 4.1 which is designated as Flammable Solid.  It would appear that we have a solid, but a cargo tank – as defined at 49 CFR 171.8 – is intended primarily for the carriage of liquids or gases.  Apparently, a molten material fills that middle ground between a solid (and thus the Division 4.1) and a liquid (and thus the cargo tank).

The special provision codes in column 7 of the Hazardous Materials Table (IB1, T1, TP3) apply to the transport of this HazMat in an intermediate bulk container (IBC), or portable tank, respectively; and thus are not applicable to the transport of UN2304 in a cargo tank.

Read:  The Meaning of the Symbols in Column 7 of the Hazardous Materials Table

Column 8 of the Hazardous Materials Table references the applicable section of Part 173 to identify the authorized packaging for the HazMat.

  • Column 8A for the Limited Quantity Exception.
  • Column 8B for a non-bulk packaging
  • Column 8C for a bulk packaging

Read:  What is a Bulk Packaging?

Read:  Authorized Packaging in Column 8 of the Hazardous Materials Table

The reference in column 8C for UN2304 is 241, therefore:  49 CFR 173.241 – Bulk packagings for certain low hazard liquid and solid materials.  Here again we see how molten naphthalene is managed as both a liquid and a solid.  Authorized cargo tanks for this HazMat are identified in subparagraph (b):

  • DOT specification cargo tank motor vehicles: MC 300, MC 301, MC 302, MC 303, MC 304, MC 305, MC 306, MC 307, MC 310, MC 311, MC 312, MC 330, MC 331, DOT 406, DOT 407, and DOT 412.
  • Non-DOT specification cargo tank motor vehicles suitable for transport of liquids.

That last point is interesting as it means that a DOT specification packaging is not mandated for the transport of UN2304, Naphthalene, molten in a cargo tank!  As this encounter took place at freeway speeds, I was not able to determine if it was a DOT specification cargo tank and if so, what type.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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Since its transport is in a bulk packaging, the cargo tank must display the applicable placard for the hazard class or division of the HazMat, and that is clearly the case here.  While only two sides of the cargo tank are visible, I’m going to assume that the placard is visible on all four sides of the cargo tank as required.

The identification number for the HazMat: UN2304 minus the “UN”, is visible on the placard.  Despite its display on the placard it is actually a marking and is required by 49 CFR 172. 302(a)(1).

The display of the HOT marking – yes, I know it looks like a placard but it actually a marking – must be displayed on two opposing sides of a bulk packaging containing an elevated temperature material (49 CFR 172.325).  It appears in this case more than the required number of HOT markings was used since it’s visible on in these photos on both the back and right side of the cargo tank.  I will assume that the HOT marking is also displayed on the two unseen sides of the cargo tank making it visible on all four sides of the cargo tank.

Read:  What is an Elevated Temperature Material?

Read:  Q&A: How Must I Display the HOT Marking and the Identification Number on a Cargo Tank?

Read:  Additional Description on a Shipping Paper for Elevated Temperature Material

You can tell a lot about the hazardous materials transported in our midst if you know how to read the hazard communication methods: placards, labels, markings, and shipping papers; and know how to use the Hazardous Materials Regulations of PHMSA/USDOT.

I can help you to read the hazard communication methods and learn what they mean to you.  You must know this for the hazardous materials you work with every day.  Contact me to schedule the HazMat Employee training required by PHMSA/USDOT regulations.

Q&A: The Display of “HOT” or the Identification Number Marking on Packages of Elevated Temperature Materials

Q&A: The Display of “HOT” or the Identification Number Marking on Packages of Elevated Temperature Materials

This question came through my website May 2, 2016 from someone I’ve never done business with prior to – or since – this contact:

To Whom It May Concern,

I saw a recent post you made on your web site regarding elevated temperature materials, a requirements for labeling requirements.

Can you answer the following question for me?

Does the transportation of liquid asphalt, if shipped above 212 degrees F, as an elevated temperature material, require the use of 4-digit identification number on shipping documents, placards, or panels as named in part 11 Section 172.101, Publication BOE 6000?

Any advice or guidance would be greatly appreciated.

My reply on May 2nd, to buy myself some time:

I will research the information and get back to you with an answer this week.

And then, on May 7, 2016:

I will attempt to answer your question below.

An elevated temperature material is defined at 49 CFR 171.8, as a material in a bulk packaging that…
  • Is in a liquid phase and at a temperature at or above 100 °C (212 °F);
  • Is in a liquid phase with a flash point at or above 38 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point;or,
  • Is in a solid phase and at a temperature at or above 240 °C (464 °F).

