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:

• Transport of Empty Packagings and the Need for HazMat Labels, Placards, Markings, &etc.
• “Emptying” a Hazardous Materials Packaging
• USDOT Requirements for the Shipment of Empty HazMat Packagings

Please contact me with any other questions.

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 Can a state superseded any hazmat laws?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.

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…)

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)

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.

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.

When:

• Date of issuance: May 08, 2020.
• This Notice of Enforcement Discretion is effective as long as the public health emergency due to COVID-19 declared by HHS is in effect, or 90 days from its date of issuance (August 08, 2020).
• UPDATE: July 09, 2020 USDOT/PHMSA announced an extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Relief of Requirements for Periodic Tests and Inspections of Cargo tanks and Portable Tanks =within the State of Alaska

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.

A question from November 12, 2017:

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:
  • A fully regulated HazMat: shipping paper, placards, HazMat Employee training, HazMat endorsement on driver’s CDL…

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.

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