Empty packagings

Q&A: Can I stack IBCs if empty but containing HazMat residue?

A question back on April o2, 2018:

I know ibc totes can be stacked but not recommend when full ( flammable), so can they be double stack when empty and still be labeled ( flammable)? I’ve read that totes have to be cleaned and labels removed can you please clarify, my safety director says that they can even when labeled empty w/flammable labels still on them. Thanks Your feedback will be appreciated.

My reply:

That’s a tough question to answer because it combines the regulations of the USDOT/PHMSA (with which I am familiar) with those of OSHA (with which I am not familiar). Please see below.

Per USDOT/PHMSA Hazardous Materials Regulations at 49 CFR 173.703(a)(1)(vii) each IBC must be marked with its stacking test load in kilograms. If an IBC is not designed for stacking, the figure of zero “0” must be displayed.
Also, per 49 CFR 178.703(b)(7), an IBC manufactured, repaired, or remanufactured after January 01, 2011 must display a symbol indicating if it is designed for stacking or not designed for stacking.
This symbol indicates an IBC designed for stacking
The USDOT regulates an “empty” IBC the same as if it was full unless it is cleaned of all vapors or filled with non-hazmat so no hazard remains. Read: USDOT Requirements for the Shipment of Empty HazMat Packagings
Unless the IBC has been cleaned of all hazards and had all labels and marks removed it must be managed “empty” the same as when it was full so the stacking load limits would still apply.
The above regulations only apply to the IBCs when they are in transportation, being prepared for transportation, or being loaded or unloaded. There may be regulations of OSHA that limit their stacking aside from the regulations of the USDOT.

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

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

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Daniels Training Services, Inc.

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That seemed to do it!:

Thanks for the information very helpful.

Conclusion:

This Q&A displays a common occurrence in HazMat transportation: people assume they know the regulations or rely on the assumptions of others instead of using the HMR themselves as the determination of compliance. Make certain that your compliance is based on the Hazardous Materials Regulations of USDOT/PHMSA and not what you’ve “heard” or what others have told you. Just one of the requirements of the HMR is that you provide initial and triennial HazMat Employee training.

FAQ: Do I need an “All Clean” Certificate for my Cargo Tank Truck of HazMat?

Question:

I have been asked to transport a cargo tank truck containing the residue of a hazardous material, e.g. gasoline. I do not have the HazMat endorsement on my Commercial Driver’s License (CDL). If the cargo tank was empty I could transport it without the HazMat endorsement. Do I require a certification of some type to ensure the cargo tank is empty before I accept it for transportation?

Answer:

No. The Hazardous Materials Regulations (HMR) of PHMSA/USDOT do not apply to a cargo tank that once contained HazMat if it has been “…sufficiently cleaned of residue and purged of vapors to remove any potential hazard.”

Other requirements apply. Read: Requirements for Transport of Empty Packagings with HazMat Residue

However, the HMR does not establish a standard or require a certification for “…sufficiently cleaned of residue and purged of vapors to remove any potential hazard.” While some establishments may offer this “certification” for their cleaning services, in the end it is up to the shipper of the HazMat to determine the status of the cargo tank and comply with the applicable regulations.

HazMat Placards visible on a tanker truck

Got a Question? Dear Mr. Daniels…The Empty Packaging Exception and the HazMat Endorsement on the CDL

One of the things I love about my business is being able to answer someone’s question about the transportation of hazardous materials or the management of hazardous waste. Some questions have an easy answer, but a complicated explanation, and those are the ones I decided to address in this format: An advice column.

Why “Mr. Daniels”? Because many people mistakenly assume it to be my surname after visiting my website.

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Shipment of Empty HazMat Packagings and the Need for HazMat Labels, Placards, Markings, & etc.

49 CFR 173.29 contains the PHMSA/USDOT regulations for the transportation of empty packagings that last contained hazardous materials. As a shipper of hazardous materials you must be aware of §173.29(a) which states that an empty packaging with the residue of a hazardous material will be regulated the same as a full container:

Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.

There are several methods to avoid full regulation under the HMR when transporting an empty packaging, one of them is detailed in §173.29(b)(2)(ii). It allows for the transportation of empty packagings not subject to the HMR if the packaging:

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

In addition to cleaning and purging vapors, any material remaining in the packaging can not meet the definitions in §171.8 for a:

Hazardous substance,
Hazardous waste, or;
Marine pollutant.

If this is accomplished you still must comply with §173.29(b)(1) which requires you to complete one of the following:

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.
The preceding hazard communication methods may remain if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee (ie. the receiver of the empty packagings).

So, if the packagings are truly empty to where none of the HazMat remains you are required to either remove all indications of a hazardous material or ensure that the hazard communication methods in use are visible to no one but the shipper and the receiver.

What if the hazard communication methods remain on an empty packaging (cleaned of residue and purged of vapors per §173.29(b)(2)(ii) and are visible in transportation to someone other than the shipper or receiver?

That would be a violation of §173.29 & §171.2(k) which reads:

No person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present.

You know the regulations are complicated when even the shipment of an empty packaging has so many restrictions and requirements. If you ship empty packagings of hazardous materials, then it is certain that at least some of your employees are HazMat Employees and require the triennial training that I provide. Contact me for a free HazMat Employee or RCRA training consultation.

“Emptying” a Hazardous Material Packaging

In the Hazardous Material Regulations (HMR) at 49 CFR 173.29(a) you learn that as far as the PHMSA/USDOT is concerned, the transportation in commerce of an “empty” packaging that still contains the residue of a hazardous material is subject to the same regulations as when it was full.