What you describe appears to be an Elevated Temperature Material.  If that is the case, then it must be shipped as a fully regulated hazardous material which includes but is not limited to:

  • Shipping papers, including the additional description (see below).
  • Placards will not be required if the HazMat is solely a Class 9 Miscellaneous.  Why not?  Class 9 Placards are not required within the U.S.
  • Labels are not required on a bulk packaging.
  • The following package markings:
    • The HazMat’s 4-digit identification number (UN3257) on two opposing sides of a bulk packaging with a capacity of <1,000 gallons or on all four sides of a bulk packaging with a capacity of ≥1,000 gallons.  The identification number must be displayed on all four sides of a cargo tank or tank car.
    • “HOT” must be displayed on two opposing sides of any bulk packaging.
More information:
Please don’t hesitate to contact me if you have any questions.
cargo tank motor vehicle of UN3257I thought that might be it, but a few days later (5.09.16) he replied with more questions:
Thank you for taking a look at this issue.  I am very appreciative, and I hope you don’t find my follow up question unnecessarily argumentative.
However, I am just 100% not sure I agree with your conclusion.
I do agree that the product is an elevated temperature material.    However, I am not convinced the four digit identifier is required to be on the car or paperwork, as opposed to just using the word “HOT” on two placards placed on the rail car and on the  BOL.
Per CFR 172.325(a)  – “bulk packaging containing elevated temperature material must be marked on two opposing sides with the word ‘HOT’”.  There is no mention of the requirement to use the four digit Identifier, only the word “HOT”.  In fact, under  CFR 172.325(c) it states, “If identification number is displayed…” .  Hence the CFR’s use of the word “IF” certainly makes it sound like the four digit identifier is optional.
As you correctly point out in your email, “
According to 49 CFR 172.504(f)- (9), “For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portion of international transportation, defined in § 171.8 of this subchapter, which occurs within the United States. However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration as required by subpart D of this part.”
The language is pretty clear that while “a bulk packaging must be marked with the appropriate identification number on class 9 placard”  it continues on further to say “OR a white square-on-point display” indicating that either can be used, and if a white square-on-point display is used then there is no 4 digit identifier is required.
I would greatly appreciate your further thoughts based on these arguments.
Full text here and below…
§ 172.325 Elevated temperature materials.
(a) Except as provided in paragraph (b) of this section, a bulk packaging containing an elevated temperature material must be marked on two opposing sides with the word “HOT” in black or white Gothic lettering on a contrasting background. The marking must be displayed on the packaging itself or in black lettering on a plain white square-on-point configuration having the same outside dimensions as a placard. (See § 172.302(b) for size of markings on bulk packagings.)
(b) Bulk packagings containing molten aluminum or molten sulfur must be marked “MOLTEN ALUMINUM” or “MOLTEN SULFUR”, respectively, in the same manner as prescribed in paragraph (a) of this section.
(c) If the identification number is displayed on a white-square-on-point display configuration, as prescribed in § 172.336(b), the word “HOT” may be displayed in the upper corner of the same white-square-on-point display configuration. The word “HOT” must be in black letters having a height of at least 50 mm (2.0 inches). Except for size, these markings shall be as illustrated for an Elevated temperature material, liquid, n.o.s.:

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I didn’t mind his challenge.  It caused me to think deeper about the regulations before I replied that same day:

I agree with the regulatory citation you indicated but not the conclusion you draw.  In your previous email you state:

The language is pretty clear that while “a bulk packaging must be marked with the appropriate identification number on class 9 placard”  it continues on further to say “OR a white square-on-point display” indicating that either can be used, and if a white square-on-point display is used then there is no 4 digit identifier is required.

My interpretation of the Hazardous Material Regulations  you reference is this:

  • The regulations require a bulk package of a HazMat to be marked with the identification number.  Indeed, all HazMat packages must be marked with the identification number unless an exception to the Hazardous Material Regulations applies.
  • The identification number may be displayed on a placard, or an orange panel, or a white square-on-point.
  • If the white square-on-point is used the word “HOT” may be included in the upper corner if the HazMat is also an Elevated Temperature Material.
  • It does not say that the display of the identification number on the white square-on-point is a replacement for the “HOT” marking or vice versa.

