Interpretation Response #18-0109
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 12, 2019
Director of Strategic Accounts
9216 Autumn Court
Mobile, AL 36695
Reference No. 18-0109
Dear Mr. Cline:
This letter is in response to your July 17, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-DOT specification portable tanks. You state your company wants to construct and transport a roll-off/roll-on portable tank conforming to Special Provision T3 filled with “UN3190, Self-heating solid, inorganic, n.o.s., 4.2, PG II.” You further explain that while the hazardous material will contain some moisture, there will be no free-flowing liquid. Specifically, you ask if any additional requirements would apply to a non-DOT specification packaging containing “UN3190” if the portable tank is built with the proper compatibility, closures, venting, and conforms to the requirements of § 173.241.
The answer is yes. Use of the packaging is also subject to the requirements of Subparts A and B of Part 173, which include general packaging requirements in § 173.24, additional general requirements for bulk packagings in § 173.24b, and any applicable requirements for the use of a portable tank in § 173.32.
You are free to voluntarily construct your non-DOT specification portable tank to the standards in Special Provision T3. While such a portable tank would be an authorized packaging for the material in accordance with § 173.241, it cannot be represented as a DOT specification packaging or as complying with any DOT standard or requirement.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.241, 173.24, 173.24b, 173.32
|Requirements for the use of portable tanks