portable tank

FAQ: What is a portable tank?

FAQ: What is a portable tank?

The Definition:

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

Portable tank means a bulk packaging (except a cylinder having a water capacity of 1000 pounds or less) designed primarily to be loaded onto, or on, or temporarily attached to a transport vehicle or ship and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means. It does not include a cargo tank, tank car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders.

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.
So lets break it down…
  • A portable 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).
  • However, a portable tank may be a non-bulk packaging if it is a cylinder (defined at §171.8) with a water capacity of 1,000 pounds or less.
  • A portable tank is not designed to be permanently attached to a transport vehicle or ship. This differentiates it from the cargo tank which is permanently attached to or forms part of a vehicle.
  • A portable tank is equipped with the following:
    • Skids
    • Mountings
    • Accessories to facilitate handling of the tank by mechanical means.

And finally…

  • A portable tank is not any of the following:
    • Cargo tank
    • Tank car (rail)
    • Multi-unit tank car tank (rail)
    • A trailer carrying 3AX, 3AAX, or 3T cylinders

Q: Could a cylinder be a portable tank?

UN Portable Tank

A: No. The definition (as of 06.06.20) is unclear as to whether a cylinder could ever be a portable tank. The opening sentence refers to a cylinder having a water capacity of 1000 pounds or less, which is a non-bulk packaging. It seems to be saying that a portable tank is a bulk packaging but it could also be a cylinder if it is a non-bulk packaging. Also, the last sentence specifically excludes the packaging types a portable tank is not. Included here is a trailer carrying 3AX, 3AAX, or 3T cylinders, but not all cylinders. It seems to leave open the possibility that some non-bulk cylinders could meet the definition of a portable tank. Conversation with USDOT/PHMSA HazMat Info Line revealed the following time-line to the progression of the definition of portable tank:

  • The original definition published in 1976 did not include the reference to bulk packaging since that term did not yet exist. The reference to cylinders was present then.
  • In 1987 the definition of portable tank was modified to include the reference to bulk packaging but the misleading references to cylinders remained.

In conclusion: disregard the reference to cylinders in the definition of a portable tank. A portable tank can’t be a cylinder. USDOT/PHMSA will correct this error in a later rule change. 

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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.