Boasso America Corporation — Hazardous Materials Safety Interpretation

Page 1f Transportatic S. Depanmel 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JAN 17 2006 Mr. Tony Ortego Ref. No. 05-0167 Hazardous Materials Specialist Boasso America Corporation 100 Intermodal Drive Chalmette, Louisiana 70043 Dear Mr. Ortego: This responds to your June 24, 2005 letter requesting clarification on shipping hazardous materials in a portable tank as a bulk export shipment from the port of New Orleans under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification on the proper shipping name and hazard class for your material, as well as the required markings and placarding for the portable tank. According to your letter, you are shipping a bulk quantity of a material that meets the defining criteria for a combustible liquid, UN 1993, as well as an environmentally hazardous substance and a marine pollutant for alkyl-(C3-C5)-benzene and solvent naptha. You also state that the portable tank is currently being marked and placarded as a Class 9, Marine Pollutant, and bears no markings as a Combustible liquid, NA 1993. In accordance with § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material for transportation. This Office does not perform that function. However, it is the opinion of this Office that the proper shipping description for your material would be 'Combustible liquid, n.o.s., NA 1993' under the HMR. It is also the opinion of this Office that in accordance with the International Maritime Dangerous Goods (IMDG) Code, the proper shipping description would be "Environmentally azardous substances, liquid, n.o.s., 9, UN 3082, PG IIl'. Both entries require a technica ame. If a reportable quantity of a listed environmentally hazardous substance i the package. For domestic transportation, the portable tank must be marked in accordance with 58172302, 13220) d the Ho The porsche tank mant be placate the MIDG 173.22 050167#

Page 2accordance with § 172.504. Placarding is not required for Class 9 materials when shipped domestically. I hope this answers your inquiry. Office of Hazardous Materials Standards Chief, Standards Development#

Page 3Boothe $173.22 June 24, 2005 Shipper's Responsibility Mr. Edward T. Mazzullo 05-0167 BOASSO Director, Office of Hazardous Material Standards AMERICA 400 7ª St. S.W U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590-0001 Dear Sir: I am requesting an interpretation concerning a shipment of hazardous material being shipped as an export shipment out of the port of New Orleans. The material is being shipped as a bulk shipment in a portable tank and as such, travels on the highway between Alabama and New Orleans. The material meets the description of a "Combustible liquid n.o.s.(contains solvent naptha) NA 1993, PGIII, Marine Pollutant" Flashpoint 67 C. It also meets the description of "Environmentally hazardous substance, liquid, n.o.s. (contains alkyl-(C3-C5)-benzene) class 9, UN3082, PGIII, flashpoint: 67C, Marine Pollutant. Both descriptions are listed on the shipping paper. (Sample copy attached) as a "NA1993" or combustible liquid. The tank is marked and placarded as a class 9, Marine Pollutant, and bears no markings This material is presently being transported on a regular basis. Could you please determine how the material should be classified on the shipping paper as well as the marking and placarding of the portable tank? Regards, Тему Оперо J Hazardous Materials Specialist Boasso America Corporation 100 Intermodal Dr. Boasso America Corporation Chalmette, Louisiana, 70043 100 Intermodal Drive Chalmette, LA 70043 Attachment: Sample Shipping Paper Tel: (504)279-8544 www.boassoamerica.com Fax: (504)277-0113 Certificate Number: 31089 ISO 9002#

Page 4Bill of Lading Short Form - ORIGINAL - NOT NEGOTIABLE Printed on: 06/06/2005 Page 1 of 2 Order No. : 187476 Customer P.O. No. : TBA Freight Terms: Collect Bill of Lading No.: 80266605 Shipper: NAPOLEAN AVENUE TERMINAL Ship-to A/c No. 900010059 50 NAPOLEAN AVENUE NEW ORLEANS, LA, 70115 SCAC: PRO No.: Vehicle ID HE 06/06/2005 - 08:00 Ship Date / Time : 06/06/2005 Delivery Date/Time : Route ID : HM Ind. Description of Articles, Special Marks and Exceptions Product Gross Weight 1 ISO x flashpoint: 67 °C, Combustible liquid, r.o.s. (contains solvent naphtha) NA1993, PG III, MARINE POLLUTANT, 20,004.000 KG 49 CFR Road Not regulated in packages 450 liter or less. alky1-(C3-CS)-benzene) class 9, UN 3082, PG III, Rashpoint: 67 °C, MARINE POLLUTANT, MDG Code: ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S. (contain: EmS-No.: F-A, EmS-No. 2: S-F, [Material : Item No. NMFC Code: Freight Forwarder : Seals : 62277 62278 * ORDER MUST MAKE SCHEDULED CUTOFF. ATTENTION CARRIER IF PREPAID Note: All Weights & Total No. of Pkps. below reflect the whule shipment for payment attach bill of lading to freight bill and send to Gross 34,872.153 KG Tare 14,868.153 KG Total Net 20,004.000 KG 12) oroteia red aller the proper is sper tial be grey in dipe ye of or dig a see per cal or acing die an a or declared value of the property as follows: "The sered 3) may deline to me delivery or this ships is paymen of fre ge and al or tail are Cano on a matiner, the consigner shall sign an the following sacrime: The carrier Mormain was me it ble inoper career intemational and national governmental regulations Placards applied Placards offered Shipper Mike Lyman Date 06/06/2005 Carrier X CALLS ORIGINATING OTHER THAN US & CANADA:CALL CHEMTREC 1-703-527-3887 EMERGENCY CONTACT: CALL CHEMTREC 1-800-424-9300#