The question, November 05, 2020:

Good afternoon,

I have a question about carrying bulk tanks. I recently got stop and was told that I was in violation because I didn’t have my placards showing with flammable material. I told the DOT officer that my bulk tanks were empty and that to my understanding that once you are empty you cant show your placards as flammable anymore. Well, long story short I got a ticket for not showing my placards as flammable even though the totes were empty.

My question is… Is he correct on this?

Thank you,

My reply that same day:

The answer depends on two factors:

• Are the “bulk tanks” or “totes” you refer to a bulk packaging? I presume they are.
• Are the bulk tanks / totes empty to the point where they are sufficiently cleaned of residue and purged of vapors to remove any potential hazard per 49 CFR 173.29(b)(2)(ii)? I presume they are not and still contain some residue of the HazMat.

If this situation involves a bulk packaging that still contains the residue of a Class 3 Flammable Liquid (even just vapors), then – unfortunately – the DOT officer is correct in that the packaging must continue to display the placards it was required to display when full. In fact, the entire consignment is subject to full regulation, which requires:

• Required display of placards and identification number on the bulk packaging.
• Shipping paper describing the HazMat.
• HazMat Employee training for all persons with a direct affect on its safe transportation. The driver may also require Driver Training.
• A commercial driver’s license (CDL) with the HazMat endorsement for the driver (you!).
• Emergency response information and an emergency response telephone must accompany the consignment.
• More…

There is an exception from full USDOT regulations for an empty packaging with residue but this exception does not apply to a bulk packaging like your totes.

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

Conclusion:

Probably didn’t help him much since he already had the ticket. But, better to be sure for next time.

Contact me before you or one of your drivers are ticketed by USDOT for a HazMat transportation violation.

Another one of the questions I get. This one in December of 2020:

Is it legal to hand write the UN numbers on a black UN placard with a magic marker ?

My reply:

Yes. Maybe.

Per 49 CFR 172.338, if more than one of the identification number markings displayed on placards, orange panels, or white square-on-points is lost, damaged, or destroyed during transportation, the carrier shall replace all missing or damaged identification numbers as soon as practicable.

In such case the numbers may be entered by hand using an indelible marking material as long as it is legible.

So, it can only be done by the carrier (i.e., driver) and can only be done during transportation, i.e., while on the road.

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

A follow-up question from a occasional contact (06.13.18):

Daniel, Hope all is doing well.

I have another question that has been bothering me as well.  Hoping you can share some guidance.

Say I have a shipment of UN1993 BULK(ONE TOTE BIN)

I also have a shipment of Corrosive UN1806 non-bulk weighing 500lbs.

No other hazmat on board.  How would this trailer be placarded?

I, myself would say a bulk UN1993 placard and a corrosive placard.

I have had other safety officials advise that the bulk shipment is not included on the aggregate gross weight once its placarded.

My reply several days later:

I have an answer and it is not what I initially anticipated (I’m glad I did additional research of 49 CFR 172.504(c)).  Please see below.

A question from a recent customer (June 06, 2018):

Daniel,

Hope this finds you well. I am the warehouse manager at <<Company>>. I was wondering if you can clear something up for us. When placarding trucks if we have multiple hazard classes shipping and it is over 1000# we have to placard all the hazard classes correct? If you look at the attachment I believe we should’ve placarded both class 8 & 9. (A shipping paper was attached showing a consignment of more than 2,500 lb of various Class 8 Corrosive Materials, more than 3,000 lbs of a Class 9 Miscellaneous, 220 lb of a Class 3 Combustible Liquid, and some non-hazardous materials).  I have some that believe if one class is over the 1000# that is what gets placarded. Would you be kind enough to help clear this confusion.

My reply:

Thank you for contacting me.  Based on the available information I have made the following determination.  Please see below.

Sent May 05, 2018, all in uppercase so I knew he was serious.

TUESDAY I HAVE TO PICK UP 9,000 LBS OF CLASS 8 MATERIALS IN 200 BOXES ON 10 PALLETS PLUS 50 BAGS ON 2 PALLETS AT 1500 LBS OF CLASS 9 MARINE POLLUTANT MATERIALS.
DO I NEED A CORROSIVE PLACARDS WITH THE UN NUMBER ON THEM AND MARINE POLLUTANT PLACARDS FOR MY TRAILER?
I REFUSED THIS LOAD FRIDAY FOR THE LEAKING OF ONE BAG OF THE MARINE POLLUTANTS AND NO HAZMAT DOCUMENTS FOR THE CLASS 8 BOXES.

My reply the next day:

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

• The hazard class 8 Corrosive Material as described meets the following criteria:
  • 9,000 lbs in 200 boxes on 10 pallets.
  • Class 8 is listed in Table 2 at 49 CFR 172.504(e).
  • A quantity of more than 454 kg (1,001 lb).
  • Is in a non-bulk packaging.
• The vehicle must display the Class 8 placard on all four sides of the vehicle.
  • Display of placards
  • Visibility of placards
• However, it is not necessary to display the HazMat’s identification number (UN NUMBER) on the placard because both of the following are true for this consignment:
  • The HazMat is not in a bulk packaging. If in a bulk packaging it would be necessary to display the identification number on the vehicle.
  • It is not the only HazMat on the vehicle and is not more than 4,000 kg (8,820 lb). Read: Vehicle Marking Requirements for Large Quantities of a Single Hazardous Materials in Non-Bulk Packagings
• The marine pollutant as described meets the following criteria:
  • 1,500 lbs in 50 bags on 2 pallets.
  • It is a marine pollutant.
  • It is a Class 9 Miscellaneous.
• It is not necessary to display either the Class 9 placard or the marine pollutant mark.
  • When is the marine pollutant mark not required?
  • Is the Class 9 Placard  Required?
  • FYI: though it has the same dimensions and visibility requirements as a placard, the identification of a marine pollutant is a mark, not a placard.

• You were correct to reject the original consignment due to damaged packaging and lack of hazardous material shipping paper.  Per 49 CFR 177.801:

No person may accept for transportation or transport by motor vehicle a forbidden material or hazardous material that is not prepared in accordance with the requirements of this subchapter.

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

That must have done it because I didn’t hear from him after that.