Interpretation Response #24-0120
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Kansas Agribusiness Retailers Association
Individual Name: Randy Stookey
Location State: KS Country: US
View the Interpretation Document
Response text:
July 15, 2025
Randy Stookey
General Counsel
Kansas Agribusiness Retailers Association
816 SW Tyler Street
Topeka, KS 66612
Reference No. 24-0120
Dear Mr. Stookey:
This letter is in response to your December 6, 2024, letter requesting clarification of the Hazardous Materials Regulation (HMR; 49 CFR Parts 171-180) provisions applicable to intermediate bulk containers (IBCs). In your letter, you state that a member of the Kansas Agribusiness Retailers Association (KARA) applied for and then received special permit (DOT SP 12412) that allows unloading of liquid hazardous materials from an IBC without removing it from the vehicle. DOT-SP 12412 is used to conduct delivery operations of agricultural hazardous materials to field application equipment. However, you seek clarification of several items associated with use of IBCs, the HMR, and DOT-SP 12412—including:
- Use of out-of-test IBCs (i.e., out of specification IBCs) under DOT-SP 12412.
- Draining or disconnecting hoses after unloading hazardous materials and before re-entering transportation.
- Incomplete or lack of shipping records.
We have paraphrased and answered your questions as follows:
Q1. Should an IBC no longer meeting a specification standard be considered a non-specification portable tank for transportation of low-hazard liquid hazardous material in accordance with § 173.241?
A1. Yes. If an IBC has not been maintained according to specification requirements of the HMR, it may generally be considered a non-specification bulk packaging provided the specification marking has been removed, destroyed, or covered. More specifically, it may be considered a non-DOT specification portable tank for the purpose of transporting hazardous materials in packing group II or III. Therefore, non-specification IBCs can be considered a non-DOT specification portable tank used to transport moderate to low hazard liquid material, provided they are suitable for the transportation of liquid hazardous materials—see § 173.241(c).
Q2. Should a non-DOT specification portable tank that is suitable for transporting liquid hazardous materials be removed from a vehicle before discharging its contents (i.e., unloading)?
A2. Yes. In accordance with § 177.834(h), for other than a cargo tank or intermodal (IM) portable tank, the contents of a container must not be discharged until after the container is removed from the motor vehicle.
Q3. Should hoses used to unload content from a non-DOT specification portable tank be disconnected and drained prior to transport?
A3. Yes. A hose for loading and unloading a non-DOT specification portable tank is not intended to contain hazardous material during transportation. Instead, it serves to connect the authorized transport packaging to a discharging or receiving container. While it is impractical to eliminate all traces of hazardous material residue from these hoses while vehicles are in transit to deliver product, the residue must be removed as much as possible, unless explicitly excepted in the HMR or through a special permit.
Q4. You note that DOT-SP 12412 applies to UN specification IBCs and DOT specification 57 portable tanks and does not extend to a non-DOT specification portable tank. Is a special permit required to discharge (unload) low hazard materials from a non-DOT specification portable tank without first removing the tank from a vehicle?
A4. Yes. Because DOT-SP 12412 does not extend to a non-DOT specification tank, a person would need to apply for a special permit to unload a non-DOT specification portable tank without first removing it from the vehicle in accordance with § 177.834(h). See § 107.105 for special permit application requirements.
Q5. Can KARA members maintain a running master shipping paper for a truck making multiple field deliveries, rather than requiring the carrier to update the shipping document after each delivery; and whether total quantity may be indicated in a similar manner provided for bulk packagings in 49 CFR § 172.202(a)(5)?
A5. Yes. In accordance with §§ 172.201(e) and 177.817(f)—a person is permitted to use and maintain a single (permanent) shipping paper for multiple shipments of hazardous materials that have the same shipping name and identification number without creating a separate copy for each shipment. When using a permanent shipping paper for multiple shipments, there must be a record of each stop that reflects the shipping name, identification number, quantity transported, and date of shipment after each unloading of hazardous material (see § 177.817(f)). Regarding the quantity transported, where a bulk packaging is used, nothing in either §§ 172.201(e) or 177.817(f) prohibits the packaging types from being used to indicate the quantity transported consistent with the allowance found in § 172.202(a)(5)—i.e., the number of portable tanks. Please note that if a motor carrier picks up additional quantities of hazardous materials not previously indicated on the shipping paper, the additional quantities must be reflected if the total quantity on the vehicle at any time exceeds the quantity transported as indicated on the shipping paper.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
§ 107.105, § 172.201(e), § 172.202(a)(5), § 173.241, § 173.241(c), § 177.817(f), § 177.834(h)