PaintSquare.com


The First Word in Protective & Marine Coatings

A Product of Technology Publishing / PaintSquare
JPCL | PaintSquare News | Durability + Design | Paint BidTracker

Download the FREE Equipment and Rental Resource Guide

Paint and Coatings Industry News

Main News Page


New Rule Snarling Coating Shipments

Friday, February 10, 2012

More items for Coating Materials

Comment | More

What began as a small technical tweak has morphed into a big headache for trucked shipments of coatings around North America.

 ACA

 ACA

Drivers of coatings shipped in totes and IBCs are inadvertently running afoul of a new rule aimed at tank vehicles, the American Coatings Association says.

Swept up in a law of unintended consequences, coatings manufacturers are reporting “delays and difficulties” in product shipments, including drivers being ticketed, due to a recent change in the regulatory definition of a tank vehicle.

The change was not meant to affect coatings shipments, but it has.  Now, the American Coatings Association, which represents manufacturers, is scrambling for a remedy.

Tank Trucks or Trucks with Tanks?

The problem stems from a May 2011 final rulemaking on the requirements for a commercial driver’s license (CDL).

In that rule, the Federal Motor Carrier Safety Administration (FMCSA) changed the regulatory definition of a tank vehicle “to reflect legitimate concerns from enforcement officials concerning ambiguities about which vehicles should be regulated as tank trucks,” according to ACA.

The change came in response to a February 2008 petition from the Commercial Vehicle Safety Alliance (CVSA), a North American nonprofit that represents commercial motor carriers.

CVSA’s petition sought to clarify the differences between cargo tanks, which are attached in transport, and portable tanks, which are not attached in transport.

According to ACA, the petition “explicitly noted that individual portable tanks under 1,000 gallons, even if part of an aggregate shipment including more than 1,000 total gallons of capacity, should not trigger the need for a tank endorsement on a commercial driver’s license.”

In the end, however, that's exactly what happened.

‘Overly Broad’

The final rule, ACA says, “contained a new definition that is overly broad by including all shipments of bulk tank or tanks that have a total aggregate capacity of 1,000 gallons or more.”

The new definition is “extremely problematic” for the paint and coatings industry, which trucks “a significant amount” of product in totes (small portable tanks) and intermediate bulk containers (which typically carry 275 to 500 gallons).

Before the rule, drivers hauling these containers were only required to have a valid CDL with a hazmat endorsement.  Now, the same drivers need a tank vehicle endorsement as well.

Tickets and Trouble

Coating manufacturers have complained to ACA that their drivers are being cited for violations of the new requirement, “which is causing delays and difficulties in moving totes and IBCs,” the group said.

The problems have spurred ACA to meet with law enforcement leaders and request “soft enforcement” of the rule until it can get FMSCA to “reconsider this definition. “

ACA reports that it is working to get FMSCA to change the definition—again—to exclude totes and IBCs and has requested a meeting with FMSCA Administrator Anne Ferro to discuss the issue.

   

Tagged categories: American Coatings Association (ACA); Protective coatings; Regulations; Transportation

Comment Join the Conversation:

Sign in to our community to add your comments.

Polyval Coatings
POLYFLEX brand Polyurea

high chemical resistant membranes are used extensively to protect our environment in secondary containment applications.


Mitsubishi Gas Chemical America
Performance Amine 1,3-BAC

A highly reactive cycloaliphatic diamine offering superior performance. Reasonable cost and curing efficacy makes it suitable for all types of epoxy resin applications.


International Paint LLC

International Paint Engineered Coatings

Learn about our solutions for:
  • Structural Steel
  • Piping & Equipment
  • Storage Tanks
  • Pressure Vessels
  • Secondary Containment


    BASF
    New resins from BASF will have metals loving water:

    Excellent corrosion resistance, low VOC, high gloss, thin films basf.us/industrialcoatings
    polyorders@basf.com
    800-231-7868


    Sherwin-Williams
    Nova-Plate® 325

    • Extends Service Life
    • Single Coat Application
    • Cure to Service in 24 Hours


    SSPC: The Society for Protective Coatings
    http://www.sspc.org/

    Join SSPC and Enhance
    Your Career !


    Hempel (USA) Inc.
    HEMPEL PROTECTIVE COATINGS

    Efficient systems and high quality products to reduce your maintenance costs. Visit Hempel Protective for more information.

  •  
     
     
    Technology Publishing

    The Technology Publishing Network

    The Journal of Protective Coatings & Linings (JPCL) PaintSquare
    Durability + Design Paint BidTracker JPCL Europe

     
    EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
    REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
    MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us
     

    © Copyright 2000-2014, Technology Publishing / PaintSquare, All rights reserved
    2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951; Tel 1-412-431-8300; Fax 1-412-431-5428; E-mail webmaster@paintsquare.com