DOT Ditches Papers for Empty Hazardous Material Containers
Published Date: 8/4/2026
Rule
Summary
This final rule removes undue regulatory burdens by adopting the provisions of U.S. Department of Transportation (DOT) special permit (SP) 21478 to allow empty intermediate bulk containers (IBCs) that only contain the residue of a hazardous material to be transported without shipping papers, placards, and United Nations (UN) identification (ID) numbers.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Empty IBC residue transport allowed
Starting September 3, 2026, steel, rigid plastic, or composite intermediate bulk containers (IBCs) up to 2,100 L (550 gallons) that contain only residue of hazardous materials in packing group II or III of hazard Classes/Divisions 3, 4.1, 5.1, 6.1, 8, and 9 may be transported without shipping papers, placards, and UN ID numbers if conditions are met. Conditions include no more than 0.3 percent by weight residue of total IBC capacity, transport in a fully enclosed vehicle or freight container, shipment only to a reconditioning/remanufacturing/requalification/disposal/repair facility, marking and labeling per subparts D and E of Part 172, and transport limited to motor vehicle or rail.
No more special permit requirement
Effective September 3, 2026 (30 days after publication), holders of DOT Special Permit 21478 will no longer need that special permit to transport empty IBCs in accordance with 49 CFR 173.29 because the permit provisions are adopted into the Hazardous Materials Regulations.
"Residue IBC(s)" paperwork requirement
Shipments relying on the new empty-IBC provisions must be accompanied by a paper or electronic document that states the phrase "Residue IBC(s)" and lists the number of IBCs containing hazardous materials for each Class or Division on the transport vehicle. PHMSA estimates 44 respondents will make 50 shipments per year (2,200 shipments) and that creating this certification will take about 30 seconds per shipment (about 19 burden hours annually); the collection will be placed under OMB Control No. 2134-0034.
Placarding and UN ID marking exceptions
Transport vehicles or freight containers carrying empty IBCs under Sec. 173.29(d) are not subject to placarding (49 CFR part 172 subpart F) or UN identification number marking requirements (49 CFR 172.331). The final rule also revises 49 CFR 172.504 and 172.514 to reflect these exceptions.
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