Exxon Mobil Chemical Company — Hazardous Materials Safety Interpretation

Page 1- U.S. Department of Transportation 400 Seventh St., S.W. Research and NOV - 9 2000 Washington, D.C. 20590 Special Programs Administration Mr. Ronald J. Stokes product stewardship Rei. No. 00-0168 ExxonMobil Chemical Company Intermediates, Synthetics Product Stewardship P.O. Box 3140 Edison, New Jersey 08818 Dear Mr. Stokes: responds to your letter and subsequent telephone conversation with Mr. Michael Stevens of my staff regarding the shipping paper requirements as they apply to an empty (residue) Parts 171-180). tank car under the Hazardous Materials Regulations (HMR; 49 CFR You submitted a sample shipping paper for our review. It is your opinion that usage of the word "empty" as additional information shipping paper is consistent with the meaning of the word "residue" as required by § 172.203 (e) (2) in the phrase "RESIDUE: LAST CONTAINED * * * shipping paper as additional information. With consideration of Your understanding is correct. The word "empty" may appear on a the format changes that you discussed with Mr. Stevens, we take no exception to usage of the word "empty" as your revised shipping paper. • it would appear on I trust this satisfies your request. Please contact us if be of further assistance. Sincerely, Hathe 1. Mithel Hattie I. Mitchell chleI, Regulatory Review and Reinvention Ottice of Hazardous Materials Standards#

Page 2Intermediates, Synthetics Product Stewardship ExxonMobil Chemical Company P.O. Box 3140 Edison, New Jersey 08818 stevens 732 321 6057 Facsimile 732 321 6033 Telephone 8172.201 00-0468 ExonMobil June 12, 2000 Chemical RSPA Office of Hazardous Materials Standards (DHM 10) 400 Seventh Street, SW. U.S. Department of Transportation Washington, DC 20590-0001 Re: Interpretation Request To Whom It May concern: In a recent review of our rail shipping activities it was noted that the use of the word "empty" on bills-of-lading used for cars containing "residue" was inconsistent with the basic shipping description (ref: §172.201(a)(4)). Since we do not agree with this assessment, your interpretation of the regulatory standard is sought. In response to the comment we have compared the requirement of §$172.201(a)(4) to those found in §172,203(e) and §$173.29 to the actual use of the word "empty" and concluded the following: There is a different in the technical application of the words empty Vs residue however the common definition of empty allows for its use on documents as it is use in §172.203(e) and and §172.29(a). To better illustrate this point I have enclosed an example of a current bill-of-lading where the word empty is used, we think, in an acceptable manner. EST or at the address shown above. Questions concerning this matter may be directed to me at (732) 321-6046 between 8.00 AM and 5:00 PM I thank you in advance for kind assistance we this request. Respectfully, Ramaus- Stal Ronald J. Stokes Product Stewardship#

Page 3.- BILL OF LADIN • PAGE 1 OF 1 EMPTY CAR-INSTRUCTIONS DISPOSITION INSTRUCTION-UNLESS OTHERMISE INSTRUCTED, WIEN IMPTY, RETURA CAR TO SHIPPER AE ORIGIN PHOMI BELON VIA REVERSE ROUTE. DEPARIMENT OF TRANSPORIATION REGULATIONS 49 EPR-PARIS 170-189 MUST DE OBSERVED NHEN RETURNID EMPTY CAR LAS. CONTAINED DOI REGULATED HATERIALS. PLEASE RETURN TO: ORIGIN CARRIER NAME: BURLINGTON NORTHERN SANTAFE RR VEHICLE NO.: UTLX200232 SHIPPER OF EMPTY CAR: CHEMICAL PRODS DIV MOBIL CHEMICAL COMPANY ROUTE 27 od furint METUCHEN-MIDDLESEX, NJ 08840 USA • SHIPPER'S ORDER NO.: pers te CUSTOMER'S ORDER NO.i ROUTE (READ FROM RIGHT TO [EFT) : BNSF - (MEMPH) - IC- (TOLON) - NS NBR/TYPE HM SHIPPING DESCRIPTION PACKAGE RESIDUE, LAST CONTAINED 1 TC CMPT 1 CORROSIVE LIQUID, ACIDIC, ORGANIC, NOS// (ISOPENTANOIC ACID) //3// UN3265// PG III// IN=ISOPENTANOIC CODE: CC-140 ACID// PLACARDED: CORROSIVE// HAZMAT STCC= 4932040 PRIOR TO THE RETURN OF AL DEPTY CAR LAS. CONTAINIÃO À DEI REOSA-ED MATERIL, DE SURE THE CAR HAS THE APPEICABLE DOT PLACAROS DISPLAYED. DOME COVERS, UNICADING VALVE CAPS LID OTIR CONNECTIONS MUST BI IL PIACE AND PROPERLY SECURED BEFORE CARS ARE TURNEI OVER TO RAIMORD COMPANY FOR THE EXPIY MOVIMDN.. SHIPPER BY RECEIVED AGENT PER ... ****+ 777**++++++ *******+ IN EVENT OP EMERGENCY CHEMICAL INCIDENI, KEEP PEOPLE AWAX, STAY UPNIND, AVOID CONTACI NITE ATBRIAL. POR FURTHER INSTRUCTIONS, CALL CHENTRIC AI 800-424-9300 IN THE CONTINENTAL USA: V CANADA CALÙ UCC HBLP AI 514-640-6400 OR CANUTEC AT 613-996-6666; OUTSIDE THE UNITED ATBS OR CANADA CALL 703-527-3887 COLLECI DAY OR NIGHI. ....#