b'2019 WPMA Marketer InformationRULES & RegulationsProPerly TransPorTing skid TanksUnder the Federal Hazardous Materials RegulationsMark S. Morgan, Esq PMAA Regulatory W Avoiding Citations and CounselWashington, D.C. - Increasingly, federal and state en-forcement authorities are handing out costly citations toOut of Service Orderspetroleum marketers for improperly transporting portableMarketers can avoid unnecessary and costly cita-skid tanks to and from construction sites, farms and othertions by ensuring that the following DOT require-commercial user locations. Typically, skids are transportedments are met when transporting skid tanks that empty on a flatbed truck and then filled with product afterhave not been cleaned and purged of product: delivery to the end user. When the end user is finished with the skid tank, it is shipped back to the marketers tank yardPlacardsSkid tanks must be placarded unless in the same manner it was delivered. Since skid tanks at this point may only contain a small amount of fuel mixedthey have been cleaned of all residue with residue that is unsuitable for use in motor vehicles orand purged of vapors (49 CFR 172.29). other equipment, they are considered empty by marketersSkid tanks must be placarded on all four for purposes of complying with federal Hazardous Materi- sides when being transported (49 CFR als Regulations (HMR). Unfortunately, empty can be a172.504). There is an exception to this relative term. Skid tanks deemed empty by marketers arerule when the gross aggregate capacity often treated as containing hazardous materials by roadsideof the tank(s) is less than 1000 gallons inspectors. This difference of opinion over what constitutes- then only two sides need be placardedempty is likely to result in marketers being cited for fail- (49 CFR 172.514(c).ure to comply with the HMR, accompanied by a hefty fineShipping PapersSkid tanks containing only and probable out of service order.residue must still be accompanied by While a marketer may deem a skid tank empty of usableshipping papers that comply with U.S. product the fuel/residue mixture is still classified as aDOT HAZMAT regulations. Use the hazardous material under the HMR and must be properlysame format on skid tank shipping pa-placarded, accompanied by a shipping paper and trans- pers as used with fuel being transported ported by a CDL driver with a HAZMAT endorsement.by cargo tank truck or transport. The This is true regardless of the amount of residue left in thequantity on the shipping paperusually tank. There are no limited quantity exceptions for productdesignated in gallons or by truckload remaining in skid tanks. Any amount of hazardous materialshould be noted as residue. Residue transported in a skid tank is sufficient to trigger compli- is the substance left in a tank that is ance with the HMR. Only when the skid tank is cleanednot suitable for powering any engine and purged of vapors is it considered truly empty underor equipment due to its impurities. Any section 49 CFR 173.29 of the HMR and no longer subjectamount remaining in the tank above a to federal regulation. residue must be designated in gallons.Driver QualificationsOnly a driver with a cur-The costs for assuming a skid tank is empty when it is notrent CDL and HAZMAT endorsement are high, particularly when transporting multiple tanks onmay transport skid tanks containing fuel the same truck. Under the HMR, a person who violatesor residue.a requirement applicable to the transportation of hazard-ous materials is liable for a civil penalty of not more thanThe Bottom Line $55,000 and not less than $250 for each violation. The If a skid tank has not been cleaned and purged,maximum civil penalty is $110,000 if the violation resultsthen it must be transported as if it were full andin death, serious illness or severe injury to any person orsubject to all applicable federal hazardous materi-substantial destruction of property, and a minimum $495als transportation regulations. A good rule of thumbcivil penalty applies to a violation relating to HAZMATis to always treat skid tanks as containing producttraining. When the violation is a continuing one, each daywhen transporting between customer and tank yard.of the violation constitutes a separate offense.SWPMA News / Spring 201919WN19 Spring 17-48.indd 19 3/27/19 10:40 AM'