The “HOT” marking is required on a cargo tank of an Elevated Temperature Material in addition to the identification number, not as a replacement for it.

cargo tank truck with elevated temperature material

This cargo tank is missing its identification number

I’m happy to continue this discussion with you.
Clearly this issue was important to him and he had given it a lot of thought (5.09.16):

Dan,

Hope you don’t mind the back and forth on this.
You state, “The regulations require a bulk packaging to be marked with the identification number.”  However, per CFR 172.504(f) -9 it states, “However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, OR a white square-on-point display configuration as required by subpart D of this part.”
Does the “or” not mean or?
Our exchanges got shorter as we refined our arguments (5.10.16):

You are correct.  The “or”, however, pertains to the options for how to display the identification number not if you display the identification number.  Display of the ID # is not optional.

Please let me know your opinion on this.

May 10, 2016, Finally my answer satisfied him!

Thanks for clarifying!   That helps.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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I was glad to help and couldn’t resist a shameless plug:

No problem. Glad I could help. Please let me know if I can answer any other questions you may have.

Or if you require any training.

Q&A: What are the Shipper’s Responsibilities for the Transport of Diesel Residue in Fuel Tank Trailers?

Question to the Contact Me page of my website on March 7, 2015:

Combustible Placard with ID NumberLooking for guidance on the shippers responsibilities in reference to DOT hazmat regs when shipping empty 6,000 fuel tank trailers. The tank trailers have been re-built, pump tested, drained (but not triple rinsed), contain residual diesel fuel (50 gal or less) and will be loaded on another conveyance/trailer for transport (will not be towed).

My “Thanks and give me some time” response on March 9th:

That’s a good question. Let me do a little research and get back to you sometime later this week.

Questioner’s acknowledgement and a little more information (3.9.15):

Thank you Daniel.

We are being told the trailers must have a drain and purge certificate (be purged and triple rinsed) and hazmat certification documents prepared prior to shipment; however purging with water causes problems with the functionality of the tanker if it sets in storage for a while before shipment. The trailers are drained but there is residual diesel remaining in the pump filters, etc.

The Big Answer on March 13th:

What you describe (a 6,000 gal fuel tank trailer) is identified in the Hazardous Material Regulations (HMR) of PHMSA/USDOT as a Cargo Tank.  From 49 CFR 171.8:

Cargo tank means a bulk packaging that:
(1) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures (for the definition of a tank, see 49 CFR 178.320, 178.337-1, or 178.338-1, as applicable);
(2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, or tank cars.

When a Cargo Tank is part of a motor vehicle it is identified as a Cargo Tank Motor Vehicle.  Also from 49 CFR 171.8:

Portable tank used to transport HazMat by highway

An example of a portable tank

 Cargo tank motor vehicle means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle.

Cargo Tank Truck of Compressed Gas

Example of a cargo tank motor vehicle.

So, what you describe is the transportation of a Cargo Tank that contains the residue of a hazardous material (I assume the diesel fuel is a Class 3 Flammable or Combustible Liquid).  The HMR regulates a packaging containing any residue of a hazardous material the same as if it was full.  There is an exception from some of the requirements of the HMR available to packaging with HazMat residue, but it does not apply to a bulk packaging as in this situation.

Available options:
  • Transport the HazMat residue-containing Cargo Tanks as hazardous materials subject to all of the requirements of the HMR.  This includes shipping papers, placards, HazMat labels, markings, HazMat Employee training, registration as a Shipper of HazMat, providing emergency information, &etc.
  • Remove all residue from the Cargo Tanks so that they are rinsed, cleaned, and purged of all vapors.  Then ship as non-hazardous.
  • Fill the Cargo Tanks with some non-hazardous material that is compatible with the residual diesel fuel so that the resulting mixture is non-hazardous.
I hope this helps.  Please don’t hesitate to contact me with any other questions.
Dan
Another grateful HazMat Shipper (though not yet a customer) on March 13th:
Daniel,Thank you so much for taking the time to research this issue and I really appreciate the guidance and options you provided.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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I receive and respond to questions like this all the time.  Let me help you with the questions you have about the transportation of hazardous materials.

Hey! What’s on That Truck? Identification of Hazardous Materials in Transportation

One thing about hazardous materials that can’t be denied is that they move among us all the time.  It’s the proximity of hazardous materials in commerce to people that makes adherence to the Hazardous Materials Regulations so important.  Since we find hazardous materials in transportation around us frequently, it behooves us to learn more about them and the hazard communication methods.  Take a look at the photo below and see if you agree with my interpretation of the regulations. (more…)