Interpretation Response #25-0073
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Ohio Public Utilities Commission
Individual Name: Tom Forbes
Location State: OH Country: US
View the Interpretation Document
Response text:
April 23, 2026
Tom Forbes
Ohio Public Utilities Commission
Chief, Motor Carrier Enforcement
180 E Broad Street
Columbus, OH 43215
Reference No. 25-0073
Dear Chief Forbes:
This is in response to your June 2, 2025, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the discharge of the contents of an intermediate bulk container (IBC) while still on a transport vehicle. In your letter, you describe a scenario involving a vehicle equipped with five IBCs, three of which are filled with a hazardous material. These IBCs remain on the motor vehicle and are connected by hoses to a 55‑gallon capacity "induction tank." The hazardous materials are mixed with water from an onboard water tank and the resulting mixture is transferred from the "induction tank" via hose to the end user. Is the above scenario authorized without being granted a special permit or party status to a special permit?
No. Under § 177.834(h), "discharge of contents of any container, other than a cargo tank or IM portable tank, must not be made prior to removal from the motor vehicle." Because the contents of the IBCs are being offloaded while still on the transport vehicle, this operation violates the requirements of § 177.834(h). Discharging these IBCs while they remain on the transport vehicle is not permitted without a special permit granting relief from this regulation.
In addition, please note that PHMSA published a notice of proposed rulemaking (NPRM) titled “Hazardous Materials: Adoption of Department of Transportation Special Permits 12412 and 11646 into the Hazardous Materials Regulations” under Docket HM‑268L. PHMSA proposes to adopt the provisions of Department of Transportation (DOT) Special Permit (SP) 12412 into a new § 177.834(h)(1) that would allow the discharge of liquid hazardous materials from certain UN Intermediate Bulk Containers (IBCs) and DOT Specification 57 portable tanks without removing them from the vehicle, provided certain conditions are met to ensure safety. Although the HM-268L NPRM does not propose to authorize the manifolding of IBCs during transportation, the use of more than two IBCs under the new provisions, or the discharge of other packaging types while on the transport vehicle, the proposals therein may impact the answer to your question in the future.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
177.834(h)
Regulation Sections
| Section | Subject |
|---|---|
| 177.834 | General requirements |