Packages that contain residues of hazardous materials are regulated for transportation in substantially the same way as if they are full. When you receive a delivery of a hazardous material transported in a cargo tank-defined at 49 CFR 171.8 as a bulk packaging intended to carry liquids or gases that is permanently attached to or forms a part of a motor vehicle-you must determine if you are required to provide a shipping paper for the cargo tank when it leaves your facility.
Packages that contain residues of hazardous materials are regulated for transportation in substantially the same way as if they are full. When you receive a delivery of a hazardous material transported in a cargo tank-defined at 49 CFR 171.8 as a bulk packaging intended to carry liquids or gases that is permanently attached to or forms a part of a motor vehicle-you must determine if you are required to provide a shipping paper for the cargo tank when it leaves your facility.
To determine if the cargo tank return shipment must be accompanied by a shipping paper, you must first determine if you are the offeror of the residue. An offeror (or shipper) is defined at 49 CFR 171.8 as any person performing pre-transportation functions. Pre-transportation functions are discussed at 49 CFR 171.1(b) as including, but not being limited to:
* Classifying materials as regulated
* Selecting or packing containers for shipment
* Marking or labeling containers for shipment
* Filling out shipping papers and/or hazardous waste manifests
If a cargo tank of hazardous materials is unloaded at your facility-and the carrier remains present and leaves immediately after unloading-the cargo tank remains in transportation. In this scenario, you are a receiving facility that has not performed any pre-transportation functions-and you are not the offeror of the residue shipment. In this scenario, the original shipping paper is sufficient for the return cargo tank shipment because the carrier remained present, the cargo tank remained attached to the vehicle, and the cargo tank is considered to be in transportation and is covered by the active shipping paper throughout the process. In this scenario, it would be prudent for you to ensure that the carrier retains a copy of the original shipping paper when they leave your site.
If a cargo tank is delivered to your facility, it is unloaded without the driver present, and it is then offered at a later time as a residue shipment-it has left transportation. In this scenario, you are the offeror of the hazardous material residue in the cargo tank and you must provide a shipping paper with the return shipment.
There is an exception, however, for the Shipper’s Certification statement on the shipping paper. 49 CFR 172.204(b) states that there is no certification statement required (except for hazardous wastes) for a cargo tank that was supplied by the carrier.
Learn more about how to ship hazardous materials properly and meet your mandatory training requirements by attending Environmental Resource Center’s DOT Hazardous Materials Training : The Complete Course seminar, DOT Hazardous Materials Training: The Complete Course - Webcast, or DOT Hazardous Materials Update - Webcast.
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Training is required for all employees who the DOT classifies as Hazmat Employees. Anyone responsible for the safe transportation of hazardous materials, such as those who are involved in packaging, labeling, loading, unloading, completing shipping papers, or providing emergency information must be trained. Environmental Resource Center training is available on-site, and at conveniently located seminars, instructor-led webcasts, or self-paced online training.
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