Interpretation Response #19-0033

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 09/27/2019

Company Name: Railsback Hazmat Safety Professionals, LLC

Individual Name: Rex Railsback

Location State: KS Country: US

View the Interpretation Document

Response text:

September 27, 2019

Rex Railsback
Railsback Hazmat Safety Professionals, LLC
312 Lawrence Ave.
Lawrence, KS  66049

Reference No. 19-0033

Dear Mr. Railsback:

This letter is in response to your March 21, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Department of Transportation special permits (DOT-SP or SP). Specifically, you describe several scenarios pertaining to DOT-SP 8627 and DOT-SP 20705 and their use. 

We have paraphrased and answered your questions as follows:

Q1. You describe a scenario in which a carrier is transporting a "six-pack" consisting of six 60-gallon portable tanks or Intermediate Bulk Containers (IBCs), constructed and marked in accordance with DOT-SP 8627.  One of the six tanks is filled with 60 gallons of a combustible liquid while the remaining five tanks are empty. You ask whether the "six-pack" and transport vehicle are subject to the HMR pertaining to the transportation of an IBC or portable tank.

A1. A shipment using tanks marked with DOT-SP 8627 would be subject to the requirements of the SP. For the purposes of this SP, the group of specially designed 60-gallon tanks used under the terms of DOT-SP 8627 are considered "bulk" packagings. Therefore, the shipment would have to meet the HMR requirements for transporting the material in a bulk packaging. Please note that DOT-SP 8627 only authorizes the transportation of the hazardous materials listed in DOT-SP 8627 tanks.

Q2. You describe a scenario in which a carrier is transporting a "six-pack" consisting of six 60-gallon portable tanks or IBCs, constructed in accordance with DOT-SP 8627 but either not marked with the SP number or the SP number is covered. Each of the six tanks is filled with 60 gallons of a combustible liquid, totaling 360 gallons. You ask whether the "six-pack" and transport vehicle are subject to the HMR due to the non-bulk combustible liquid exception provided in § 173.l50(f).

A2. If the SP marking is removed or covered, the package is considered a non bulk, non specification package. If the manifold package is sealed off so that each 60-gallon tank is an independent package, the shipment would be excepted from the HMR in accordance with § 173.l50(f)(2) provided the material is not a hazardous substance, a hazardous waste, or a marine pollutant.

Q3. You describe a scenario in which a carrier is transporting one 50-gallon IBC, constructed and marked in accordance with DOT-SP 20705 and filled with 50 gallons of a combustible liquid. You ask whether the IBC and transport vehicle are subject to the HMR pertaining to the transportation of an IBC.

A3. A shipment using packagings marked with DOT-SP 20705 would be subject to the requirements of the SP. For the purposes of this SP, the specially designed 50-gallon tanks used under the terms of SP-20705 are considered "bulk" packagings. Therefore, the shipment would have to meet the HMR requirements for transporting the material in a bulk packaging. Please note that DOT-SP 20705 only authorizes the transportation of the hazardous materials listed in the SP in DOT-SP 20705 packagings.

Q4. You describe a scenario in which a carrier is transporting 20 50-gallon IBCs, constructed in accordance with DOT-SP 20705 but either not marked with the SP number or the SP number is covered. Each IBC is filled with 50 gallons of a combustible liquid, totaling 1,000 gallons. You ask whether the IBC and transport vehicle are subject to the HMR due to the non-bulk combustible liquids exception in § 173.l50(f).

A4. If the SP marking is removed or covered, the package is considered a non-bulk, non specification package. Therefore, the combustible liquid would be excepted from the HMR under § 173.l50(f)(2) provided the material is not a hazardous substance, a hazardous waste, or a marine pollutant.

Q5. You describe a scenario in which a carrier is transporting 30 50-gallon UN specification lAl/X steel drums, marked in accordance with § 178.503. Each drum is filled with 50 gallons of a combustible liquid, totaling 1,500 gallons. You ask whether this shipment is subject to the HMR due to the non-bulk combustible liquid exception in § 173.l50(f).

A5. The shipment would be excepted from the HMR in accordance with § 173.l50(f)(2), provided the drums are filled with a combustible liquid and the material is not a hazardous substance, a hazardous waste, or a marine pollutant.

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.l50(f), 173.l50(f)(2)

Regulation Sections