ExxonMobil Chemical Company — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, D.C. 20590 pateiats nd Hazardous Administration SEP 20 2007 ExxonMobil Chemical Company Mr. Ronald J. Stokes Ref. No. 06-0280 Intermediates, Synthetics Product Stewardship P.O. Box 3140 Edison, New Jersey 08818 Dear Mr. Stokes: This responds to your December 20, 2006 letter requesting clarification on the retesting and recertification requirements for portable tanks under §180.605 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and Special Permit DOT-SP-11167. According to your letter, you use portable tanks exclusively for the transport of a Pyrophoric solid, inorganic, n.o.s., UN 3200, PGI catalyst. Specifically, you ask: 1) what qualifications a testing facility and/or tester must have; 2) if there is an option between air and hydrostatic testing under §180.605(h); and, 3) whether PHMSA has a list of qualified testing facilities. Section 180.605 authorizes the use of either air or hydrostatic testing for recertification of DOT specification portable tanks. Special Permit DOT- SP-11167 authorizes the use of non- DOT specification portable tanks under certain conditions. In accordance with the terms of the special permit, a new tank must be hydrostatically pressure tested for one hour and hydrostatically retested and reinspected at least once every five years thereafter, as specified in §180.605 for DOT Specification 51 portable tanks at the original qualification test gauge pressure specified in Special Permit DOT-SP-11167, for a period of 15 minutes. There is no requirement in $180.605 for tests to be performed by an approved third party testing agency. Qualified testers are required to be trained in accordance with the HMR. If the tank is an The tank owner or user may have the tank inspected and tested by any qualified tester. ASME tank, the inspection and testing must be performed by a qualified ASME tester. I hope this answers your inquiry. Sincerely. Chief, Standards Development Office of Hazardous Materials Standards 180.605 060280#

Page 212/20/2006 08:01 7323216057 PRODUCT STEWARDSHIF 01/01 Boothe Intermediates, Synthetics Product Stewardship ExxonMobll Chemical Company Edison, New Jersey 08818 P.O. Box 3140 $180.605 732 321 6033 Telephone 732 321 6057 Facsimlle Testing of Portable Tanks 06-0280 ExonMobil December 20, 2006 Chemical Pipeline and Hazardous Matcrials Safety U.S. Department of Transportation 400 7th Street, S.W. Administration (PHH-10) Washington, DC 20590-0001 Attn: Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards Ref: DOT SP-1) 167 49 CFR $180.60S Dear Mr. Mazzullo: several portablc tanks constructed and tested by Eco-Pak (now Columbiana Boiler Company. LLC) and allowed Pursuant to the stated references I submit the following for your consideration and response. We currently have for hazmat transport under a special permit. We use these tanks exclusively for the transport of a Pyrophoric solid, inorganic, n.o.s. UN3200 PGI catalyst. Pursuant to DOT SP-11167 paragraph 7b and the requirements a }180.605 five year testing and recertification must be completed for each tank which gives rise to the following 1. Pursuant to the examination & test requirements in paragraphs (g) and (h) of $180.605; what qualifications. 2. Pursuant to paragraph (h) of $180.605 is there an option between air and hydrostatic testing? If not, which if any, must a testing facility and/or tester have? 3. If the tanks must be hydrostatically tested, does PHMSA have a list of qualified testing facilities? one must be performed? Since the retest due date is close, a prompt response would be apprecated. Should there be any questions concerning this request, I may be contacted at the above address or contact numbers shown below. Thanks for your help in this matter. Sincerely, Paani State Ronald J. Stokes Tcl (732) 321-6046 Fax (732) 321-6057 Email: ron.j.stokes@exxonmobil.com A Division of Exxon Mobil Corporation#