Question (03.17.21):

Hi Daniel,

We have a customer who wants to ship empty containers to a container cleaning center. The totes and drums are empty and have been rinsed. Those containers had hazmat materials, can they cover up the labels and ship them ?

Regards,

Answer (03.17.21):

Thank you for contacting me. Please see below.

There are two options for the transport of these packagings in compliance with the Hazardous Materials Regulations (HMR) of USDOT/PHMSA:

Option 1: No Hazard

• The transportation of a packaging is not subject to the HMR under the following conditions:
  • It is unused.
  • It has been cleaned of residue and purged of vapor to remove any potential hazard.
  • It has been refilled with non-HazMat so no hazard remains.
• Under any of the above conditions the packaging is excepted from the HMR and may be transported as non-HazMat if the following is done:
  • All hazard communication (labels, marks, etc.) indicating the packaging contains a hazardous material are removed, obliterated, or securely covered.

Or…

• • The packaging is not visible during its transportation and it is loaded by the shipper and unloaded by the receiver or shipper.

Option 2: The Empty Packaging Exception

• If any HazMat residue remains the packagings may still be transported under the empty packaging exception. Compliance with the empty packaging exception requires the following:
  • It is a non-bulk packaging with a maximum capacity of no more than 450 L (119 gal).
  • It meets the USEPA criteria for RCRA empty with no more than 2.5 cm (1 in) of residue.
  • It is a HazMat found in Placard Table 2 at 49 CFR 172.504(e).
  • Transportation is by a private or contract motor carrier. Transportation by a common carrier is not eligible for the full empty packaging exception.
• If the consignment is eligible for the full empty packaging exception, compliance requires the following:
  • It is not required to display placards on the vehicle.
  • It is not required for the shipper to prepare a shipping paper.
  • Package marks and labels are required to be displayed on the packaging the same as if it is full.
  • All other requirements of the HMR remain, e.g., HazMat Employee training.
• If the consignment is eligible only for the partial empty packaging exception, compliance requires the following:
  • It is not required to display placards on the vehicle.
  • The shipper must prepare and sign  a shipping paper that describes the consignment as a hazardous material.
  • Package marks and labels are required to be displayed on the packaging the same as if it is full.
  • All other requirements of the HMR remain, e.g., HazMat Employee training.

You indicate the packagings are empty and have been rinsed. The question to be answered is this:

Have they been emptied and rinsed to remove any potential hazard?

• If yes, then the packagings may be offered for transportation as described in Option 1.
• If no, then either the full or partial empty packaging exception described in Option 2 is available.

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

That did it!:

Hi Daniel,

Thanks for the information and the links, this really helps.

A question 11.22.21:

Hello I have been asked to transport IBC containers containing trace (essentially empty) amounts of several types with id #1789/1790/1835/2031 am I correct in assuming they should still be identified by their numbers on the outside of my trailer even though they are in small quantities? I am in New York…

My answer:

You are correct. A bulk packaging (e.g., IBC or intermediate bulk container) that contains even trace amounts of a HazMat is subject to full USDOT regulations. This includes but is not limited to the following:

• Placards and the HazMat’s identification number displayed on all four sides of vehicle.
• Hazard communication including labels & marks on the packaging.

Read: Hazard Communication Options on the Intermediate Bulk Container

• A HazMat shipping paper to describe the consignment.
• A commercial driver’s license (CDL) with the HazMat endorsement for the driver.
• HazMat Employee training (I provide this training).

Read: USDOT/PHMSA Regulation of Empty Packagings with Residue

Please contact me with any other questions.

Conclusion:

Another driver with a question. I’m glad he/she contacted me and I’m glad I was able to answer their question. HazMat transportation is too important to risk a non-compliance.

Scope and Applicability:

The above answer is derived from the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

A question from a soldier in the U.S. Army on July 20, 202o:

CLASSIFICATION: UNCLASSIFIED

Hello Daniels Training Services, INC. Team,

I read through your internet article USDOT Requirements for Shipments of Empty 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) id recorded?

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 Cargi 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 that same day:

I will review and reply.

He was able to wait:

Mr. Stoehr,

Thank you, standing-by.

My final answer 06.21.20:

Please see below. My answers – like the article you referred to earlier – are derived from the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the US Department of Transportation (USDOT/PHMSA). The transportation in commerce of a hazardous material to, from, or through, the U.S. is subject to the HMR.

Question 1:

• There is no clear regulatory citation on this specific point in the HMR.
• 49 CFR 171.8 identifies the person who offers or offeror of a hazardous material (aka: the shipper) as a person who performs or is responsible for performing a pre-transportation function (described at §171.1(b)) or makes the HazMat available to the carrier.
• The shipper is responsible for compliance with §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 then 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;”
• In sum: There are no examples or provisions in the HMR for  cleaning or purging certificates or statements.

Question 2:

• This is easier. No.
• 49 CFR 173.29(b)(2)(ii) requires the packaging to be, “…sufficiently cleaned of residue and purged of vapors to remove any potential hazard;” it does not prescribe how to do this.

Question 3:

• The HMR do not reference the LEL or UEL.
• It is up to you as the shipper to ensure compliance with §173.29. The HMR does not indicate how you do this.

Question 4:

• I do not recommend you set the standard with a LEL of 0.00%(V) since that is not indicated as a standard at §173.29.
• Instead, I recommend you ensure compliance with the conditions of §173.29.

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 was the last I heard from him. I hope the project went well. This is a common question among shippers of hazardous materials: How do I ensure the packaging is empty per 49 CFR 173.29? What certification is required? The answer is this: It is up to the shipper to determine if a packaging is in compliance with the requirements of 49 CFR 173.29 and then to offer it for transportation accordingly.

eMail of May 13, 2020:

As discussed on the phone this afternoon, <<Company>> is a specialty chemical company supplying a wide range of Industrial Chemicals, some of which are considered hazardous (most because they contain either caustic or acidic components for cleaning or pretreatment). We have a customer that wants to return the empty drums so we can refill them with the same product as a cost savings for both our customer and us. My question is what does the customer need to do prior to shipping them back to us via common carrier. In our phone conversation you mentioned that the drums needed to be “RICRA Empty” less than an inch remaining in the drum and they did not need to be triple rinsed and they could leave the original labels on the drum. Let me know what else needs to be done in order for the customer to return these drums and what paper work is needed in order to return the drums.

My reply May 14, 2020:

Thank you for contacting me. I apologize for not getting this to you last night. Please see below for answers to your questions.

A question I received back on November 17, 2017:

I have a company that wants me to haul a used fuel truck that has hauled gas and diesel fuel they say it has been empty and setting in a storage lot for a period of time. Do I need special paperwork that shows that this truck has been cleaned and washed before transporting?

A pretty common question, so I was able to respond that same day:

Thank you for contacting me.  Please see below.