{"operation":"document","citation":"25-0073","title":"Ohio Public Utilities Commission — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-04-23","effective_on":null,"summary":"25-0073 response to Ohio Public Utilities Commission concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0073.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0073.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0073","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-04/25-0073.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 23, 2026\nTom Forbes\nOhio Public Utilities Commission\nChief, Motor Carrier Enforcement\n180 E Broad Street\nColumbus, OH 43215\nReference No. 25-0073\nDear Chief Forbes:\nThis is in response to your June 2, 2025, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the discharge of the\ncontents of an intermediate bulk container (IBC) while still on a transport vehicle. In\nyour letter, you describe a scenario involving a vehicle equipped with five IBCs, three of\nwhich are filled with a hazardous material. These IBCs remain on the motor vehicle and\nare connected by hoses to a 55‑gallon capacity “induction tank.” The hazardous\nmaterials are mixed with water from an onboard water tank and the resulting mixture is\ntransferred from the “induction tank” via hose to the end user. Is the above scenario\nauthorized without being granted a special permit or party status to a special permit?\nNo. Under § 177.834(h), “discharge of contents of any container, other than a cargo tank\nor IM portable tank, must not be made prior to removal from the motor vehicle.”\nBecause the contents of the IBCs are being offloaded while still on the transport vehicle,\nthis operation violates the requirements of § 177.834(h). Discharging these IBCs while\nthey remain on the transport vehicle is not permitted without a special permit granting\nrelief from this regulation.\nIn addition, please note that PHMSA published a notice of proposed rulemaking\n(NPRM) titled “Hazardous Materials: Adoption of Department of Transportation Special\nPermits 12412 and 11646 into the Hazardous Materials Regulations” under Docket\nHM‑268L. PHMSA proposes to adopt the provisions of Department of Transportation\n(DOT) Special Permit (SP) 12412 into a new § 177.834(h)(1) that would allow the\ndischarge of liquid hazardous materials from certain UN Intermediate Bulk Containers\n(IBCs) and DOT Specification 57 portable tanks without removing them from the\nvehicle, provided certain conditions are met to ensure safety. Although the HM-268L\nNPRM does not propose to authorize the manifolding of IBCs during transportation, the\nuse of more than two IBCs under the new provisions, or the discharge of other\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n\n<<<PAGE 2>>>\n\npackaging types while on the transport vehicle, the proposals therein may impact the\nanswer to your question in the future.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Interpretation Request\nDate: Monday, June 2, 2025 3:20:21 PM\nAttachments: image001.png\nHi Yul,\nPlease see the below interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: tom.forbes@puco.ohio.gov <tom.forbes@puco.ohio.gov>\nSent: Monday, June 2, 2025 10:17 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is\nsafe.\nHM Info Center:\nI am requesting a written interpretation of the HMRs on the scenario described below.\nI recently stopped a CMV transporting Hazardous Materials (HM) for delivery of agricultural chemicals. The vehicle was being operated by a Co-Op not a farmer. The vehicle had 5\nIBC on board 3 of which were transporting HM. In discussions with the driver, I ask how the IBCs were off-loaded. Were they removed from the CMV or transferred while they\nremained on the CMV. He stated they remain on the CMV. I ask him to explain the process. The IBCs are connected by hoses to an “induction tank” and then mixed with water\nfrom a large water tank on board. The induction tank is 55 gallon in size. Once the water and AG chemicals are mixed, they are transferred by hose to the end user (farmer). I ask\nif they had a special permit that allows the IBCs to be off loaded or transferred while remaining on the vehicle and the driver stated no. I am providing photos below to detail the\nCMV and off-loading process.\nMy question: Is it a violation of 177.834(h) to transfer or off-load these IBCs before removing them from the CMV in this scenario if you are not party to the Special Permit that\nallows it?\nRear of truck showing some of the IBCs and the discharge hose with the valve and yellow shut off handle\n\n<<<PAGE 4>>>\n\nFront of truck showing the Green water tank and the 55-gallon “inductor tank”\n\n<<<PAGE 5>>>\n\nClose up of “inductor tank” and discharge pipe\n\n<<<PAGE 6>>>\n\nTom Forbes\nChief, Motor Carrier Enforcement\n180 E Broad Street\nColumbus, Ohio 43215\nD: 614.644.0296 C: 614.519.2811\ntom.forbes@puco.ohio.gov\nThis message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.\nThe State of Ohio is an Equal Opportunity Employer and provider of ADA services.","truncated":false,"body_characters":5201}