By Andy Altemos, Senior Technical Advisor

In the previous issue of HAZMAT Packager & Shipper, comments were offered on a recent DOT interpretation letter addressing the continued use of certain DOT specification portable tanks for which new construction is no longer authorized - specifically DOT Specification 51 and Specification IM101 and 102 portable tanks - and the applicability of “T-Codes” to the continued use of these tanks (see p.10 of November/December issue).  In the comments on this letter, it was noted that the interpretation left certain rather fundamental questions unanswered regarding the applicability of T-Codes to Specification 51 portable tanks in the context of the applicable requirements as currently written.

This most recent DOT letter (January 2009) aims to clarify an apparent contradiction between the prior (September 2008) letter, and yet another, older interpretation letter issued in April 2005 regarding the applicability of T-Codes to DOT Specification 51 portable tanks.  There are really two separate issues at play here and addressed in all of these letters.  Perhaps unavoidably, these separate issues have become tangled, further muddying the waters - and it may be helpful to separate them to lend structure to this discussion.  The first relates to the meaning and intent of the transitional provision in § 171.14(d)(4) of the Hazardous Materials Regulations (HMR ).  The issue is whether certain tanks for which new manufacture is no longer authorized (i.e., DOT Specification 51 and Specification IM101 and 102) can continue to be used after the January 1, 2010 date mentioned in that paragraph.  The second issue relates to the applicability of T-Codes to the use of certain specification portable tanks.

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