Interpretation Response #23-0018
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: LDJ Manufacturing, Inc.
Individual Name: Mr. David J. Ladwig
Location State: IA Country: US
View the Interpretation Document
Response text:
January 29, 2024
Mr. David J. Ladwig
Compliance & EHS Manager
LDJ Manufacturing, Inc.
1833 Highway 163
Pella, IA 50219
Reference No. 23-0018
Dear Mr. Ladwig:
This letter is in response to your February 27, 2023, email and a conversation with a member of my staff concerning the shipment of combustible liquids transported by highway in compliance with the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company manufactures and sells multi-tank units for the purpose of transporting diesel fuel that has been reclassed as a "combustible liquid" in accordance with § 173.150(f)(1). Further, these multi-tank units are then mounted on a trailer or truck chassis, with each individual tank having a maximum capacity of no greater than 115 gallons. You also state that each individual tank is a self-contained packaging that does not share a common wall with the other tanks, and that each individual tank is equipped with a shutoff valve that isolates the tanks from one another during transportation by highway.
Your questions are paraphrased and answered below:
Q1: You ask whether the multi-tank unit, as described in your email, can transport a combustible liquid—one that is not also classed as a hazardous substance, hazardous waste, or marine pollutant—without being subject to Subchapter C of the HMR, as stated in § 173.150(f)(2).
A1: The answer is yes. When transported by highway or rail, a flammable liquid reclassed as a combustible liquid in a non-bulk packaging (i.e., capacity less than or equal to 119 gallons) is not subject to the requirements of the HMR. See § 173.150(f)(1) and (2).
However, it should be noted that if the shutoff valves on each individual tank are not being used and therefore not preventing the flow of product in between the non-bulk tanks, the multi-tank unit—as described in your email—would instead be considered a single bulk packaging and would be subject to all applicable requirements of the HMR as provided in § 173.150(f)(3).
Q2: You note that the provisions in § 173.150(f)(2) do not specify the total number of non-bulk packagings allowed on a transport vehicle. As such, you ask whether eight or fewer non-bulk packagings containing up to a total of 1,000 gallons (or less) of a combustible liquid on a transport vehicle can utilize the provisions specified in § 173.150(f)(2).
A2: Provided the non-bulk packagings (i.e., capacity less than or equal to 119 gallons) comprising the multi-tank unit are separated as described in answer A1, the answer is yes.
Q3: You ask whether a transport vehicle that carries a maximum of 1,000 gallons of combustible liquids—contained in non-bulk packagings comprising the multi-tank unit—would require hazardous materials shipping papers, markings, labels, or placards.
A3: Provided the non-bulk packagings (i.e., capacity less than or equal to 119 gallons) comprising the multi-tank unit are separated as described in answer A1, the answer is no.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.150(f)(1), 173.150(f)(2), 173.150(f)(3)
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |